Military

Law warfare 1956

DEPARTMENT OF THE ARMY FIELD MANUAL

THE LAW
OF
LAND WARFARE

CHANGE HEADQUARTERS
DEPARTMENT OF THE ARMY
No. 1 WASHINGTON,D.C., 15 July 1976

THE LAW OF LAND WARFARE
FM 27-10, 18 July 1956, is changed as follows:
Page 5. Paragraph 5a (13) is added:
(13) Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or Other Gases, and of Bac- teriological Methods of Warfare of 17 June 1925
(T.I.A.S.),cited herein as Geneva Protocol of 1925.
Page 18. Paragraph 376 is superseded as follows:
b. Discussio?t of Rule. The foregoing rule prohibits the use in war of poison or poisoned weapons against human beings. Restrictions on the use of herbicides as well as treaty provisions concerning chemical and bacteriological warfare are discussed in paragraph 38.
Page 18. Paragraph 38 is superseded as follows:
38. Chemical and Bacteriological Warfare
a. Treaty Provisio?~. Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, has been justly condemned by the general opinion of the civilized world; and
Whereas the prohibition of such use has been declared in Treaties to which the majority of Powers of the world are Parties; and
To the end that this prohibition shall be universally accepted as a part of International Law, binding alike the conscience and the practice of nations:
* * *-the High Contracting Parties, so far as they are not already Parties to Treaties prohibiting such use, accept this prohibition, agree to extend this prohibition to the use of bacteriological methods of
warfare and agree to be bound as between themselves according to the terms of this declaration. (Geneva Protocol of 1925.)
b. Ujlited States Reservation to the Getleva Protocol of 1925. ahe said Protocol shall cease to be binding on the government of the United States with respect to the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials, or devices, in regard to an enemy State if such State or any of its allies fails to respect the prohibitions laid down in the Protocol.
c. Renu?zciation of Certain Uses in War of Chenrical Herbicides
Riot Control Age?zts. The United States renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within US bases and installations or around their immediate defensive perimeters, and first use of riot control agents in war except in defensive military modes to save lives such as:
(I)
Use of riot control agents in riot control situations in areas under direct and distinct US military control, to include controlling rioting prisoners of war.

(2)
Use of riot control agents in situations in which civilians are used to mask or screen attacks and civilian casualties can be reduced or avoided.

(3)
Use of riot control agents in rescue missions in remotely isolated areas, of downed aircrews and passengers, and escaping prisoners.

(4)
Use of riot control agents in rear echelon areas outside the zone of immediate combat to protect convoys from civil disturbances, terrorists and paramilitary organizations.

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States of America by the Constitution and laws of the United States and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:
SECTION 1. The Secretary of Defense shall take all necessary measures to ensure that the use by the Armed Forces of the United States of any riot control agents and chemical herbicides in war is prohibited unless such use has Presidential approval, in- advance.
SECTION 2. The Secretary of Defense shall prescribe the rules and regulations he deems necessary to ensure that the national policy herein announced shall be observed by the Armed Forces of the United States. (Exec. Order No. 11850, 40 Fed. Reg. 16187 (1975).)
d. Disc2cssio)l. Although the language of the 1925 Geneva Protocol appears to ban unqualifiedly the use in war of the chemical weapons within the scope of its’prohibition, reservations submitted by most of the Parties to the Protocol, including the United States, have, in effect, rendered the Protocol a prohibition only of the first use in war of materials within its scope. Therefore, the United States, like many other Parties, has reserved the right to use chemical weapons against a state if that state or any of its allies fails to respect the prohibitions of the Protocol.
The reservation of the United States does not, however, reserve the right to retaliate with bacteriological methods of warfare against a state if that state or any of its allies fails to respect the prohibitions of the Protocol. The prohibition concerning bacteriological methods of warfare which the United States has accepted under the Protocol, therefore, proscribes not only the initial but also any retaliatory use of bacteriological methods of warfare. In this connection, the United States considers bacteriological methods of warfare to include not only biological weapons but also toxins, which, although not living organisms and therefore susceptible of being characterized as chemical agents, are generally produced from biological agents. All toxins, however, regardless of the manner of production, are regarded by the United States as bacteriological methods of warfare within the meaning of the proscription of the Geneva Protocol of 1925.
Concerning chemical weapons, the United States considers the Geneva Protocol of 1925 as applying to both lethal and incapacitating chemical agents. Incapacitating agents are those producing symptoms that persist for hours or even days after-exposure to the agent has terminated. It is the position of the United States that the Geneva Protocol of 1925 does not prohibit the use in war of either chemical herbicides or riot control agents, which are those agents of a type widely used by governments for law enforcement purposes because they produce, in all but the most unusual circumstances, merely transient effects that disappear within minutes after exposure to the agent has terminated. In this connection, however, the United States has unilaterally renounced, as a matter of national policy, cztain uses in war of chemical herbicides and riot control agents (see Exec.Order No. 11850 above). The policy and provisions of Executive Order No.
11850 do not, however, prohibit or restrict the use of chemical herbicides or riot control agents by US armed forces either (1) as retaliation in kind during armed conflict or (2)in situations when the United States is not engaged in armed conflict. Any use in armed conflict of herbicides or riot control agents, however, requires Presidential approval in advance.
The use in war of smoke and incendiary materials is not prohibited or restricted by the Geneva Protocol of 1925.
–
Page 19. Paragraphs 39, 40, and41 are superseded as follows:
39. Bombardment of Undefended Places Forbidden
a.
Treaty Provision. The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited. (HR, art. 25.)

b.
Intelpretation. An undefended place, within the meaning of Article 25, HR, is any inhabited place near or in a zone where opposing armed forces are in contact which is open for occupation by an adverse party without resistance. In order to be considered as undefended, the following conditions should be fulfilled:

(1)
Armed forces and all other combatants, as well as mobile weapons and mobile military equipment, must have been evacuated, or otherwise neutralized;

(2)
no hostile use shall be made of fixed military installations or establishments;

(3)
no acts of warfare shall be committed by the authorities or by the population; and,

(4)
no activities in support of military operations shall be undertaken.

The presence, in the place, of medical units, wounded and sick, and police forces retained for the sole purpose of maintaining law and order does not change the character of such an undefended place.
40. Permissible Objects of Attack or Bombardment
a. Attacks Against the Civiliaw Populatio?~ as Such Prohibited. Customary international law prohibits the launching, of attacks (including bombardment) against either the civilian population as such or individual civilians as such.
b. Defe)lded Plctces. Defended places, which are outside the scope of the proscription of Article 25, HR, are permissible objects of attack (including bombardment). In this context, defended places include-
(1)
A fort or fortified place.

(2)
A place that is occupied by a combatant military force or through which such a force is passing. The occupation of a place by medical units alone, however, is not sufficient to render it a permissible object of attack.

(3)
A city or town surrounded by detached defense positions, if under the circumstances the city or town can be considered jointly with such defense positions as an indivisible whole.

c.
Militcriy 0b.jectizfes. Military objectives-i.e, combatants, and those objects which by their nature, location, purpose, or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage-are permissible objects of attack (including bombardment). Military objectives include, for example, factories producing munitions and military supplies, military camps, warehouses storing munitions and military supplies, ports and railroads being used for the transportation of military supplies, and other places that are for the accommodation of troops or the support of military operations. Pursuant to the provisions of Article 25, HR, however, cities, towns, villages, dwellings, or buildings which may be classified as military objectives, but which are undefended (para 39b), are not permissible objects of attack.

A list of the treaties relating to the conduct of land warfare which have been ratified by the TTnited States, with the abbreviated titles used in this Manual, is set forth on page iii. The official English texts or a translation of the principal treaty provisions are quoted verbatim in bold type in the relevant paragraphs throughout the Manual. It should be noted, however, that the official text of the Hague Conventions of 18 October 1907 is the French text which must be accepted as controlling in the event of a dispute as to the meaning of any provision of these partiqular conventions. (See TM 27-251.)
The 1949 Geneva Conventions for the Protection of War Victiins have been ratified by the United States and came into force for this country on 2 February 1956. The effect of these four conventions upon previous treaties to which the United States is a party is dis- cussed in detail in paragraph 5 of the text. Each of the Hague Con- ventions of 1899 and 1907 and each of the Geneva Conventions of 1864, 1906, and 1929 will, of course, continue in force as between the United States and such of the other parties to the respective conven- tions as have not yet ratified or adhered to the later, superseding convention (s) governing the same subject matter. Moreover, even though States may not be parties to, or strictly bound by, the 1907 Hague Conventions and the 1929 Geneva Convention relative to the Treatment of Prisoners of War, the general principles of these con- ventions have been held declaratory of the customary law of war to which all States are subject. For this reason, the United States has adopted the policy of observing and enforcing the terms of these conventions in so far as they have not been superseded by the 1949 Geneva Conventions which necessarily govern the relations between the parties to the latter (see pars. 6 and 7 of the text).
The essential provisions of each of the earlier conventions men- tioned above have been substantially incorporated into the more recent and more co~nprehensive conventions on the same subject mat- ter, so that observance of the latter will usually include observance of the former. For this reason, only the more recent 1949 Geneva onv vent ions and the relevant provisions of the 1907 Hague Conven- tions are quoted in this Manual.
Pertinent informatioil concernii~g the current status of ratifica- tions, adherences, reservations, and denunciations (withdrawals) will be transmitted by higher authority to commanders in the field, as oc-casions, arise, thus rendering unnecessary the inclusion of such data in this Manual, and avoiding the frequent changes that such inclusion would entail.
Whenever possible, this Manual should be used in co~iju~lction
with TM 27-251, Treaties Govemting Land Warfare.
FM 27-5, Civil Affairs/Nilitary G’overnnzent, which deals with military government policy and administration, should be consulted in connection with chapter 6 of the present Manual.
ABBREVIATIONS
CWS..—–.-..-.——Geneva Convention for the Amelioration of the Con- dition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949.
GWS Sea –..——-..–Geneva Convention for the Amelioration of the Condi- tion of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 12 August 1949.
GPW ——.———.-Geneva Convention Relative to the Treatment of Pris- oners of War, 12 August 1949.
GC -.—-.——.-.—-Geneva Convention Relative to the Protection of Civil- ian Persons in Time of War, 12 August 1949.
CPW 1929–,.——.—Geneva Convention Relative to the Treatment of Pris- oners of War, 27 July 1929.
CWS 1929.-…,——–Geneva Convention for the Amelioration of the Condi- tion of the Wounded and Sick of Armies in the Field, 27 July 1929.
H. III.—-,.-,,.,.,,,..Hague Convention No. I11 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.
HR –.—-,-.–.—–..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.
H. IX——————Hague Convention No. IX Concerning Bombardment by Naval Forces in Time of War, 18 October 1907.
H. X.———-.——-Hague Convention No. X for the Adaptation to Mari- time Warfare of the Principles of the Geneva Con- vention, 18 October 1907.
Roerich Pact–. —. Treaty the Protection of Artistic and Scientific —-on Institutions and Historic Monuments, 15 April 1935. UCMI…….-..-.,. -.Uniform Code of Military Justice (64 Stat. 108; 50
U. S. C. 551-736).
FIELD DEPARTMENT OF THE ARMYMANUAL No. 27-10 } 25, D. C., 18 July 1956WASHINGTON
THE LAW OF LAND WARFARE

Paramphs Page
CHAPTER1. BASIC RULES AND PRINCIPLES
Section I.
General…………………………… 1-14

11. Protecting Powers ——-,,——,———
,-15-19

CHAPTER2. HOSTILITIES

Section I. Commencement of hostilities- ————-,
20-27
11. Forbidden conduct with respect to persons- —-28-32

111. Forbidden means of waging wakfare- ———-33-38

IV. Bombardments, assaults, and sieges- – – ——–39-47

V. Stratagems…………………………. 48-55

VI. Treatment of property during combat- – – ——56-59

CHAPTER3. PRISONERS OF WAR

Section I. Persons entitled to be treated asprisoners of war;

retained medical personnel- — – ————-60-71

11. Persons not entitled to be treated as prisoners of
war———-^—————-__———-72-83

111. General protection of prisoners of war—— — – 84-92

IV. Bepinning of captivity ………………….. 93-96

V. Internment of prisoners generally —,——-
97-100
VI. Quarters, food, and clothing —————-101-105

VII. Hygiene and medical attention ,,-_-_——–
106-109

VIII. Religious, intellectual, and physical activities- 110-114

IX. Discipline–—-,………………… –115-118

X. Rank of prisoners of war –,–119-121

XI. Transfer of prisoners of war —–~———-122124

XII. Labor of prisoners of war ——————-125-133

XIII. Financial resources of prisoners of war- ——134-144

XIV. Relations of prisoners of war with the exterior- 145-153

XV. Relations of prisoners of war and the authori-
ties————————————154-157

XVI. Penal and disciplinary sanctions ,__——–158-184

XVII. Termination of captivity —————–185-202

XVIII. Information bureaus and relief societies for pris-
oners-of war ………………………. 203-207

CHAPTER4. THE WOUNDED AND SICK

Section I. General provisions ,–,–,————-
208-214
11. Wounded and sick ……………………. 215-219

111. Medical units, establishments, personnel and
transfers…………………………. 220-237

IV. The Red Cross emblem -,,–,,,,-,,,——–238-245

CHAPTER5. CIVILIAN PERSONS

Section I. General provisions –,,—————
246-261
11. General protection of populations against cer-

tain consequences of war —————–252266

111. Provisions com’mon to the territories of the
parties to the codct and to occupied tem-
toria———————————-266-273

IV. Aliens in the territory of a party to the conflict- 274-285

V. Regulations for the treatment of internees—- 286-342

VI. Information bureaus, central agency, and relief
societies………………………… 343-350

CHAPTBIB6. OCCUPATION

kction I. General………………………….. 351-361

11. Administration of occupied territory– — – – –362-378

111. Righta of the population of occupied territory- 379-387

IV. Relief ……………………………. 388-392

V. Treatment of enemy property ———,
—–393-417
VI. Services of inhabitants and of ofticials——– 418-424

VII. Public finance—,———————– 425-431

VIII. Security of the occupant: penal legislation and
procedure——————————432448
CHAPTER7. NONHOSTILE RELATIONS OF BELLIG-
ERENTS

Section I. General—-,—————————-449-453

11. Military passports, safeconducts, and safe-
guards———————————454-457

111. Parlementaires…………………… 458-468

IV. Cartels-,—-,——–—————–
469
V. Capitulations……………………… 470-478

VI. Armistices…………………………. 47-94
CHAPTER8. REMEDIES FOR VIOLATION OF INTER
NATIONAL LAW; WAR CRIMES
Section I. Remedies and reprisals ………………… 495-497

IV. Internment of belligerent forces and tending of

wounded and sick in neutral territory—— 532-546

VI. Railway material ,———–————-652

Besieged places-Continued
Neutral diplomats- — – – – – – – – – – – — – — – – — – – —- – – —–44 20

Pillage forbidden——————————- 47 21

Bombardment, assaults and sieges …………………… 39-47 19

Aerial bombardment ……………………….. 42 20

Assaults and sieges ……………………………. 39-47 19

Buildings and areas protected …………………. 39,45,46 19,21
Identification thereof –…………………….. 46 21

Undefended places– ……………………….. 39 19

Warning required …………………………. 43 20

Booty of war (see also Pillage) ………………… 47,58, 59,396 21,24, 150

Buildings and monuments to be spared from bombardment– 45,46 21
Bullets (See Weapons.)
Bureau of Information for prisoners of war (See Prisoners of

of war.)
Camps and depots (See Prisoners of war-camps.)
Canteens, prisoners of war (See Prisoners of war-Canteens.)
Capitulation—————————-470-478 169

Commanders, legal power to make ———————472 169

Defined———————————-470 169

Destruction of property after signing ——————-476 171

Forms————————————474,475 170

Matters covered –,,–,————-475 ————-
170

Methods.——————————474 170

Military honor-,-,-,—————————– 471 169

Observance——————————471 169
. .
Political authorities, power- –…………………… 473 170

Violat~on——————————————-477 171

Captives (See Prisoners of war.)
Captivity (See Prisoners of war-captivity.)
Cartels———————————197,469 76,169
Censorship:

Internees correspondence —-,————319 126

Occupied territory …………………………. 377 144

Prisoners of war correspondence ———————–152 59

Central Prisoners of War Information Agency —————204 80
Cessation of arms (See Armistice; Suspension of Arms.)
Chaplains:

Prisoner of war, not to be considered as- ————–67, 112 28,44
Protection—————,—————225,230 89,90
Retention——-,————–

———– – –111,230,232 44,90,92

Rights and duties, with respect to prisoners of war——- 111 44

Weapons, right to carry -,————-223 ————-
88
Charity, protection of buildings devoted to (see also Aid Societies; Red Cross) ………………………….. 45,46,405 21,152 Chemicals, use (See Weapons.
) -,—,-,———-.-38 ——–18

Children:
Aliens, rights——————,————— 277 108

Besieged areas, evacuation ………………………. 256 102

Identification discs- ————–,——————263 105

201

‘This m-anual aupersedea FM 27-10. 1 October 1940. including C 1, 15 November 1944.
1
mpb
11. Crimes under international law— ———-498-604
111. Punishment of war crimes——————505-508
IV. Defenses not available- ,——————-504-511
CHAPTER9. NEUTRALITY
Section I. General…………………………… 512-521

11. Recruiting in neutral territory 522-524
111. Supplies and services from neutral territory —525-531
V. Neutral persons –,–,,,,—–
,————547-551
APPENDIX: INDEX OF ARTICLES OF THE 1949 GENEVA CON-
VENTIONS AND THE 1907 HAGUE CONVEN-
TIONS——- – – —– – —- – – – – – – – — – – – – —- – — – –INDEX————,——————————
,,—————
CHAPTER 1
BASIC RULES AND PRINCIPLES
Section I. GENERAL
1. Purpose and Scope
The purpose of this Manual is to provide authoritative guidance to military personnel on the customary and treaty law applicable to the conduct of warfare on land and to relationships between bel- ligerents and neutral States. Although certain of the legal principles set forth herein have application to warfare at sea and in the air as well as to hostilities on land, this Manual otherwise concerns itself with the rules peculiar to naval and aerial warfare only to the extent that such rules have some direct bearing on the activities of land forces.
This Manual is an official publication of the United States Army. However, those provisions of the Manual which are neither statutes nor the text of treaties to which the United States is a party should not be considered binding upon courts and tribunals appIying the law of war. However, such provisions are of evidentiary value inso- far as they bear upon questions of custom and practice.
2. Purposes of the Law of War
The conduct of armed hostilities on land is regulated by the law of land warfare which is both written and unwritten. It is inspired by the desire to diminish the evils of war by :
a. Protecting both combatants and noncombatants from unneces- sary suffering;
6. Safeguarding certain fundamental human rights of persons who fall into the hands of the enemy, particularly prisoners of war, the wounded and sick, and civilians ;and
c. Facilitating the restoration of peace.
3. Basic Principles
a. Prohibitory Efect. The law of war places limits on the exercise of a belligerent’s power in the interests mentioned in paragraph 2 and requires that belligerents refrain from employing any kind or degree of violence which is not actually necessary for military purposes and that they conduct hostilities with regard for the principles of humanity and chivalry.
The prohibitory effect of the law of war is not minimized by “mili- tary aecessity” which has been defined as that principle which justifies t,hose measures not forbidden by international law which are indis- pensable for securing the complete submission of the enemy as soon as possible. Military necessity has been generally rejected as a de- fense for acts forbidden by the customary and con~entional laws of xar inasmuch as the latter have been developed and framed with coasiderat,ion for the concept of military necessity.
71. Binding on States and Individuals. The law of war is binding not only upon States as such but also upon individuals and, in par-ticular, the members of their armed forces.
4. Sources
The law of war is derived froq two principal sources:
a. Lazumding Treaties (or Conventions), such as the Hague and Geneva Conventions.
6. Custom. Although some of the lam of war has not been incorpo- rated in any treaty or convention to which the United States is a party, this body of unwritten or customary law is firmly established by the custom of nations and well defined by recognized authorities 011 international law.
Lawmaking kreaties may be compared with legislative enactments in the national law of the United States and the customary law of war with the unwritten Anglo-American common law.
5. Lawmaking Treaties
a. Treaties to Which the United States Is a Party. The United States is a party to the following conventions pertinent to warfare on land :
(1)
Hague Convention No. 111 of 18 October 1907, Relative to the Opening of Hostilities (36State12859, Treaty Series 538),cited herein as 8.111.

(2)
Hague Convention No. IV of 18 October 1907, Respecting the Laws and Customs of War on Land (36 Xtat. 2277; Treaty Selies 539), cited herein as H. IV,and the Annex thereto, embodying the Regulations Respecting the Laws and Customs of War on Land (36Stat. 2895; Treaty Series 5%), cited herein as HR.

(3)
Hague Convention No. V of 18 October 1907, Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land (36 Stat. 2320; Treaty Series 5.40), cited herein as H. V.

1 United State8 Statute8 at Large.
‘ (4) Hague Convention No. IX of 18 October 1907,Concerning Bombardment by Naval Forces in Time of War (36 Stut. 2351; Treaty Series 54W), cited herein as H. IX.
(5)
Hague Convention No. X of 18 October 1907, for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention (36 Stat. 2372; Treaty Series No. 54-37, cited herein as H. X.

(6)
Geneva Convention Relative to the Treatment of Prison- ers of War of 27 July 1929 (47 Stat. 2021; Treaty Series 846),cited herein as GPW 1929.

(7)
Geneva Convention for the Amelioration of the Condi- dition of the Wounded and Sick of Armies in the Field of 27July 1929 (47 Stat, 207.4; Treaty Series 847), cited herein as G WS 1929.

(8)
Treaty on the Protection of Artistic and Scientific Insti- tions and Historic Monuments of 15 April 1935 (49 Stat. 3267; Treaty Series 899), cited herein as the Roerich Pact. Only the United States and a number of the Ameri- can Republics are parties to this treaty.

(9)
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949 (T. I.A. S.2 3362), cited herein as GWS.

(10)
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949 (T. I.A.S. 3363), cited herein as GWS Sea.

(11)
Geneva Convention Relative to the Treatment of Prison- ers of War of 12 August 1949 (T. I. A. S. 3364), cited herein as GPW.

(12)
Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 (T. I.A. S. 3365),cited herein as GC.

6. Effect of the Geneva Convention of 1949. GWS replaces the previous Geneva Woundc .: and Sick Conventions of 22 August 1864, 6 July 1906, and 27 July 1929 in relations between parties to GTVS (see GWS, art. 59). G WS Sea replaces Hague Convention No. X of 18 October 1907, for tlqB Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906 in relations between parties to GWS Sea (see GWS Sea, art. 68). GPW replaces GPW 1929 in relations between parties to GPW (see GPW, art 134) ; in relations between parties to 8.IT’ and the corresponding convention of 1899 -and which are also parties to GPW, it is complementary
Treaties and Other International Acts Series.
to Chapter I1of the BR (see GPW, art. 135). GO, in relations be- tween parties to 8.IV and the corresponding convention of 1899, is supplementary to Sections I1and I11of the ER (see GO, art. 154).
6. Custom
Evidence of the customary law of war, arising from the general consent of States, may be found in judicial decisions, the writings of jurists, diplomatic correspondence, and other documentary material concerning the practice of States. Even though individual States may not be parties to or otherwise strictly bound by 23.ZV and GPW 1929, the former convention and the general principles of the latter have been held to be declaratory of the customary law of war, to which all States are subject.
The Preamble to the ERspecifically provides :
Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.
Similarly, a common article of the Geneva Conventions of 1949 (GWS, art. 63; GWS Sea, art. 62; GPW, art. 142′; GO, art. 158) provides that the denunciation of (withdrawal from) any of the Geneva Con- ventions of 1949, * * * shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience.
7. Force of the Law of War
a. Technical Force of Treaties and Position of t7w United States. Technically, each of the lawmaking treaties regarding the conduct of warfare is, to the extent established by its terms, binding only between the States that have ratified or acceded to, and have not thereafter denounced (withdrawn from), the treaty or convention and is binding only to the extent permitted by the reservations, if any, that have accompanied such ratification or accession on either side. The treaty provisions quoted in this manual in bold-face type are con- tained in treaties which have been ratified without reservation, except as otherwise noted, by the United States.
These treaty provisions are in large part but formal and specific applications of general *principles of the unwritten law. While solemnly obligatory only as between the parties thereto, they may be said also to represent modern international public opinion as to how
belligerents and neutrals should conduct themselves in the particulars indicated.
For these reasons, the treaty provisions quoted herein will be strictly observed and enforced by United States forces without regard to whether they are legally binding upon this country. Military com- manders will be instructed which, if any, of the written rules herein quoted are not legally binding as between the United States and each of the States immediately concerned, and which, if any, for that reason are not for the time being to be observed or enforced.
6. Force of Treaties Under the Constitution. Under the Constitu- tion of the United States, treaties constitute part of the “supreme Law of the Land” (art. VI, clause 2). In consequence, treaties re- lating to the law of war have a force equal to that of laws enacted by the Congress. Their provisions must be observed by both military and civilian personnel with the same strict regard for both the letter and spirit of the law which is required with respect to the Constitu- tion and statutes enacted in pursuance thereof.
c. Force of Customary Law. The unwritten or customary law of war is binding upon all nations. It will be strictly observed by United States forces, subject only to such exceptions as shall have been directed by competent authority by way of legitimate reprisals for illegal conduct of the enemy (see par. 497). The customary law of war is part of the law of the United States and, insofar as it is not inconsistent with any treaty to which this country is a party or with a controlling execntive or legislative act, is binding upon the United States, citizens of the United States, and other persons serving this country.
8. Situations to Which Law of War Applicable
a. Types of Hostilities. War may be defined as a legal condition of armed hostility between States. While it is usually accompanied by the commission of acts of violence, a state of war may exist prior to or subsequent to the use of force. The outbreak of war is usually accompanied by a declaration of war (see par. 20).
Instances of armed conflict without declaration of war may include, but are not necessarily limited to, the exercise of armed force pur- suant to a recommendation, decision, or call by the United Nations, in the exercise of the inherent right of individual or collective self- defense against armed attack, or in the performance of enforcement measures through a regional arrangement, or otherwise, in conformity with appropriate provisions of the United Nations Charter.
6. Cwtomary Law. The customary law of war applies to all cases of declared war or any other armed conflict which may arise between the United States and other nations, even if the state of war is not recognized by one of them. The customary law is also applicable to all cases of occupation of foreign territory by the exercise of armed force, even if the occupation meets with no armed resistance.
c. Treaties. Treaties governing land warfare are applicable to various forms of war and armed conflict as provided by their terms. The Hague Conventions apply to “war.” Common Article 2 of the Geneva Conventions of 1949 states :
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of de- clared war or of any other armed conflict which may arise be- tween two or more of the High Contracting Parties, even if the state of war isnot recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall further- more be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. (GWb’, GWS Sea, GPW, GC, art. 8.)
d. Special Case of Civi2 Wars. See paragraph 11.
9. Applicability of Law of Land Warfare in Absence of a Declaration of War
As the custon~ary law of war applies to cases of international armed conflict and to the forcible occupation of enemy territory generally as well as to declared war in its strict sense, a declaration of war is not an essential condition of the application of this body of law. Similarly, treaties relating to “war” may become operative notwith- standing the absence of a formal declaration of war.
10. When Law of Land Warfare Ceases To Be Applicable
The lam of land warfare generally ceases to be applicable upon:
a. The termination of a mar by agreement, normally in the form of a treaty of peace; or
6.
The termination of a mar by unilateral declaration of one of the parties, provided the other party does not continue hostilities or other- wise decline to recognize the act of its enemy ;or

c.
The complete subjugation of an enemy State and its allies, if prior to a or b; or

d.
The termination of a declared mar or armed conflict by simple cessation of hostilities.

However, certain designated provisioils of the Geneva Conventions of 1949 (sesGO, art. 6; par 249 herein) continue to be operative, not- withstanding the termination of any antecedent hostilities, during the continuance of a military occupation. Insofar as the unwritten lam of war and the Hague Regulations extend certain fundamental safeguards to the persons and property of the populations of occupied territory, their protection continues until the termination of any occu- pation having its origin in the military supremacy of the occupant, notwithstanding the fact the Geneva Convention relative to the Pro- tection of Civilian Persons may have ceased to be applicable.
11. Civil War
a. Cwtomry Law. The customary law of war becomes applicable to civil war upon recognition of the rebels as belligerents.
6. Geneva Conventions of 1949.
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1)Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain pro- hibited at any time and in any place whatsoever with re- spect to the above-mentioned persons :
(a)
violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b)
taking of hostages;

(d)
the passing of sentences and the carrying out of execu- tions without previous judgment pronounced by a regu-larly constituted court, affording all the judicial guar- antees which are recognized as indispensable by civil- ized peoples.

(2)
The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. (GWS, GPW, GWS, Sea, GC, art. 3.)
12. Military Government and Martial Law Distinguished
In the practice of the United States, military government is the form of administration which may be established and maintained for the government of areas of the following types that have been sub- jected to military occupation :
a. Enemy territory.
6. Allied territory recovered from enemy occupation, when that territory has not been made the subject of a civil affairs agreement (see par. 354).
c.
Other territory liberated from the enemy, such as neutral terri- tory and areas unlawfully incorporated by the enemy into its own territory, when that territory has not been made the subject of a civil affairs agreement.

d.
Domestic territory recovered from rebels treated as belligerents.

Although militarygovernment is an accepted concept in the law of the United States, the limits placed upon its exercise are prescribed by the international law of belligerent occupation. Other countries exercise jurisdiction in occupied areas through types of administra- tion analogous to military government even though they may be desig- nated by other names.
In the United States, martial law is the temporary government of the civil population of domestic territory through the military forces, without the authority of written law, as necessity may require. The most prominent distinction between military government, as that term is used herein, and martial law is that the former is generally exercised in the territory of, or territory formerly occupied by, a hostile belligerent and is subject to restraints imposed by the inter- national law of belligerent occupation, while the latter is invoked only in domestic territory, the local government and inhabitants of which are not treated or recognized as belligerents, and is governed solely by the domestic law of the United States.
So far as the United States forces are concerned, military govern- ment and martial law are exercised by the military commander under the direction of the President, as Commander in Chief of the Armed Forces.
13. Military Jurisdiction
Military jurisdiction is of two kinds: first, that which is conferred by that branch of a country’s municipal law which regulates its mili- tary establishment; second, that which is derived from international law, including the law of war.
In the Army of the United States, military jurisdiction is exercised through the following military tribunals :
a. Courts-martial.
6. Military commissions.
C. Provost courts.
d. Other military tribunals.
mile general courts-martial have concurrent jurisdiction with military commissions, provost courts, and other types of military tribunals to try any offender who by the law of war is subject to trial by military tribunals (UCMJ,art. 18),it has generally been held that military commissions and similar tribunals hgve no jurisdiction of such purely military offenses specified in the Uniform Code of Mili- tary Justice as are expressly made punishable by sentence of corrt-martial (except where the military commission is also given ex-press statutory authority over the offense (UCMJ, arts. 104, 106)). In practice, offenders who are not subject to the Uniform Code of Military Justice but who by the lam of war are subject to trial by military tribunals, are tried by military commissions, provost courts, or other forms dmilitary tribunals.
In areas occupied by United States forces, military jurisdiction over individuals, other than members of the Armed Forces, who are charged with violating legislation or orders of the occupant is usually exercised by military government courts. Although sometimes desig- nated by other names, these tribunals are actually military commis- sions. They sit in and for the occupied area and thus exercise their jurisdiction on a territorial basis.
14. Dissemination of the 1949 Geneva Conventions
a. WAed and Sick Convention; Wounded and Sick at Sea Con- vention.
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in par- ticular, to include the study thereof in their programmes of mili- tary and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains. (GWS, art. 47, GWS Sea, art. 48.)
6. PGoners of War Convention.
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in par- ticular, to include the study thereof in their programmes of mili- tary and, if possible, civil instruction, so that the principles there- of may become known to a11 their armed forces and to the entire population.
Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions. (GPW, art. 127.)
c. CiviZiana Convention.
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possibIe in their respective countries, and, in par- ticular, to include the study thereof in their programmes of mili- tary and, if possible, civil instruction, so that the principles thereof may become known to the entire population.
Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of -protected persons, must possess the text of the Convention and be specially in- structed as to its provisions. (GC, art. 144.)
Section 11. PROTECTING POWERS
15. Protecting Powers
The Geneva Conventions of 1949 contain certain common provi- sions regarding the safeguarding of the interests of the belligerents by nations designated as “Protecting Powers.” These provisions are set forth in the following paragraphs.
16. Functions of Protecting Powers
a. Treaty Prm&ision.
The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose dutj it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible, the task of the representatives or delegates of the Pro- tecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Conven- tion. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. (GWS, art: 8; GWS Sea, art. 8; GPW, art 8;GO, art. 9.)
b. Article 8, UWS and G1VS Bea, contains the following additional provision :
Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military neeedtks
Except as specifically provided otherwise by GPW and GO,the ac- tivities of representatives or delegates of the Protecting Powers under these convent,ions may not be restricted even in -case of imperative milit,ary necessity.
17. Activities of the International Committee of the Red Cross
The provisions of the present Convention[s] constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the con- flict concerned, undertake for the protection of [persons pro- tected by the convention] and for their relief. (GWS art. 9; GWS Sea, art. 9; GPW, art. 9; GO, art. 10.)
18. Substitutes for Protecting Powers
The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When * * * [persons protected by the convention] do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Pro-tecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject tothe provisions of this Article, the offer of the services of a humanitarian organiza- tion, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it isin a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in itsfreedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute or- ganizations in the sense of the present Article. (GWS, art. 10; GWS Sea, art. 10; GPW, art. 10; GO, art. 11.)
19. Conciliation Procedure
In cases where they deem it advisable in the interest of pro- tected persons, particularly in cases of disagreement between Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagree- ment.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for * * * [persons protected by the convention] possibly on neutral territory suit- ably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Pro- tecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. (GWS, art. 11; GWS Sea, art. 11; GPW, art. 11; GO, art. 12.)
CHAPTER 2
HOSTILITIES
Section I. COMMENCEMENT OF HOSTILITIES
20. Declaration of War Required

a. Treaty Prodion.
The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war. (H. 111, art. 1.)
6. Surpl.ise Still PossibZe. Nothing in the foregoing rule requires that any particular length of time shall elapse between a declaration of war and the commencement of hostilities.
21. Notification to Neutrals
The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state,.of war. (E.111, art. %.)
22. When Articles of Hague Convention No. IllEffective Between Parties Article Iof the present Convention shall take effect in case of war between two or more of the Contracting Powers.
Article I1 is binding as between a belligerent Power which is a party to the Convention and neutral Powers which are also parties to the Convention. (H.111,art. 3.)
23. Present Effect of Foregoing Rules
The Charter of the United Nations makes illegal the threat or use of force contrary to the purpose of the United Nations. It requires mem- bers of the organization to bring about by peaceful means adjustment or settlement of international disputes or situations which might lead to a breach of the peace. However, a nonmember nation or a member nation which violates these provisions of the Charter com- mits a further breach of international law by commencing hostilities without a declaration of war or a conditional ultimatum as required by the foregoing articles of Hague Convention No. 111. Conversely, a State which resorts to war in violation of the Charter will not render its acts of aggression or breach of the peace any the less unlawful by formally declaring war.
24. Constitutional Provision
Article 1,section 8, clause 11,of the United States Constitution pro- vides that “The Congress shall have power * * * to declare War.” The law of war may, however, be applicable to an international con- flict, notwithstanding the absence of a declaration by the Congress. (See pars. 8 and 9, concerning the situations to which the law of war has application.)
25. Enemy Status of Civilians
Under the law of the United States, one of the consequences of the existence of a condition of war between two States is that every na- tional of the one State becomes an enemy of every national of the other. However, it is a generally recognized rule of international law that civilians must not be made the object of attack directed exclu- sively against them.
26. Effect on Enemy Aliens
Enemy aliens located or resident in United States territory are not necessarily made prisoners or interned en masse on the breaking out of hostilities. Such persons may be allowed to leave the United States if their departure is consistent with national interest (GC, art. 35; par. 274 herein). If the security of the United States makes it absolutely necessary, enemy aliens may be placed in assigned resi- dence or internment (GC, art. $2; par. 281 herein). Measures of con- trol are normally taken with respect to at least persons known to be active or reserve members of a hostile army, persons who would be liable to service jn the enemy forces, and persons who it is expected would furnish ll.formation or other aid to a hostile State. (See ch. V, sec. IV, concerning the treatment of aliens in the territory of a party to the conflict.)
27. Expulsion
In modern practice at the outbreak of hostilities the expulsion of the citizens or subjects of the enemy is generally decreed from sea- ports, the area surrounding airbases, airports, and fortified places, areas of possible attack, and the actual or contemplated theaters of operation. When expulsion is decreed, the persons expelled should be given such reasonable notice, consistent with public safety, as will enable them to arrange for the collection, disposal, and removal of their goods and property and for the settlement of their personal affairs. Such persons do not, however, benefit from the provisions of Articles 41 through 45, GC (pars. 280-284).
Section II. FORBIDDEN CONDUCT WITH RESPECT TO PERSONS
28. Refusal of Quarter
~tis especially forbidden * * * to declare that no quarter will be given. (ER, art. 23, par. (d).)
29. Injury Forbidden After Surrender
It is especially forbidden * * * to kill or wound an enemy who, having laid down his arms, or having no longer means of defense, has surrendered at discretion. (HR, art. $3, par. (c).)
30. Persons Descending by Parachute
The law of war does not prohibit firing upon paratroops or other persons who are or appear to be bound upon hostile missions while such persons are descending by parachute. Persons other than those mentioned in the preceding sentence who are descending by para- chute from disabled aircraft may not be fired upon.
31. Assassination and Outlawry
HRprovides : It is especially forbidden * * * to kill or wound treacherously individuals belonging to the hostile nation or army. (HR, art. 23, par. (b).)
This article is construed as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy’s head, as well as offering a reward for an enemy “dead or alive”. It does not, however, preclude attacks on individual soldiers or officers of the enemy whether in the zone of hostilities, occupied territory, or else- where.
32. Nationals Not To Be Compelled to Take Part in Operations Against Their Own Country
A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war. (ER, art. 23, 2d pa.. )
Section Ill. FORBIDDEN MEANS OF WAGING WARFARE
33. Means of Injuring the Enemy Limited
a. Treaty Provision.
The right of belligerents to adopt means of injuring the enemy is not unlimited. (HE, art. 22.)
6. The means empIoyed are definitely restricted by international declarations and conventions and by the laws and usages of war.
34. Employment of Arms Causing Unnecessary Injury
a. Treaty Provtion.
It is especially forbidden * * * to employ arms, projectiles, or material calculated to cause unnecessary suffering. (ER,art. 23, par. (e).)
6. Interpretation. What weapons cause “unnecessary injury” can only be determined in light of the practice of States in refraining from the use of a given weapon because it is believed to have that effect. The prohibition certainly does not extend to the use of ex- plosives contained in artillery projectiles, mines, rockets, or hand grenades. Usage has, however, established the illegality of the use of lances with barbed heads, irregular-shaped bullets, and projectiles filled with glass, the use of any substance on bullets that would tend unnecessarily to inflame a wound inflicted by them, and the scoring of the surface or the filing off of the ends of the hard cases of bullets.
35. Atomic Weapons
The use of explosive “atomic weapons,” whether by air, sea, or land forces, cannot, as such be regarded as violative of international law in the absence of any customary rule of international law or in-ternational convention restricting their employment.
36. Weapons Employing Fire
The use of weapons which employ fire, such as tracer ammunition, flamethrowers, napalm and other incendiary agents, against targets requiring their use is not violative of international law. They should not, however, be employed in such a way as to cause unnecessary suffering to individuals.
37. Poison
a. Treaty Provision.
It is especially forbidden * * * to employ poison or poisoned weapons. (HR, art. 5’3, par. (a).)
b. Dismsion of Rule. The foregoing rule does not prohibit meas- ures being taken to dry up springs, to divert rivers and aqueducts from their courses, or to destroy, through chemical or bacterial agents harmless to man, crops intended solely for consumption by the armed forces (if that fact can be determined).
38. Gases, Chemicals, and Bacteriological Warfare
The United States is not a party to any treaty, now in force, that prohibits or restricts the use in warfare of toxic or nontoxic gases, of smoke or incendiary materials, or of bacteriological warfare. A treaty signed at Washington, 6 Febuary 1922, on behalf of the United States, the British Empire, France, Italy, and Japan (3 MaZloy, Treaties 3116) contains a provision (art. V) prohibiting “The use in war of asphyxiating, poisonous or other gases, and all analogous liquids, materials, or devices,” but that treaty was expressly condi- tioned to become effective only upon ratification by all of the signa- tory powers, and, not having been ratified by all of the signatories, has never become effective. The Geneva Protocol “for the prohibition of the use in war of asphyxiating, poisonous, or other gases, and of bacteriological methods of warfare,” signed on 17June 1925, on behalf of the United States and many other powers (9.4 League of Nations Treaty Series 65),has been ratified or adhered to by and is now effec- tive between a considerable number of States. However, the United States Senate has refrained from giving its advice and consent to the ratification of the Protocol by the United States, and it is accordingly not binding on this country.
Section IV. BOMBARDMENTS, ASSAULTS, AND SIEGES
39. Bombardment of Undefended Places Forbidden
The attack or bombardment, by whatever means, of towns, vil- lages, dwellings, or buildings which are undefended is prohibited.
(HR,art. 5’5.)
40. Defended Place Defined
Investment, bombardment, assault, and siege have always been recognized as legitimate means of land warfare. Defended places in the sense of Article 25, HR, include :
a. A fort or fortified place.
6. A city or town surrounded by detached defense positions, which is considered jointly with such defense positions as an indivisible whole.
c. A place which is occupied by a combatant military force or through which such a force is passing. The occupation of such a place by medical units alone is not suflicient to make it a defended place.
Factories producing munitions and military supplies, military camps, warehouses storing munitions and military supplies, ports and railroads being used for the transportation of military supplies, and other places devoted to the support of military operations or the accommodation of troops may also be attacked and bombarded even though they are not defended.
41. Unnecessary Killing and Devastation
Particularly in the circumstances referred to in the preceding para- graph, loss of life and damage to property must not be out of pro- portion to the military advantage to be gained. Once a fort or de- fended locality has surrendered, only such further damage is per- mitted as is demanded by the exigencies of war, such as the removal
of fortifications, demolition of military buildings, and destruction of stores (GC, art. 147; par. 502 herein).
42. Aerial Bombardment
There is no prohibition of general application against bombard- ment from the air of combatant troops, defended places, or other legitimate military objectives.
43. Natice of Bombardment
a. Treaty Provision.
The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities. (HR, art. 26.)
b.
AppZication of Rule. This rule is understood to refer only to bombardments of places where parts of the civil population remain.

c.
When Warning is To Be Given. Even when belligerents are not subject to the above treaty, the oommanders of United States ground forces will, when the situation permits, inform the enemy of their intention to bombard a place, so that the noncombatants, espe- cially the women and children, may be removed before the bombard- ment commences.

44. Treatment of Inhabitants of Invested Area
a. General Population. The commander of the investing force has the right to forbid all communications and access between the besieged place and the outside. However, Article 17, GC (par. 256), requires that belligerents endeavor to conclude local agreements for the re- moval from besieged or encircled areas of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religi’ons, medical personnel, and medical equipment on their way to such areas. Provision is also made in Article 23 of the same Convention (par. 262) for the passage of consignments of medical and hospital stores and objects necessary for the religious worship of civilians and of essential foodstuffs, clothing, and tonics intended for children under 15, expectant mothers, and maternity cases.
Subject to the foregoing exceptions, there is no rule of law which compels the commander of an investing force to permit noncom-batants to leave a besieged locality. It is within the discretion of the besieging commander whether he will permit noncombatants to leave and under what conditions. Thus, if a commander of a besieged place expels the noncombatants in order to lessen the logistical burden he has to bear, it is lawful, though an extreme measure, to drive them back, so as to hasten the surrender. Persons who attempt to leave or enter a besieged place without obtaining the necessary permission are liable to be fired upon, sent back, or detained.
5. Diplomatic and Conadar Personlzel. Diplomatic and consular personnel of a neutral State should not be prevented from leaving a besieged place before hostilities commence, but this privilege can- not be claimed while hostilities are in progress. Should they volun- tarily decide to remain, they must undergo the same risks as other inhabitants.
45. Buildings and Areas To Be Protected
a, Buildings To Be Spared.
In sieges and bombardments all necessary measures must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.
It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand. (ER, art. BY.) (See also GC,arts. 18and19;pars. 257 and258 herein, dealing with the identi- fication and protection of civilian hospitals.)
6. Areas To Be Protected. In order to protect buildings used for medical purposes from being accidentally hit, it is desirable that the wounded and sick should, if possible, be concentrated in an area remote from military objectives or in an area neutralized by arrange- ment with the enemy. See GO,arts. 1Q,18,and 19; pars. 253, 257, and 258 herein, concerning the establishment of hospital and safety zones and localities.)
46. Such Buildings to Display Sign Specified inNaval Treaty
a. Treaty Provision.
It is the duty of the inhabitants to indicate such monuments, edifices, or places by visible signs, which shall consist of large stiff rectangular panels divided diagonally into two coloured tri-angular portions, the upper portion black, the lower portion white. (a.
ZX, art 5,Zd par.)
6. Application of Rule. The foregoing rule adopted in this con- vention for naval warfare may be adopted for protecting buildings under bombardment in land warfare.
c. Use of Foregoing for MiZitary Purposes. The besieging forces are not required to observe the signs indicating inviolability of buildings that are known to be used for military purposes, such as quarters, aareliouses, observation posts, or signal installations.
47. Pillage Forbidden
The pillage of a town or place, even when taken by assault, is prohibited. (HR, art. 28.)
Section V. STRATAGEMS
48. Stratagems Permissible
Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are con- sidered permissible. (BR,art. 94.)
49. Good Faith
Absolute good faith with the enemy must be observed as a rule of conduct; but this does not prevent measures such as using spies and secret agents, encouraging defection or insurrection among the enemy civilian population, corrupting enemy civilians or soldiers by bribes, or inducing the enemy’s soldiers to desert, surrender, or rebel. In general, a belligerent may resort to those measures for mystifying or misleading the enemy against which the enemy ought to take meas- ures to protect himself.
50. Treachery or Perfidy
Ruses of war are legitimate so long as they do not involve treachery or perfidy on the art of the belligerent resorting to them. They are, however, forbidden if they contravene any generally accepted rule.
The line of demarcation between legitimate ruses and forbidden acts of perfidy is sometimes indistinct, but the following examples indi- cate the correct principles. It would be an improper practice to se- cure an advantage of the enemy by deliberate lying or misleading conduct which involves a breach of faith, or when there is a moral obligation to speak the truth. For example, it is improper to feign surrender so as to secure an advantage over the opposing belligerent thereby. So similarly, to broadcast to the enemy that an armistice had been agreed upon when such is not the case would be treacherous. On the other hand, it is a perfectly proper ruse to summon a force to surrender on the ground that it is surrounded and thereby induce such surrender with a small force.
Treacherous or perfidious conduct in war is forbidden because it destroys the basis for a restoration of peace short of the complete annihilation of one belligerent by the other.
51. Legitimate Ruses
Among legitimate ruses may be counted surprises, ambushes, feign- ing attacks, retreats, or flights, simulating quiet and inactivity, use of small forces to simulate large units, transmitting false or mislead- ing radio or telephone messages, deception of the enemy by bogus orders purporting to have been issued by the enemy commander, mak- ing use of the enemy’s signals and pass~rords, pretending to com- municate with troops or reinforcements which have no existence, de-
ceptive supply movements, deliberate planting of false information, use of spies and secret agents, moving landmarks, putting up dummy guns and vehicles or laying dummy mines, erection of dummy in- stallation~ and airfields, removing unit identifications from uniforms, use of signal deceptive measures, and psychological warfare
activities.
52. Improper Use of Identifying Devices
~t is especially forbidden * * * to make improper use of a flag of truce, of the national flag, or of the military insignia and uni- form of the enemy, as well as the distinctive badges of the Geneva Convention. (BR,art. 23, par. (f) .)
53. Flags of Truce
Flags of truce must not be used surreptitiously to obtain military information or merely to obtain time to effect a retreat or secure re- inforcements or to feign a surrender in order to surprise an enemy. An officer receiving them is not on this account absolved from the duty of exercising proper precautions with regard to them.
54. National Flags, Insignia, and Uniforms as a Ruse
In practice, it has been authorized to make use of national flags, insignia, and uniforms as a ruse. The foregoing rule (HR, art. 23, par. (f)) does not prohibit such employment, but does prohibit their improper we. It is certainly forbidden to employ them during com- bat, but their use at other times is not forbidden.
55. Improper Use of Distinctive Emblem of Geneva Convention
The use of the emblem of the Red Cross and ,other equivalent in- signia must be limited to the indication or protection of medical units and establishments, the persome1 and material protected by GWS and other similar conventions. The following are examples of the improper use of the emblem: Using a hospital or other building accorded such protection as an observation post or military office or depot; firing from a building or tent displaying the emblem of the Red Cross; using a hospital train or airplane to facilitate the escape of combatants; displaying the emblem on vehicles containing am- munition or other nonmedical stores; and in general using it for cloaking acts of hostility.
Section VI. TREATMENT OF PROPERTY DURING COMBAT
56. Devastation
The measure of permissible devastation is found in the strict neces- sities of war. Devastation as an end in itself or as a separate meas- ure of war is not sanctioned by the law of war. There must be some reasonably close connection between the destruction of property and the overcoming of the enemy’s army. Thus the rule requiring re-spect for private property is not violated through damage resulting from operations, movements, or combat activity of the army; that is, real estate may be used for marches, camp sites, construction of field fortifications, etc. Buildings may be destroyed for sanitary purposes or used for shelter for troops, the wounded and sick and vehicles and for reconnaissance, cover, and defense. Fences, woods, crops, buildings, etc., may be demolished, cut down, and removed to clear a field of fire, to clear the ground for landing fields, or to furnish building materials or fuel if imperatively needed for the army. (See GC,art. 53; par. 339b; herein, concerning the permissible extent of destruction in occupied areas.)
57.    Protection of Artistic and Scientific Institutions and Historic Monu- ments
The United States and certain of the American Republics are parties to the so-called Roem’ch Pact, which accords a neutralized and protected status to historic monuments, museums, scientific, ar- tistic, educational, and cultural institutions in the event of war be- tween such States. (For its text, see .&9 Stat. 3267; Treaty Series No. 899.)
58. Destruction and Seizure of Property
It is especially forbidden * * * to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively de- manded by the necessities of war (HR, art. 93, par. (g).)
59. Booty of War
a. Public Property. All enemy public movable property captured or found on abattlefield becomes the property of the capturing State.
bJ Private Property. Enemy private movable property, other than arms, military papers, horses, and the like captured or found on a battlefield, may be appropriated only to the extent that such taking is permissible in occupied areas (see pars. 405-411).
c. Prisoners of War. The property which prisoners of war are to be allowed to retain is specified in Article 18, GPW (par. 94),
CHAPTER 3
PRISONERS OF WAR
Section I. PERSONS ENTITLED TO BE TREATED AS PRISONERS OF WAR; RETAINED MEDICAL PERSONNEL
60.    General Division of Enemy Population
The enemy population is divided in mar into two general classes:
a. Persons entitled to treat.ment as prisoners of mar upon capture, as defined in Article 4, GPW (par. 61).
6. The civilian population (exclusive of those civilian persons listed in GPW, art. b),who benefit to varying degrees from the provisions of GC (see chs. 5 and 6 herein).
Persons in each of the foregoing categories have distinct rights, duties, and disabilities. Persons mho are not members of the armed forces, as defined in Article 4, GPW, who bear arms or engage in other conduct hostile to the enemy thereby deprive themselves of many of the privileges attaching to the members of the civilian popu- lation (seesec. I1 of this chapter).
61.    Prisoners of War Defined
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
(1)
Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps form- ing part of such armed forces.

(2)
Members of other militias and members of other volun- teer corps, including those of organized resistance move- ments, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions :

(a)
that of being commanded by a person responsible for his subordinates ;

(b)
that of having a fixed distinctive sign recognizable at a distance;

(d)
that of conducting their operations in accordance with the laws and customs of war.

(3)
Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

(4)
Persons who accompany the armed forces without ac- tually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services re- sponsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

(5)
Members of crews, including masters, pilots and appren- tices, of the merchant marine and the crews of civil air-craft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provi- sions of international law.

(6)
~nhabitantsof a nonoccupied territory, who on the ap- proach of the enemy spontaneously take up arms to re- sist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B.
The following shall likewise be treated as prisoners of war under the present Convention:

(1)
Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.

(2)
The persons belonging to one of the categories enumer- ated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under inter- national law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8,10,15,30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist be- tween the Parties to the conflict and the neutral or non- belligerent Power concerned, those Articles concerning

the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the pres- ent Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplo- matic and consular usage and treaties.
C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. (GPW, art. 4.)
62. Combatants and Noncombatants
The armed forces of the belligerent parties may consist of com- batants and noncombatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war. (i9R,art. 3.)
63. Commandos and Airborne Troops
Commando forces and airborne troops, although operating by highly trained methods of surprise and violent combat, are entitled, as long as they are members of the organized armed forces of the enemy and wear uniform, to be treated as prisoners of war upon capture, even if they operate singly.
64. Qualifications of Members of Militias and Volunteer Corps
The requirements specified in Article 4, paragraphs A (2) (a)to (d),GPW (par. 61) are satisfied in the following fashion:
a. Command by a Responsible Person. This condition is fulfilled if the commander of the corps is a commissioned o5cer of the armed forces or is a person of position and authority or if the members of the militia or volunteer corps are provided with documents, badges, or other means of identification to show that they are officers, non- commissioned ogcers, or soldiers so that there may be no doubt that they are not persons acting on their own responsibility. State recog- nition, however, is not essential, and an organization may be formed spontaneously and elect its own officers.
6. Fixed Dhtinctive Sign. The second condition, relative to the possession of a hed distinctive sign recognizable at a distance is satis- fied by the wearing of military uniform, but less than the complete uniform will su5ce. A helmet or headdress which would make the silhouette of the individual readily distinguishable from that of an
ordinary civilian mould satisfy this requirement. It is also desirable
that the individual member of the militia or volunteer corps wear a badge or brassard permanently a5xed to his clothing. It is not neces- sary to inform the enemy of the distinctive sign, although it may be desirable to do so in order to avoid misunderstanding.
c.
Carrying Arms Openly. This requirement is not satisfied by the carrying of weapons concealed about the person or if the individuals hide their weapons on the approach of the enemy.

d.
CompZknce With Law of War. This condition is fulfilled if most of the members of the body observe the laws and customs of war, notwithstanding the fact that the individual member concerned may have committed a war crime. Members of militias and volunteer corps should be especially warned against employment of treachery, denial of quarters, maltreatment of prisoners of war, wounded, and dead, improper conduct toward flags of truce, pillage, and unneces- sary violence and destruction.

65. The Levee en Masse
If the enemy approaches an area for the purpose of seizing it, the inhabitants, if they defend it, are entitled to the rights of regular combatants as a Zeve’e en mmse (see GPW, art. 4, par. A (6);par. 61 herein), although they wear no distinctive sign. In such a case all the inhabitants of the area may be considered legitimate enemies until the area is taken. ,Should some inhabitants of a locality thus take part in its defense, it might be justifiable to treat all the males of military age as prisoners of war. Even if inhabitants who formed the Zeve’e en mmse lay down their arms and return to their normal activities, they may be made prisoners of war.
66. Wounded and Sick
Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. (GWS, art. 14.)
67. Medical Personnel and Chaplains
Medical personnel exclusively engaged in the search for, or collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the ad- ministration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances. (GWS, art. 24.)
Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, how- ever, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities neces- sary to provide for the medical care of and religious ministration to prisoners of war.
They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they,depend, within the scope of the military laws and regulations of the Detaining power and under the control of its competent services, in accord- ance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or
functions:
(a)
They shall be authorized to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of

transport.

(6)
The senior medical officer in each camp shall be respon- sible to the camp military authorities for everything con- nected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of the camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions.

(c)
Although they shall be subject to the internal discipline of the camp in which they are retained, such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties.

During hostilities, the Parties to the conflict shall agree con- cerning the possible relief of retained personnel and shall settle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view. (GRW, art. 33.) (See also GWS, arts. 27 and 32; pars. 229 and 233 herein.)
68. Ptrsons Temporarily Performing Medical Functions
Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses, or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick * * * who have fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises.
(GWS,arts. 25 and 29.)
69. Personnel of Aid Societies
The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the personnel named in Article 24, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations.
Each High Contracting Party shall notify to the other, either in time of peace, or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibility, to render assistance to the regular medical service of its armed forces.
(GWE,art. 26.)
70. Enumeration Not Exhaustive
The enumeration of persons entitled to be treated as prisoners of war is not exhaustive and does not preclude affording prisoner-of-war status to persons who would otherwise be subject to less favorable treatment.
71. Interim Protection
a. Treaty Provision.
The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal. (GPW, art. 6.)
b.
Interpretation. The foregoing provision applies to any person not appearing to be entitled to prisoner-of-war status who has com- mitted a belligerent act or has engaged in hostile activities in aid of the armed forces and who asserts that he is entitled td treatment as a prisoner of war or concerning whom any other doubt of a like nature exists.

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

d.
Fwther Proceedings. Persons who have been determined by a competent tribunal not to be entitled to prisoner-of-war status may

notbe imprisoned, or otherwise penalized without furtller judicial proceedings to determine what acts they have committed and what penalty should be imposed therefore.
Section 11. PERSONS NOT ENTITLED TO BE TREATED AS
PRISONERS OF WAR

72. C&tain Persons in Occupied Areas
persons in occupied areas not falling within the categories set forth in Article 4, GPW (par. 61), who commit acts hostile to the occu- pant or prejudicial to his security are subject to a special regime, concerning which see chapter 6, section VIII. The provisions of the present section must, in the case of offenses committed in occupied territory, be read subject to the qualifications set forth in chapter 6, section VIII (for example, the limitation on punishments prescribed by GC, art. 68; par. 438 herein).
73.    Persons Committing Hostile Acts Not Entitled To Be Treated as Prisoners of War
If a person is determined by a competent tribunal, acting in con- formity with Article 5, GPW (par. 71), not to fall within any of the categories listed in Article 4, GPW (par. 61), he is not entitled to be treated as a prisoner of war. He is, however, a “protected person” within the meaning of Article 4, GC (par. 247). (See pars. 247 and 248, concerning the status of such “protected persons” who have en- gaged in conduct hostile to the opposing belligerent.)
74. Necessity of Uniform
Members of the armed forces of a party to the conflict and mem- bers of militias or volunteer corps forming part of such’ armed forces lose their right to be treated as prisoners of war whenever they deliberately conceal their status in order to pass behind the military lines of the enemy for the purpose of gathering military information or for the purpose of waging war by destruction of life or property. Putting on civilian clothes or the uniform of the enemy are examples of concealment of the status of a member of the armed forces.
75. Spies
a. Treaty Provision.
A person can only be considered a spy when, acting clandes- tinely or on false pretences, he obtains or endeavors to obtain information in the zone of operations of a belligerent, with the htentioa of communicating it to the hostile party.
Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of
obtaining information, are not considered spies. Similarly, the following are not considered spies :Soldiers and civilians, carry- ing out their mission openly, intrusted with the delivery of des- patches intended either for their own army or for the enemy’s army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of main-taining communications between the different parts of an army or a territory. (EIR,art. 29.)
Ib. A?nerican Statutory Dejinition. The first paragraph of the foregoing Hague Regulation has been in effect somewhat modified, as far as American practice is concerned, by the subsequently enacted Article 106 of the Uniform Code of Military Justice (64 Stat. 138; 50 U.S. C.700),as follows :
h~. person who in time of war is found lurk-
106. Spies.-Any ing as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces of the United States, or in or about any shipyard, any manufacturihg or industrial plant, or any other place or institu- tion engaged in work in aid of the prosecution of the war by the United Statea, or elsewhere, shall be tried by a general court- martial or by a military commission and on conviction shall be punished by death.
c. Article 106 Gosernad Insofar as Article 29, ER, and Article 106, Uniform Code of Military Justice, are not in conflict with each other, they will be construed and applied together. Otherwise Article 106 governs American practice.
76. Who Included in Definition
The definition embodied in the Hague Regulations (par. 75a) and that contained in Article 106 of the Uniform Code of Military Jus- tice (par. 756) include persons of all classes, whether military or civilian, without regard to citizenship or sex. Both likewise apply only where the acts are committed in time of war. The Hague defini- tion applies only where the information is obtained or sought “in the zone of operations,” while the statutory definition isnot so limited. The latter includes only persons “found lurking as a spy or acting as a spy” in those places specifically designated “or elsewhere.” It has not been decided whether the phrase “or elsewhere” justifies trial by a military tribunal of any person who is not found in one of the places designated or in the field of military operations or territory under martial law and is not a member of the armed forces or other- wise subject to the Uniform Code of Military Justice. Persons charged with espionage committed in the United States outside mili- tary jurisdiction are nevertheless liable to trial and punishment by the civil courts under the espionage laws (18 U.S. C. (chap. 37)).
77. Employment of Spies Lawful he foregoing Article.29, BR (par. 75), and Article 24, HR (par. g~),tacitly recognize the well-established right of belligerents to spies and other secret agents for obtaining inforlllation of the enemy. Resort to that practice involves no offense against inter- national law. Spies are punished, not as violators of the laws of war,
but to render that method of obtaining information as dangerous, difficult, and ineffective as possible.
78.    punishment
a. Necessity of Z’kl. A spy taken in the act shall not be punished without previous trial.. (HR, art. 30.)
,b. Attempts., The spy is punisl~able with death whether or not he succeeds in obtaining information or in conveying it to the enemy.
c.    Immunity upon Rejoining Own Amy.
A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of es-pionage. (ER, art. 31.)
79. Aiding the Enemy
a. American Statutory Definition.
Any person who-

(1)
aids or attempts to aid, the enemy with arms, ammuni- tion, supplies, money, or other thing; or

(2)
without proper authority, knowingly harbors or pro-tects or gives intelligence to, or communicates or cor-

. responds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military com-mission may direct. (UCMJ, Art. 10.4; 64 Stat. 138; 50
U. 8.6′;698.)
6. Znterpretatwn. In time of war, the rule of the above article is general in its application to all persons whether or not otherwise sub- ject to military law and without regard to citizenship or military or civil status, who give aid to an enemy goverllment or persons ad- hering to it. It may be that this statute, should it be subjected to judicial interpretation, would be held to authorize the trial of civilians by military tribunals only when the offense had been committed in territory under martial lam or military government, or within the zone of military operations, or within areas invaded by the United States, or within or in the vicinity of a military installation, or in a plare
otherwise subject to military jurisdiction. Cases occurring in the United States outside military jurisdiction are triable by the civil
courts under the espionage laws mentioned above (par. 76) and laws relating to treason (18 U. S. C.(chap.115)).
80. Individuals Not of Armed Forces Who Engage in Hostilities
Persons, such as guerrillas and partisans, who take up arms and commit hostile acts without having complied with the conditions pre- scribed by the lams of war for recognition as belligerents (see GPW, art. 4; par. 61 herein), are, when captured by the injured party, not entitled to be treated as prisoners of war and may be tried and sentenced to execution or imprisonment.
81. Individuals Not of Armed Forces Who Commit Hostile Acts
Persons who, without Having complied with the conditions pre- scribed by the lams of war for recognition as belligerents (see GPW, art. 4; par. 61 herein), commit hostile acts about or behind the lines of the enemy are not to be treated as prisoners of war and may be tried and sentenced to execution or imprisonment. Such acts include, but are not limited to, sabotage, destruction of communications facili- ties, intentional. misleading of troops by guides, liberation of prisoners of war, and other icts not falling within Articles 104 and 106 of the Uniform Code of Military Justice and ArticIe 29 of the Hague xegulatioas.
82. Penalties for the Foregoing
Persons in the foregoing categories who have attempted, com-mitted, or conspired to commit hostile or belligerent acts are subject to the extreme penalty of death because of the danger inherent in their conduct. Lesser penalties may, however, be imposed.
83. Military Anaches and Diplomatic Representatives of Neutral States
Military attachQs and diplomatic representatives of neut.ral States who esbablish their identity as such and are accompanying an army in the field or are found within a mptured fortress, whether within the territory of the enemy or in territory occupied by it, are not held as prisoners, provided that they take no part in hostilities. They may, however, be ordered out of the theater of war, and, if necessary, handed over by the captor to the ministers of t.heir respective coun- tries. Only if they refuse to quit the theater of war may they be interned.
Section Ill. GENERAL PROTECTION OF PRISONERS OF WAR
84. Duration of Protection
a. Treuty Provision.
The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enepry
and until their final release and repatriation * * *. (BPW, art. 6; see par. 71herein.)
6. Power of the fiemy Defined. A person is considered to have fallen into the power of the enemy when he has been captured by, or surrendered to members of the military forces, the civilian police, or local civilian defense organizations or enemy civilians who have taken him into custody.
85. Killing of Prisoners
A commander may not put his prisoners to death because their presence retards his movements or diminishes his power of resistance by necessitating a large guard, or by reason of their consuming sup- plies, or because it appears certain that they will regain their liberty through the impending success of their forces. It is likewise unlawful for a commander to kill his prisoners on grounds of self-preservation, even in the case of airborne or commando operations, although the circumstances of the operation may make necessary rigorous super- vision of and restraint upon the movement of prisoners of war.
86. Special Agreements
In addition to the agreements expressly provided for in Articles ~~,23,28,33,60,65,66,67,72,73,75,109,110,11~, 119,122 and 132, the High Contracting Parties may conclude other special agree- ments for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of prisoners of war, as defined by the present Convention, nor restrict the rights which it confers upon them.
Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is appIicable to then,, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. (GPW, art. 64
87. Renunciation of Rights Prohibited
a. Treaty Provision.
Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing ArticIe, if such there be. (GPT,art. 7.)
6. Interpretation. Subject to the exception noted in paragraph 199, prisoners of war are precluded from renouncing not only their rights but also their status as prisoners of war, even if they do so voluntarily. The prohibition extends equally to prisoners renouncing their status in order to become civilians or to join the armed forces of the Detaining Power.
88. Responsibility for the Treatment of Prisoners
Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Ir-respective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When pris- oners -of war are transferred under such circumstances, respon- sibility for the application of the Convention rests on the Power accepting them while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situ- ation or shall request the return of the prisoners of war. Such requests must be complied with. (GPW,art. 18.)
89. Humane Treatment of Prisoners
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific ex- periments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, par- ticularly against acts of violence or intimidation and against in- sults and public curiosity.
Measures of reprisal against prisoners of war are prohibited. (GPW, art. 13.)
90. Respect for the Person of Prisoners
Prisoners of war are entitled in all circumstances to respect for their persons and their honour.
Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men.
Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without itsown territory, of the rights such capacity confers except in so far asthe captivity requires. (GPW,art.14.)
91. Maintenance of Prisoners
The Power detaining prisoners of war shall be bound to pro- vide free of charge for their maintenance and for the medical attention required by their state of health. (GPW, a?$. 16.)
92. Equality of Treatment
a. Treaty Provision.
Taking into consideration the provisions of the present Con- vention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. (GPW,art.16.)
6. The foregoing provision does not preclude the segregation of prisoners of war to maintain order in camps, to impose punishment, or for medical reasons. (See GPW, art. 79, 6th par.; par. 155 herein.)
Section IV. BEGINNING OF CAPTIVITY
93. Questioning of Prisoners
Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information.
If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status.
Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, further- more, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 em. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him.
No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them informa- tion of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.
Prisoners of war who, owing to their physical or mental condi- tion, are unable to state their identity, shall be handed over to the medical service. The identity of such prisoners shall be es-tablished by all possible means, subject to the provisions of the preceding paragraph.
The questioning of prisoners of war shall be carried out in a language which they understand. (GPW, art. 17.)
94. Property of Prisoners
a. Treaty Prouision.
All effects and articles of personal use, except arms, horses, military equipment and military documents, shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Ef-fects and articles used for their clothing or feeding shall like- wise remain in their possession, even if such effects and articles belong to their regulation military equipment.
At no time should prisoners of war be without identity docu- ments. The Detaining Power shall supply such documents to prisoners of war who possess none.
Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner’s request, shall be placed to the credit of the prisoner’s account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money im- pounded shall apply.
Such objects, likewise sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity. (GPW, mt. 18.)
b. Transactions With PrGoners. It is not proper for members of the forces of the Detaining Power to engage in bartering and other transactions with prisoners of war concerning their personal effects.
,. Uwxplained Possesswn of Large Sums of Money by Prisoners
of War. The unexplained possession by a prisoner of war of a large sum of money justifiably leads to the inference that such funds are not his own property and are in fact either property of the enemy govern- ment or property which has been looted or otherwise stolen.
95. Evacuation of Prisoners
Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from- a fighting zone. (GPW, art. 19.)
96. Conditions of Evacuation
The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall be as brief as possible. (GPW, art. 20,)
Section V. INTERNMENT OF PRISONERS GENERALLY
97. Restriction of Liberty of Movement
The Detaining Power may subject prisoners of war to, intern- ment. It may jmpose on them the obligation of not leaving, be- yond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Sub-ject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circum- stances which make such confinement necessary. (GPW, art. M, 1st par.)
98. Places and Conditions of Internment
Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthfulness.
Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in peni- tentiaries.
Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as soon as pos- sible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separated from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with their consent. (GPW, art. 2%)
99. Security of Prisoners
No prisoner of war may at any time be sent to, )r detained in areas where he may be exposed to the fire of tht combat zone, nor may his presence be used to render certain points or areas immune from military operations.
Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same extent as the local civilian population. With the exception of those engaged in the pro- tection of their quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giving of the alarm. Any other protective measure taken in favor of the popu- lation shall also apply to them.
Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, aH useful informa- tion regarding the geographical location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time by the letters PW or PG, placed so as to be clearly viqible from the air. The Powers concerned may, however, agree upon any other system of marking. Only prisoner of war camps shall be marked as such. (GPW, art. 23.)
100. Permanent Transit Camps
Transit or screening camps of a permanent kind shall be fitted out under conditions similar to those described in the present Section, and the prisoners therein shall have the same treatment asin other camps. (GPW, art 24.)
Section VI. QUARTERS, FWD, AND CLOTHING
101. Quarters
Prisoners of war shall be quartered under conditions as fa-vourable as those for the forces of the Detaining Power who are
billeted in the same area. The said conditions shall make allow-
ance for the habits and customs of the prisoners and shall in no
be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormi- tories of prisoners of war as regards both total surface and mini- mum cubic space, and the general installations, bedding and blankets.
The premises provided for the use of prisoners of war indi- yidually or collectively, shall be entirely protected from damp- ness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire.
Inany camps in which women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them. (GPW, art. 25.)
102. Food
The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and prevent loss of weight or the development of nutritional de- ficiencies. Account shall also be taken of the habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such additional rations as are necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
(GPW, art. 26.)
103. Clothing
Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained. Uniforms of enemy armed forces captured by the Detaining Power should, if suitable for the climate, be made avail- able to clothe prisoners of war.
The regular replacement and repair of the above articles shall be assured by the Detaining Power. In addition, prisoners of war
who work shall receive appropriate clothing, wherever the nature of the work demands. (GPW,art,$7.)
104. Canteens
Canteens shall be installed in all camps, where prisoners of war ntay procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shaIl never be in excess of local market prices.
The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall be created for this purpose. The prisoners’ representative shall have the right to collaborate in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be handed to an international welfare organization, to be employed for the benefit of prisoners of war of the same nation- ality as those who have contributed to the fund. In case of a general repatriation, such profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned; (GPW,art. 98.)
105. Cost of Quarters, Food, and Clothing
Prisoners, including officers, are furnished quarters, food, and clothing without cost to them.
Section VII. HYGIENE AND MEDICAL ATTENTION
106. Hygiene
The Detaining Power shall be bound to take all sanitary meas- ures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, con- veniences which conform to the rules of hygiene and are main- tained in a constant state of cleanliness. In any camps in which women prisoners of war are accommodated, separate conven- iences shall be provided for them.
Also, apart from the baths and showers with which the camps shall be furnished, prisoners of war shall be provided with suf- ficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose. (GPW,art. fZ9,)
107. Medical Attention
Every camp shall have an adequate infirmary where prisoners of war may have the attention they require, aswell asappropriate diet. Isolation wards shall, if necessary, be set aside for cases of contagious or mental disease.
prisoners of war suffering from serious disease, or whose con-
I
dition necessitates special treatment, a surgical operation or hos- pital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their rehabilitation, pending repatriation. Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality. Prisoners of war may not be prevented from presenting them- selves to the m,edical authorities for examination. The detaining authorities shall, upon request, issue to every prisoner who has undergone treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency. The costs of treatment, inciuding those of any apparatus neces- sary for the maintenance of prisoners of war in good health, par- ticularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power. (GPIV,art. 30.)
I 108. Medical Inspections Medical inspections of prisoners of war shall be held at least once a month. They shall include the checking and the recording of the weight of each prisoner of war. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, es- pecially tuberculosis, malaria and venereal disease. For this purpose the most efficient methods available shall be employed,
e. g., periodic mass miniature radiography for the early detection of tuberculosis. (GPW,art. 31.)
109. Prisoners Engaged on Medical Duties
Prisoners of war who, though not attached to the medical serv-ice of their armed forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise their m(edica1 functions in the interests of prisoners of war dependent on the same Power. In that case they shall con- tinue to be prisoners of war, but shall receive the same treatment as corresponding medical personnel retained by the Detaining Power. They shall be exempted from any other work under Ar- ticle 49. (GPW, art. 32.)
Section VIII. RELIGIOUS, INTELLECTUAL, AND PHYSICAL ACTIVITIES
110. Religious Freedoms
Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with th’e disciplinary routine prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held. (GPTV,urt. 34.)
1 1 1. Retained Chaplains
Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in ac-cordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing pris- oners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical- authorities in the country of detention and with international religious organizations, Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71. (GPW, art. 35.)
112. Prisoners Who Are Ministers of Religion
Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Retaining Power. They shall not be obliged to do any other work. (GPW, art. 36.)
113. Prisoners Without a Minister of Their Religion
When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisonersy or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed, at the request of the prisoners concerned, to fill this oflice. This appointment, sub- ject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious
I

authorities of the same faith. The person thus appointed shall with all regulations established by the Detaining Power in the interests of discipline and military security. (GPW,art. 37.)
114. Recreation, Study, Sports, and Games
While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including sports and games, and for being out of doors. Sufficient open spaces shall be provided for this putpose in all camps. (GPW,art. 38.)
Section IX. DISCIPLINE
115. Administration
Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned 6fficer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his gov- ernment, for its application.
Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces.
Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must however, salute the camp commander regardless of his rank. (GPTV,art. 39.)
1 16. Badges and Decorations
The wearing of badges of rank and nationality, as well as of decorations, shall be permitted. (GPW, art. JO*)
117. Posting of the Convention and of Regulations and Orders Con- cerning Prisoners
In ever; camp the text of the present Convention and its An-nexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners’ own language, in places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted.
Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them
–
in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners’ representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand.
(GPW,art. 41.)
118. Use of Weapons
The use of weapons against prisaners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. (GPW,art. 43.)
Section X. RANK OF PRISONERS OF WAR
119. Notification of Ranks
Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and ranks of all the persons mentioned in Article 4 of the present Convention, in order to en- sure equality of,treatment between prisoners of equivalent rank. Titles and ranks which are subsequently created shall form the subject of similar communications.
The Detaining Power shall recognize promotions in rank which haye been accorded to prisoners of war and which have been duly notified by the Power on which these prisoners depend. (GPW,
art. 43.)
120. Treatment of Ofiicers
Officers and prisoners of equivalent status shall be treated with regard due to their rank and age.
In order to ensure service in officers’ camps, other ranks of the same armed forces who, as far as possible, speak the same lan- guage, shall be assigned in suficient numbers, account being taken of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to perform any other work.
Supervision of the mess by the officers themselves shall be facilitated in every way. (GPW,art. 44.)
121. Treatment of Other Prisoners
Prisoners of war other than officers and prisoners of equivalent status shall be treated with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be facilitated in every way. (GPW,art. @J)
Section XI. TRANSFER OF PRISONERS OF WAR
1 122. Conditions
The Detaining Power, when deciding upon the transfer of pris- oners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation.
The transfer of prisoners of war shall always be effected hu- manely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Ac-count shall always be taken of the elimatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during trans- fer with sufacient food and drinking water to keep them in good health, likewise the necessary clothing, shelter and medical at-tention. The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure their safety during transfer, and shall draw up a complete list of all transferred prisoners before their departure. (GPW, art. 46.)
123. Circumstances Precluding Transfer
Sick or wounded prisoners of war shall not be transferred asI long as their recovery may be endangered by the journey, unless their safety imperatively demands it.
If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred. (GPW, art. 47.)
124. Procedure for Transfer
In the event of transfer, prisoners of war shall be officially ad- vised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case be more than twenty-five kilograms [55 pounds] per head.
Mail and parcels addressed to their former camp shall be for- warded to them without delay. The camp commander shall take, in agreement with the prisoners’ representative, any measures needed to ensure the transport of the prisoners’ community prop- erty and of the luggage they are unable to take with them in con- sequence of restrictions imposed by virtue of the second para- graph of this Article.
The costs of transfers shall be borne by the Detaining Power. (GPW,art. 48.)
Section XII. LABOR OF PRISONERS OF WAR
125. General
The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to main- taining them in a good state of physical and mental health.
Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them.
If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. (GPW,art. @.)
126. Authorized Work
Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:
(a)
agriculture;

(b)
industries connected with the proauction or the extrac- tion of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose;

(d)
commercial business, and arts and crafts;

(e)
domestic service;

(f)
public utility services having no military character or purpose.

Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. (GPW, art. 50.)
127. Working Conditions
Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equip- ment; such lconditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in which such prisoners are em- ployed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationaIs of the Detaining Power. Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run by these civilian workers.
Conditions of labour shall in no case be rendered more arduous by disciplinary measures. (GPW,art. 61.)
128. Dangerous or Humiliating Labor
Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would be looked upon as humilitating for a member of the Detaining Power’s own forces.
The removal of mines or similar devices shall be considered as dangerous labour. (GPW,art. 53.)
129. Duration of Labor
The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the dis- trict, who are nationals of the Detaining Power and employed on the same work.
Prisoners of war must be allowed, in the middle of the day’s work, arest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall bs allowed in addi- tion a rest of twenty-four consecutive hours every week, pref- erably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him.
If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby. (GPW,art. 53.)
130. Working Pay and Occupational Accidents and Disease
The working pay due to prisoners of war shall be fixed in ac- cordance with the provisions of Article 62 of the present Convention.
Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or in consequence of their work, shall receive all the care their condition may re- quire. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123. (GPW,art. 54.)
131. Medical Supervision
The fitness of prisoners of war for work shall be periodically verified by medical examinations at least once a month. The examinations shall have particular regard to the nature of the work which prisoners of war are required to do.
If any prisoner of war considers himself incapable of working, he shall be permitted to appear before the medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. (GPW,art. 65.)
132. Labor Detachments
The organization and administration of labour detachments shall be similar to those of prisoner of war camps.
Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the commander of the said camp shall be respon- sible, under the direction of their government, for the observance of the provisions of the present Convention in labour detachments.
The camp commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communi cate it to the delegates of the Protecting Power, of the Interna- tional Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. (GPW, art. 56.)
133. Prisoners Working for Private Employers
The treatment of prisoners of war who work for private per- sons, even if the latter are responsible for guarding and protect- ing them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authori- ties and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care,
treatment, and payment of the working pay of such prisoners of war.
Such prisoners of war shall have the right to remain in corn- rnunication with the prisoners’ representatives in the camps on which they depend. (GPV,art. 57.)
Section XIII. FINANCIAL RESOURCES OF PRISONERS OF WAR
134. Ready Money
Upon the outbreak sf hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent.
If prisoners of war are permitted to purchase services or com- modities outside the camp against payment in cash, such payments shall be made by the prisoner himself or by the camp adminis- tration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect. (GPW,art. 58.)
135. Amounts in Cash Taken From Prisoners
Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present Section.
The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts. (GPW,art. 59.)
136. Advances of Pay
The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be fixed by conversion, into the currency of the said Power, of the following amounts:
Category I :Prisoners ranking below sergeants: eight
Swiss francs.
Category I1 :Sergeants and other non-commissioned of-
ficers, or prisoners of equivalent rank :twelve
Swiss francs.
Category I11 :Warrant officers and commissioned officers be-
low the rank of major or prisoners of equiv-
alent rank: fifty Swiss francs.
Category IV :Majors, lieutenant-colonels, colonels, or pris-
oners of equivalent rank: sixty Swiss francs.
Category V :General officers or prisoners of war of equiv-
alent rank: seventy-five Swiss francs.
However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detain- ing Power’s armed forces or would, for any reason, seriously em- barrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power:
(a)
shall continue to credit the accounts of the prisoners with the amounts indicated in the first paragraph above;

(b)
may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I,shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces.

The reasons for any limitations will be given without delay to the Protecting Power. (GPW,art. 60.)
137. Supplementary Pay
The Detaining Power shall accept for distribution as supple-mentary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same far each prisoner of the same category, shall be payable to all prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the pro- visions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. (GPW,art. 61.)
138. Working Pay
Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades.
The working pay of the prisoners’ representative, of his ad- visers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners’ representative and appro-fed by the camp commander. If there is no such fund, the detaining au- thorities shall pay these prisoners a fair working rate of pay. (GPW,art. 62.)
139. Transfer of Funds
Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively.
Every prisoner of war shall have at his disposal the credit bal- ance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards asewsential, pris- oners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority.
In any event, and subject to the consent of the Power on which they depend, prisoners may have payments made in their own country, as follows: the Detaining Power shalksend to the afore- said Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power’s currency. The said noti- fication shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the pris-oners’ account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the pris- oners depend.
To apply the foregoing provisions, the Detaining Poser may usefully consult the Model Regulations in Annex V of the present Convention. (GPW, art. 63.)
140. Pn’soners’ Accounts
The Detaining Power shalt hold an account for each prisoner of war, showing at least the following:
(1)The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any
other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power.
(2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sum transferred under Article 63, third paragraph. (GPW,art. 64.)
141. Management of Prisoners’ Accounts
Every item entered into the account of a prisoner of war shall be countersigned or initialled by him, or by the prisoners’ repre- sentative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp.
When prisbners of war are transferred from one camp to an- other, their personal accounts will follow them. In case of trans- fer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. (GPW, art. 65.)
142. Winding Up of Accounts
On the termination of captivity, through the release of a pris-oner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Powzr, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the gov- ernment upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorized repre- sentative of the Detaining Power.
Any of the above provisions of this Article may be varied by mutual agreement between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be re- sponsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. (GPW, art. 66.)
143. Adjustments Between Parties to the Conflict
Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the Power on which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrange- ments between the Powers concerned, at the close of hostilities. (GPW, art. 67.)
144. Claims for Compensation
Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protect- ing Power. In accordance with Article 54, the Detaining Power will,. in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the cir- cumstances in which it arose and particulars of medical or hos- pital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical par- ticulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the De- taining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the De- taining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central prisoner^ of War Agency provided for in Article 123. (GPW, art. 68.)
Section XIV. RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
145. Notification of Measures Taken
Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. (GPW, mt. 69.)
$
146. Capture Card
Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or to another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. (GPW, art. YO.)
147. Correspondence
Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power’s in-ability to find sufficient qualified linguists to carry out the neces- sary censorship. If limitations must be placed on the correspond- ence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be con- veyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war’s accounts with the Detaining Power or paid in the cur- rency at their disposal. They shall likewise benefit by this meas- ure in cases of urgency.
As a general rule, the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed and labeled so as clearly to indicate their contents, and must be addressed to offices of destination. (GYW,art. 71.)
148. Relief Shipments
Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments contain- ing, in particular, foodstuffs, clothing, medical supplies and arti-cles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scien- tific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and col- lective relief shall, if necessary, be the subject of special agree- ments between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may
not be included in parcels of clothing and foodstuffs. supplies shall, as a rule, be sent in collective parcels. urt.7.2.) Medical (GPW,
149. Special Agreements for Collective Relief Shipments

In the absence of special agreements between the Powers con- cerned on the conditions for the receipt and distribution of col- lective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Cornen- tion, shall be applied.
The special agreements referred to above shall in no case restrict the right of prisoners’ representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners.
Nor shall such agreements restrict the right of representatives of the Protecting Power, the International Committee of the Red Cross or any other organization giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. (GPW,art. 73.)
150. Exemption From Postal and Transporl Charges
a. T~eaty Proshion. All relief shipments for prisoners of war shall be exempt from import, customs and other dues.
Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post ofice, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and in intermediate countries.
If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention shall bear the cost of transport in iAeir respective territories.
In the absence of special agreement. between the Parties con- cerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so fa^ as possible, the rates charged for telegrams sent by prisoners of war, OF addressed to them. (GPW, art. 74.)
6. The Universal Postal Convention provides that correspondence, parcel post, insured letters and boxes and postal money orders ad- dressed to, or sent by, prisoners of war and interned civilians are exempt from postal charges. (Article 37, Universal Postal Conven- tion of 1952, T. I.A. 8.$800.)
To enjoy these franking privileges the article must bear the nota- tion “Se.rvice des prisonniers de guerre” (Prisoners of War Service) or “~S’ervice des internes” (Internees Service) which may be followed by a translation.
151. Special Means of Transport
Should military operations prevent the Powers concerned from fulfilling their obligation to assure the transport of the ship- ments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake to ensure the conveyance of such ship- ments by suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
(a)
correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 123 and the National Bureaux referred to in Article 122;

(b)
correspondence and reports relating to prisoners of war which the Protecting Powers, the International Com- mittee of the Red Cross or any other body assisting the prisoners, exchange either with their own delegates or with the Parties to the conflict.

These provisions in no way detract from the right of any Party lo the conflict to arrange other means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutu- ally agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the use of such means of transport shall be borne proportionately by the Parties to the conflict whose nationals are benefited thereby.
(GPW,art. 75.)
152. Censorship and Examination
The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each.
The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. (GPW, art. 76.)
153. Preparation, Execution, and Transmission of Legal Documents
The Detaining Powers shall provide all facilities for the trans- mission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123, of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. (GPW,art. 77.)
Section XV. RELATIONS OF PRISONERS OF WAR AND THE AUTHORITIES
154. Complaints and Requests
Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests re- garding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners’ representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity.
These requests and complaints shall not be limited nor con- sidered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, they may not give rise to any punishment.
Prisoners’ representatives may send periodic reports on th~ situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers. (GPW, art. 78.)
155. Election of Prisoners1 Representatives
In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners’ representatives entrusted with representing them before the mili- tary authorities, the Protecting Powers, the International Com- mittee of the Red Cross and any ether organization which may assist them. These prisoners’ representatives shall be eligible for re-electicn.
In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognized as the camp prisoners’ representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chose11 from among the prisoners of war who are not officers and shall be elected by them.
Officer prisoners of war of the same nationality shall be sta- tioned in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the pris- oners of war are responsible. These officers may be elected as prisoners’ representatives under the first paragraph of this Arti- cle. In such a case the assistants to the prisoners’ representa- tives shall be chosen from among those prisoners of war who are not officers.
Every representative elected must be approved by the Detainin.., Power before he has the right to commence his duties. Where
the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal.
In all cases the prisoners’ representative must have the =me nationality, language and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners’ repre- sentative, in accordance with the foregoing paragraphs. (GPW, art. 7’9.)
156. Duties of Prisoners’ Representatives
a. Treaty Prowision.
Prisoners’ representatives shall further the physical, spiritual and intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organization will be within the province of the prisoners’ representative, in addi- tion to the special duties entrusted to him by other provisions of the present Convention.
Prisoners’ representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. (GPW, art. 80.)
6. Rights and Duties. The rights and duties of prisoners’ repre- sentatives are set forth in the following articles of GPW: 57 (par. 133);78-81 (pars. 156157) ;98 (par. 174) ;104 (par. 180) ;107 (par. 183);125 (par. 206) ;and 127 (par. 14).
157. Prerogatives of Prisoners’ Represenfatives
Prisoners’ representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult.
Prisoners’ representatives may appoint from amongst the pris- oners such assistants as they may require. All material facilities shall be granted them, particularly a certain freedom of move- ment necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.).
Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners’ representative.
All facilities shall likewise be accorded to the prisoners’ repre- sentatives for communication by post and telegraph with the de- taining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medi-cal Commissions and the bodies which give assistance to prisoners of war. Prisoners’ representatives of labour detachments shall enjoy the same facilities for communication with the prisoners’ representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71.
Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs.
In case of dismissal, the reasons therefor shall be communi- cated to the Protecting Power. (GPW, art. 81.)
Section XVI. PENAL AND DISCIPLINARY SANCTIONS
158. Applicable Legislation
a. Prisoners of War.
A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or dis- ciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. How-ever, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable ff committed by a member of the forces of the Detaining Power, such acts shall en- tail disciplinary punishments only. (GPW,art. 82.)
6. Retained Medical Personnel, Chaplains, a~zd Persons of Like Status. Retained medical personnel, chaplains, and persons of like status benefit from the disciplinary and penal safeguards prescribed by Articles 82-108, GPTV (pars. 158-184).
159. Choice of Disciplinary or Judicial Proceeding
In deciding whether proceedings in respect of an offence al-leged to have been committed by aprisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the com- petent authorities exercise the greatest leniency and adopt, wher- ever possible, disciplinary rather than judicial measures. (GPW, art. 83.)
160. Courts
A prisoner of war shall be tried only by a military court, unless existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guaran-
tees of independence and impartiality as generally recognized,
I and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article
105. (GPW, art. 84.)
161. Acts Committed Before Capture
a. Treaty Provision.
Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. (GPW, art. 86.)
6.
Applicability. The foregoing provision applies only to person-nel who are entitled to treatment as prisoners of war, including pris- oners accused of war crimes under international or national law.

c.
In signing and ratifying GPW several nations indicated that they would not consider themselves bound by the obligation which follows from the foregoing provision to extend the application of the Convention to prisoners of war who have been convicted of having committed war crimes and crimes against humanity and that per- sons so convicted would be subject to the conditiens obtaining in the country in question for those who undergo punishment.

162. Repetition of Punishment
No prisoner of war may be punished more than once for the I same act or on the same charge. (GPW, art. 86.)
163. Penalties
a. Treaty Provisirm.
Prisoners of war may not be sentenced by the military authori- ties and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts.
When fixing the penalty, the courts or adthorities of the De- taining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent sf his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the pris- oner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed.
Collective punishment for individual acts, corporal punish-
ment, imprisonment in premises without daylight and, in general,
any form of torture or cruelty, are forbidden. ,No prisoner of war may be deprived of his rank by the Detaining
1 Power, or prevented from wearing his badges. (GPW, wt. 87.)
b. Persons to Whom Applicable. The foregoing provision applies
only to personnel who are entitled to treatment as prisoners of war, including prisoners accused of mar crimes.
164. Execution of Penalties
Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punish- ment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sen- tenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial sen- tenees may not be treated differently from other prisoners of war. (GPW, art. 88.)
165. Forms of Disciplinary Punishment
The disciplinary punishments applicable to prisoners of war are the following :
(1)A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days.
(2)
Discontinuance of privileges granted over and above the treatment provided for by the present Convention.

(3)
Fatigue duties not exceeding two hours daily.

(4)
Confinement. The punishment referred to under (3) shall not be applied to officers.

In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war. (GPW, art. 89,)
166. Duration of Disciplinary Punishment
The duration of any single punishment shall in no case exceed thirty days. Any peiiod of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be ex- ceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not.
The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary pun- ishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more. (GPW,art.90.)
167. Successful Escape
The escape of a prisoner of war shall be deemed to have suc- ceeded when:
(1)he has joined the armed forces of the Power on which he depends, or those of an allied Power;
(2)
he has left the territory under the control of the De- taining Power, or of an ally of the said Power;

(3)
he has joined a ship flying the flag of the Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power.

Prisoners of war who have made good their escape in the sense of this Article and who are recaptured, shall not be liable to any punishment in respect of their previous escape. (BPW,art. 9ld)l
168. Unsuccessful Escape
A prisoner sf war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over with- out delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be sub- jected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safe- guards granted them by the present Convention. (GPW,art. 92.)
169. Connected Offenses
Escape or attempt to escape, even if it :-a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of fa- cilitating their escape and which do not entail any violence
against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. (GPW,art. 93.)
170. Notification of Recapture
If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defined in Article 122, provided notification of his escape has been made.

(GPW,art. 94.)
171. Confinement Awaiting Hearing
A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting the disposal of an offense against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. (GPW,art. 95.)
172. Competent Authorities and Right of Defense
a. Treaty Provision.
Acts which constitute offences against discipline shall be in-vestigated immediately.
Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom, he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners’ representative.
1
I
I
A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by repre- sentatives of the Protecting Power. (GPW,art. 96.)
6. Oficers Ezercising Disciplinury Jurisdiction. Either a camp commander, or a responsible officer who replaces him, or an officer to whom he has delegated disciplinary powers may impose disciplinary punishments on prisoners of war interned by the United States within the permissible limits established in Article 89, GPW (par. 165). It is not necessary that he be designated as summary court officer, and he is not subject to the limitations on the duration of commanding officers’ nonjudicial punisl~ment established by Article 15of the Uniform Code of Military Justice.
173. Premises for Execution of Punishment
Prisoners of war shall not in any case be transferred to peni-
tentiary establishments (prisons, penitentiaries, convict prisons,
etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone
shall conform to the sanitary requirements set forth in Article 25.
A prisoner of war undergoing punishment shall be enabled to
keep himself in a state of cleanliness, in conformity with Article
29. Oiiicers and persons of equivalent status shall not be lodged in the same quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from male prisoners of war and shall be under the immediate supervision of women. (QPW, art. 97.)
174. Essential Safeguards During Punishment
A prisoner of war undergoing confinement as a disciplinary
punishment, shall continue to enjoy the benefits of the provisions
of this Convention except in so far as these are necessarily ren-
dered inapplicable by the mere fact that he is confined. In no
case may he be deprived of the benefits of the provisions of
Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not
be deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall Be al-
lowed to exercise and to stay in the open air at least two hours
daily.
They shall be allowed, on their request, to be present at the
daily medical inspections. They shall receive the attention which
their state of health requires and, if necessary, shall be removed
to the camp infirmary or to a hospital.
–
They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money however, may be withheld from them until the completion of the punish- ment; they shall meanwhile be entrusted to the prisoners’ repre- sentative, who will hand over to the infirmary the perishable goods contained in such parcels. (GPW,art. 98.)
175. Judicial Proceedings: General Principles
No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by inter- national law, in force at the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused.
No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a quali- fied advocate or counsel. (GPW,art. 99.)
176, Death Penalty
Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which ark punishable by the death’ sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he isnot bound to it by any duty of allegiance, and that he is in its power as the *result of circumstances independent of his own will.
(GPW,art. 100.)
177. Delay in Execution of the Death Penalty
If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. (GPW,art. 101.)
178. Conditions for Validity of Sentence
a. Treaty Provision.
A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the pres- ent Chapter have been observed. (GPW,art. 103.)
6. Ifitec~pretathPrisoners of war, including tho% accused of war crimes against whom judiciaI proceedings are instituted, are sub-ject to the jurisdiction of United States courts-martial and military
commissions. They are entitled to the same procedural safeguards
accorded to military personnel of the United States who are tried by
courts-martial under the Uniform Code of Military Justice or by
other military tribunals under the laws of war. (See UCiKJ, arts.
8 (9),18,and $1.)
179. Confinement Awaiting Trial
Judicial investiga-s relating to a prisoner of war shall be
conducted as rapidly as circumstances permit and so that his trial
shall take place as soon as possible. A prisoner of war shall not
be confined while awaiting trial unless a member of the armed
forces of the Detaining Power would be so confined if he were
accused of a similar offence, or if it is essential to do so in the
interests of national security. In no circumstances shall this
confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting
trial shall be deducted from any sentence of impri.sonment passed
upon him and taken into account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial. (GPW, art. 103.)
180. Notiff cation of Proceedings
In any case in which the Detaining Power has Pecided to in-stitute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power.
The said notification shall contain the following information:
(1)
Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any;

(2)
Place of internment or confinement ;

(3)
Specification of the charge or charges on which the pris- oner of war is to be arraigned, giving the legal provisions applicable;

If no evidence is submitted, at the opening of a trial, that the notification referred to above was received by the Protecting
Power, by the prisoner of war and by the prisoners’ representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned.
(GPW,art.104 )
181. Rights and Means of Defense
The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own e4oice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or coun- sel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence.
The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the neces- sary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are gen- erally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be com- municated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. (GPW,art. 106.)
182. Appeals
Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right
of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. (GPW,art. 106.)
183. Notification of Finding and Sentence Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communica- tion shall likewise be sent to the prisonersy representative con- cerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately com- municate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Forthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Pbwer shall as soon as possible
address to the Protecting Power a detailed communication containing :
(1)
the precise wording of the finding and sentence;

(2)
a summarized report of any preliminary investigation and of the trial, emphasizing in particular the elements of the prosecution and the defence ;

(3)
notification, where applicable, of the establishment where the sentence will be served.

The communications provided for in the foregoing sub-paragraphs shall be sent tothe Protecting Power at the address previously made known to the Detaining Power. (GPW,apt. 107.)
184. Execution of Penalties Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establish- ments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. In any case, prisoners of war sentenced to a penalty depriving
them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore,
they shall be entitled to receive and despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance. with the provisions of Article 87, third paragraph. (GPW, art* 108.)
Section XVII. TERMINATION 06 CAPTIVITY
185. Parole Permitted If Laws of Their Country.Allow
a. Treaty Prowision.
Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by the laws of the Power on which they depend. Such measures shall be taken particularly in cases where this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to accept liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the laws and regulations allowing or forbidding its own nationals to accept liberty on parole or promise. Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so notified, are bound on their personal honour scrupulously to fulfil, both towards the Power on which they depend and towards the Power which has captured them, the engagements of their paroles or promises. In such cases, the Power on which they depend is bound neither to require nor to accept from them any service incompatible with the parole or promise given. (GPW, art. $1,2d and 3d pars.)
b. Violation of Parole. Persons who violate the terms of their paroles are, upon recapture, treated as prisoners of war but may be punished under the provisions of Article 134 of the Uniform Code of Military Justice for violation of parole.
186. Form and Substance of Parole
The parole should be in writing and signed by the prisoner. It should state in clear and unequivocal language exactly what acts the prisoner is obligated not to do, particularly as to whether he is bound to refrain from all acts against the captor or only from taking part directly in military operations.
187. Parole of United States Personnel
a Genera2 Prohibition. Subject to the exception set forth in the following subparagraph, military personnel of the United States Army are forbidden to give their parole to a Detaining Power.
6. Temporary Parole. A member of the United States Army may be authorized to give his parole to the enemy that he will not attempt to escape, if snch parole is authorized for the specifk pnrpose of per- mitting him to perform certain acts materially contributing to the
of himself or of his fellow prisoners. Such authorization will extend only for such a short period of time as is reasonably necessary for ‘the performance of snch acts and will not normally be pnted solely to provide respite from the routine rigors of confine- ment or for other purely personal relief. A parole of this nature may be authorized, for example, to permit a prisoner to visit a medical establishment for treatment or to anow a medical oficer or chaplain to carry out his normal duties. A member of the United States Army may give a parole of this nature only when specifically authorized to do so by the senior officer or non-commissioned officer exercising command authority.
188. Direct Repatriation and Accommodation in Neutral Countries of Wounded and Sick
Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound tosend back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the fol- lowing Artide.
Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the cooperation of the neutraI Powers con- cerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may, in addition, concIude agreements with a view to the direct repatria- tion or internment in a neutral country of able-bodied prisoners of war who have undergone a long period of captivity.
No sick or injured prisoner of warwho is eligible for repatria- tion under the first paragraph of this Article, may be repatriated against his will during hostilities. (GPW, art. 108.)
189. Cases of Repatriation and Accommodation
The folIowing shall be repatriated direct:
(1)
Incurably wounded and sick whose mentaI or physica1 fitness seems to have been gravely diminished.

(2)
Wounded and sick who, according to medical opinion, are not likely to recover within one year, whwe condition requires treatment and whose mental or physical fitness

,seems to have beengravely diminished.

(3)
Wounded and sick who have recovered, but whosemental or physical fitness seems to have been gravely and perma-nently d’ ‘ ‘ hed.

The following may be accommodated in a neutral country:
(1)
Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prespects of a more certain and speedy recovery.

(2)
Prisoners of war whose mental or physical health, ac-cording to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat.

The conditions which prisoners of war accommodated in a neutral country must fulfill in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated :
(1)
Those whose state of health has deteriorated so as to ful- fil the conditions laid down for direct repatriation;

(2)
Those whose mental or physical powers remain, even after treatment, considerably impaired.

If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations con- cerning Mixed Medical Commissions annexed to the present Convention. (GPW,art. 110).
190. Internment in a Neutral Country
The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities. (GPW,art. IN.)
191. Mixed Medical Commissions
Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The ap- pointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention.
However, prisoners of war who, in the opinion of the medicaI authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission. (GPW,art. 119.)
192. Prisoners Entitled to Examination by Mixed Medical Commissions
Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick prisoners Q£ war belonging to the categories listed below shaH be entitled to present them- selves for examination by the Mixed Medical Commissions pro- vided for in the foregoing Article :
(1)
Wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a Party to the conflict allied with the Power on which the said prisoners depend, and who exereises his functions in the camp.

(2)
Wounded and sick proposed by their prisoners’ repre-sentative.

(3)
Wounded and sick proposed by the Power on which they depend, or by an organization duly recognized by the said Power and giving assistance to the prisoners

Prisoners of war who do not belong to one of the three fore- going categories may neverthless present themselves for exami-nation by Mixed Medical Commissions, but shall be examined only after those belonging to the said categories.
The physician or surgeon of the same nationality as the prison- ers who present themselves for examination by the Mixed Medical Commission, likewise the prisoners’ representative of the said prisoners, shall have permission to be present at the examination

(GPW,art.113.)
193. Prisoners Meeting With Accidents
Prisoners of war who meet with accidents shall, unless the in-jury is self-inflicted, have the benefit of the provisions of this Convention asregards repatriation or accommodation in aneutral country. (GPW,art. 118.)
194. Prisoners Serving a Sentence
No prisoner of waron whom a disciplinary punishment has been imposed and whoiseligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment.
Prisoners of war detained in connection with a judicial prose- cution or conviction and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents.
Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceed- ings or the completion of the punishment. (GPW, art. 115.)
195. Costs of Repatriation
The cost of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend. (GPW, art. 116.)
196. Activity After Repatriation
a. Treaty Provision.
No repatriated person may be employed on active military service. (GPW, art. 117.)
6. Interpretation. The foregoing applies only to persons repatri- ated under Articles 109 through 116, GPW (pars. 188-195), by reasons of wounds or sickness. Although it is not possible to frame any comprehensive rule concerning what constitutes “active military service,” Article 117 does not preclude a repatriated person from performing medical or strictly administrative duties but does fore- close service in combat against the power formerly detaining the individual or an ally thereof.
197. Exchange of Prisoners of War
Exchange of prisoners of war, other than those whose repatriation is required by GPW, may be effected by agreement between the bel- ligerents. No belligerent is obliged to exchange prisoners of war, except if a general cartel requiring such exchange has been concluded. The conditions for exchange are as prescribed by the parties thereto, and exchanges need not necessarily be on the basis of number for number or rank for rank. (See par. 469.)
198. Release and Repatriation qt Close of Hostilities
Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.
In the absence of stipulations to the above effect in any agree- ment concluded between the Parties to the conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the prisoners of war. The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the
Power on which the prisoners depend. This apportionment shall be carried out on the following basis:
(a)
If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of repatria- tion from the frontiers of the Detaining Power.

(b)
If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties con- cerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circum-stances justify any delay in the repatriation of the prisoners of war. (GPW, art. 118.)

199. Asylum
A Detaining Power may, in its discretion, lawfully grant asylum to prisoners of mar who do not desire to be repatriated.
200. Details of Procedure Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to those of the following paragraphs. On repatriation, any articles of value impounded from prisoners of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power, shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 122. Prisoners of war shall be allowed to take with them their per- sonal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases be author- ized to carry at least twenty-five kilograms [55 pounds]. The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of transport and the pay-
ment of the costs involved, with the Power on which the prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence.
Parties to the conflict shall communicate to each other the names of any prisoners of war who are detained until the end of the proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions shdl be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay. (GPW, art 119.)
201. Death
Wills of prisoners of war shall be drawn up so asto satisfy the conditions of validity required by the legislation of their coun- try of origin, which will take steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency.
Death certificates, in the form annexed to the present Con- vention, or lists certified by a responsible officer, of a11 persons who die as prisoners of war shall be forwarded as rapidIy as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or cer- tified Iists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shalI be preceded by a medical examination of the body with a view to confirming death and enabling a report to be made and, where necessary, establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in captivity are honourably buried, if possible accord- ing to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shaIl be interred in the same pIace.
Deceased prisoners of war shall be buried in individual graves unIess unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on accoudt of the religion of the deceased or in ac-
cordan~ewith his express wish to this effect. In case of crema-
tion, the fact shall be stated and the reasons given in the death
certificate of the deceased.
In order that graves may always be found, all particulars of
burials and graves shall be recorded with a Graves Registration
Service established by the Detaining Power. Lists of graves and
particulars of the prisoners of war interred in cemeteries and
elsewhere shall be transmitted to the Power on which such pris-
oners of war depended. Responsibility for the care of these
graves and for records of any subsequent moves of the bodies
shall rest on the Power controlling the territory, if a Party to
the present Convention. These provisions shall also apply to the
ashes, which shall be kept by the Graves Registration Service
until proper disposal thereof in accordance with the wishes of the
home country. (GPW,art.190.)
202. Prisoners Killed or Injured in Special Circumstances
Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible. (GPW,art. 121.)
Section XVIII. INFORMATION BUREAUS AND RELIEF SOCIETIES FOR PRISONERS OF WAR
203. National Bureaus
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Infor- mation Bureau for prisoners of war who are in its power. Neu-tral or non-belligerent Powers who may have received within their territory persons belonging to one of the categories referred to in Article 4, shall take the same action with respect to such persons; The Power concerned shall ensure that the Prisoners of War Information Bureau isprovided with the necessary accom- modation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present Con- vention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belliger- ent Powers shall take the same action with regard to persons belonging to such categories whom they have received within their territory.
The Bureau shall immediately forward suck information by the most rapid means to the Powers concerned, through the intermediary of the Protecting Powers and likewise of the Central Agency provided for in Article 123.
This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall indude, in so far as available to the In- formation Bureau, in respect of each prisoner of war, his surname, firstnames, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various depart- ments concerned information regarding transfers, releases, re- patriations, escapes, admissions to hospital, and deaths, and shall
‘
transmit such information in the manner described in the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be suppIied regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries neces- sary to obtain the information which is asked for if this is not in its possession.
All written commnnications made by the Bureau shall be authenticated by a signature or a seal.
The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of im- portance to the next of kin, Ieft by prisoners of war who have been repatriated or reIeased, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned. (GPW, art. 122.)
204. Central Agency
A Central Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency.
The function of the Agency shall be to collect all ihe informa- tion it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are re- quested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Com- mittee of the Red Cross, or of the relief societies provided for in Article 125. (GPW,art. 123.)
205. Exemption From Charges
The national Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the exemp- tions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. (GPW,art. 124.)
@
206. Relief Societies and Other Organizations
Subject to the measures which the Detaining Powers may con- sider essential to ensure their security or to meet any other rea- sonable need, the representatives of religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prison- ers, for distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure time within the camps. Such societies or organizations may be constituted in the territory of the Detaining Power or in any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their ac- tivities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective opera- tion of adequate relief to all prisoners of war.
The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times.
As soon as relief supplies or material intended for the above- mentioned purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoners’ representative, shall be forwarded to the relief society or organization making the shipment. At the same time, receipts for these consignments shall be supplied by the administrative authorities responsible for guarding the prisoners. (GPW,art. 126.)
207. Supervision
Representatives or delegates of the Protecting Powers shall have permission to go to all places where prisoners of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners’ representatives, without witnesses, either personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure.
The Detaining Power and the Power on which’the said prisoners of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detain- ing the prisoners of war to be visited. (GPW, art. 126.)
CHAPTER 4
THE WOUND6D AND SICK
Section I. GENERAL PROVISIONS
208. Protected Persons
a. Prisoners of War. GWS applies to the wounded and sick be- longing to the categories of persons listed in paragraph A of Article 4, GPW; paragraph 61 herein (GWS, art. 13).
6. Otbr Persons. Wounded and sick persons who are in the hands of the enemy but who are not prisoners of war benefit from those pro- visions of GC pertaining to the treatment and protection of the wounded and sick.
209. Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea
a. EospitaZShips. Military hospital ships, which are to be marked in the manner specified by Article 43, GWS Sea, may in no circum- stances be attacked and captured but must be respected and protected, provided their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed. (GWS Sea, art. 22.) Any hospital ship in a port which falls into the hands of the enemy is to be authorized to leave the port. (GWS Sea, art. 29.)
b. Treaty Provision.
Hospital ships entitled to the protection of the Geneva Conven- tion for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, shall not be attacked from the land. (GWS, art. 20.)
c.
Coastal Rescue Craft. Small craft employed by s State or by the officially recognized lifeboat institutions for coastal rescue opera- tions are to be respected and protected, so far as operational require- ments permit. (GWS Sea, art. a7.)

d.
Retained Personnel and Wounded and Sick Put Ashore. The religious, medical, and hospital personnel of hospital ships retained to care for the wounded and sick are on landing subject to GWS. (GWS Sea, art. 37.) Other forces put ashore become subject to G WS. (G WS Sea, art. 4.)

210. Application by Neutral Powers
Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personneI and to chaplains of the armed forces of
the Parties to the conflict, received or interned in their territory, as well as to dead persons found. (GWS,art. 4.)
21 1. Duration of Application
For the protected persons who have fallen into the hands of the enemy, the present convention shall apply until their final repa- triation. (GIVS,art. 5.)
212. Special Agreements
In addition to the agreements expressly provided for in Articles 10,15,23,28,31,36,37 and 52, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.
Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provi- sions to the contrary are contained in the aforesaid or in subse- quent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. (GWAY,art. 6.)
213,. Non-renunciation of Rights
Wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. (GWS,art. 7.)
214. Prohibition of Reprisals
Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited. (GWX,
a~t.&.)
Section If. WOUNDED AND SICK
215. Protection and Care
a. Treaty Prov-iuiswn.
Members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances.
They shall be treated humanely and eared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to theirpersons, shall be strictly prohibited ;in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.
Only urgent inedical reasons will authorize priority in the order of treatment to be administered.
Women shall be treated with all consideration due to their sex.
The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considera- tions permit, leave with them a part of its medical personnel and material to assist in their care. (GWS, a~t.12.)
b. Natiod Habits and Backgrounds. The foregoing is not in- tended to prohibit concessions, particularly with respect to food, clothing, and shelter, which t,ake into account the different national habits and backgrounds of the wounded and sick.
216. Search for Casualties
At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battle- field.
Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area. (GWS, art.15.)
217. Wounded Falling Into Enemy Hands
Parties to the conflict shall record assoon aspossible, in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identifi- cation.
These records should if possible include :
(a)
designation of the Power on which he depends;

(b)
army, regimental, personal or serial number;

(d)
first name or names;

(e)
date of birth;

(f)
any other particulars shown on his identity card or disc;

(g)
date and place of capture or death;

(h)
particulars concerning wounds or illness, or cause of death.

As soon as possible the above mentioned information shall be forwarded to the Information Bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12,1949, which shall transmit this information to the Power on which these persons depend through the inter- mediary of the Protecting Power and of the Central Prisoners of War Agency.
Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenti- cated lists of the dead. They shall likewise collect and forward through the same bureau one half of a double identity disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with un- identified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identifi- cation of the deceased owners, as well as by a complete list of the contents of the parcel. (GWS, art. 16.)
218. Graves Registration Service
Parties to the conflict shall ensure that burial or cremation of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, estab- lishing identity and enabling a report to be made. One half of the double identity disc, or the identity disc itself if it is a single disc, should remain on the body.
Bodies shall nqt be cremated except for imperative reasons of hygiene or for motives based on the religion of the deceased. In case of cremation, the circumstances and reasons for cremation shall be stated in detail in the death certificate or on the authenti- cated list of the dead.
They shall further ensure that the dead are honourably in- terrdd, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, properly maintained and marked so that they may always be found. For this purpose, they shall organize at the commencement of hostilities an Official Graves Registration Service, ,to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country. These provisions shall likewise apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
86 —
As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through the Information Bureau mentioned in the second paragraph of Article 16, lists &owing the exact location and markings of the graves, together with particulars of the dead interred therein. (GWS,mt. 17.)
219. Voluntary Care
a. Treaty Provision.
The military authorities may appeal to the charity of the in- habitants voluntarily to collect and care for, under their direc- tion, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities. Should the adverse Party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the wounded or sick.
The provisions of the present Article do not relieve the occupy- ing Power of its obligation to give both physical and moral care to the wounded and sick. (GWS,art. 18.)
6. Compulsion in Occupied Areas. An occupying authority may not bring pressure to bear on the population in order to induce them to give treatment to the wounded and sick.
Section Ill. MEDICAL UNITS, ESTABLISHMENTS, PERSONNEL ANI) TRANSFERS
220. Protection
a. Treaty Provision.
Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their person- nel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units.
The responsible authorities shall ensure that the said medical establishplents and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety. (GWS,art. 19.)
6. Nature of Protection Required See paragraph 2253.
221. Search of Medical Units, Establishments, and Transports
GWS does not confer immunity from search by the enemy on medi- cal units, establishments, or transports.
222. Discontinuance of Protection of Medical E~tablishments~and Units
The protection to which fixed establishments and mobile medi- cal units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate eases, a reasonable time limit, and after such warning has re- mained unheeded. (GWS,art. 21.)
223. Conditions Not Depriving Medical Units and Establishments of Protection
a. Treaty Provision.
The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 19:
(1)
That the personnel of the unit or establishment are armed, and that they use the arms in their own defense, or in that of the wounded and sick in their charge.

(2)
That in the absence of armed orderlies, the unit or estab- lishment is protected by a picket or by sentries or by an escort.

(3)
That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment.

(4)
That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof.

(5)
That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick. (GWS,art. 88.)

6. Self-Defense Defined. Although medical personnel may carry arms for self-defense, they may not employ such arms against enemy forces acting in conformity with the law of war. These arms are for their personal defense and for the protection of the wounded and sick under their charge against marauders and other persons violating the law of war. Medical personnel who use their arms in circum- stances not justified by the law of war expose themselves to penalties for violation of the law of war and, provided they have been given due warning to cease such acts, may also forfeit the protection of the medical unit or establishmel~t of which they form part or which they
are protecting.
c-Arms and Amnzz~nition Taken Fronz the Wownded ad Sick.
As provided in sul~stance by the foregoing article, the presence of such
arms and ammunition in a medical unit or establishment is not of itself cause for denying the protection to be accorded such organiza- tions under GWS. However, such arms and ammunition should be turned in as soon as practicable and, in any event, are subject to confiscation.
224. Hospital Zones and Localities
In time of peace, the High Contracting Parties and, after the the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the person- nel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recogni- tion of the hospital zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amend- ments as they may consider necessary.
The protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facili- tate the institution and recognition of these hospital zones and localities. (GWS, art. a3.)
225. Protection of Permanent Personnel
a.
Treaty Provision. See Article 24, G WS (par 67).

b.
What Is Meant by Respect and Protection. The respect and protection accorded personnel of certain categories by Articles 19 (par. 220), 24 (par. 67), and 25 (par. 226), G WS, mean that they must not knowingly be attacked, fired upon, or unnecessarily pre- vented from discharging their proper functions. The accidental killing or wounding of such personnel, due to their presence among or in proximity to combatant elements actually engaged, by fire di- rected at the latter, gives no just cause for complaint.

226. Protection of Auxiliary Personnel
a. Treaty Provision.
Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands. (GWS, art. 95.)
b. Natwre of Protection. See paragraph 225 b, and Article 29, G WS (par. 68).
227. Personnel of Aid Societies
See Article 26, GWS (par. 69).
228. The American National Red Cross
The American National Red Cross is the only voluntary aid society now authorized by this Government to render aid to the Army Medical Service in time of war, and any other society desiring to render similar assistance can do so only through the American National Red Cross (Pres. Proc., 22 Aug. 1911,37 Stat. 1716). The President is author- ized to accept the assistance tendered by the Red Cross and to employ the same under the Armed Forces (act 17 Jul 1953, 67 Stat. 178; 36
U.S. 0.7, a) Personnel of the Red Cross serving with or accom- panying an armed force in the field in time of war or serving with or accompanying the armed forces without the continental limits of the United States and certain named territories are subject to the Uniform Code of Military Justice (USMJ, Art. 2(10) (11) ).
229. Societies of Neutral Countries
A recognized Society of a neutral country can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the authorization of the Party to the conflict concerned. That per- sonnel and those units shall be placed under the control of that Party to the conflict.
The neutral Government shall notify this consent to the ad- versary of the State which accepts such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it.
In no circumstances shall this assistance be considered as inter-ference in the conflict.
The members of the personnel named in the first paragraph shall be duly furnished with the identity cards provided for in Article 40 before leaving the neutral country to which they belong. (GWS, art. 97.)
230. Retained Personnel
a. Treaty Provhkn.
Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require.
Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the
I
r I
, Geneva Convention relative to the Treatment of Prisoners of War of ~ugust12, 1949. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service they shall continue to carry out, in ac- cordance with their professional ethics, their medical and spirit- ual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties:
(a)
They shall be authorized to visit periodically the pris- oners of war in labour units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required.

(b)
In each camp the senior medical officer of the highest rank shall be responsible to the military authorities of the camp for the professional activity of the retained medical personnel. For this purpose, from the outbreak of hostilities, the Parties to the conflict shall agree re- garding the corresponding seniority of the ranks of their medical personnel, including those of the societies desig- nated in Article 26. In all questions arising out of their duties, this medical officer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions.

(c)
Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be re- quired to perform any work outside’their medical or religious duties.

During hostilities the Parties to the conflict shall make arrange- ments for relieving where possible retained personnel, and shall settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with regard to the medical and spiritual welfare of the prisoners of war. (GWS,
art. 28.)
b. DbcipZim. See paragraph 67.
231. Return of Religious and Medical Personnel
a. Treaty ProuiGon.
Personpel whose retention is not indispensable by virtue of the provisions of Article 28 shall be returned to the Party to the con- flict to whom they belong, as soon as a road is open for their return and military requirements permit.
Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. They shall continue to fulfill their duties under the orders of the adverse Party and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong.
On their departure, they shall take with them the effects, per- sonal belongings, valuables and instruments belonging to them. (GWS, art. 30.)
6. Secum’ty Measures. Nothlng in the foregoing article precludes reasonable measures to prevent such personnel, upon their return to their own army, from carrying information of strategic or tactical value. The movements and activities of religious and medical per- sonnel whose return is contemplated may be restricted as far as reasonably necessary to prevent their acquisition of such information, provided they are not thereby denied the facilities afforded them by -4rticle 28, GWS (par. 230). Should they become possessed of such information, their return to their own army may be delayed until the information has ceased to be of substantial value.
232. Selection of Personnel for Return
The selection of personnel for return under Article 30 shall be made irrespective of any consideration of race, religion or politi- cal opinion, but preferably according to the chronological order of their capture and their state of health.
As from the outbreak of hostilities, Parties to the conflict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the dis- tribution of the said personnel in the camps. (GWS, wt.31.)
233. Return of Personnel Belonging to Neutral Countries
a. Treaty Provision.
Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained.
Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit.
Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were.
On their departure, they shall take with them their effects, per- sonal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, qual- ity and variety to keep the said personnel in a normal state of health. (GWS, art. 3%)
b. Xecurity Measures. Security measures similar to those taken with respect to religious and medical personnel (par. 231b) may be applied to personnel of aid societies of neutral countries.
234. Buildings and Stores
a. Treaty Provision.
The material of mobile medical units of the armed forces which fa11 into the hands of the enemy, shall be reserved for the care of wounded and sick.
The buildings, material and stores of fixed medical establish- ments of the armed forces shall remain subject to the laws of war, but may not be diverted from their purpose as long as they are required for the care of wounded and sick. Nevertheless, the commanders of forces in the field may make use of them, in case of urgent military necessity, provided that they make previ- ous arrangements for the welfare of the wounded and sick who are nursed in them.
The material and stores defined in the present Article shall not be intentionally destroyed. (GWS, art. 33.)
b. Material of Mobile Medical Units. The material of mobile med- ical units falling into the hands of the enemy need not be restored to the belligerent from whom it was taken. It must, however, be used only for the care of the wounded and sick, and does not constitute war booty, within the meaning of Article 53, ER (pars. 403,408) or unwritten international law, until GWS ceases to be operative.
235. Property of Aid Societies
The real and personal property of aid societies which are admitted to the privileges of the Convention shall be regarded as private property.
The right of requisition recognized for belligerents by the laws and customs of war shaI1 not be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensured. (GWS, art. 34.)
236. Protection of Medical Transports
a. Treaty Provision.
Transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units.
Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on condi-tion that the Party to the conflict who captures them shall in all cases ensure the care of the wounded and sick they contain.
The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law. (GWS, art. 35.)
6. Civilian Personmel. The rules of international law applicable to civilians connected with medical transports may vary depending on whether such persons accompany the armed forces (GPW, art. .4A
(4) ;par. 61 herein) are members of the staff of voluntary aid socie- ties either of a belligerent State (GWS, art. 26; par. 69 herein) or of a neutral State (GWS, art 27; par. 229 herein), or are civilians not otherwise protected by GWS or GPW”(GC, art. 4; par. 247 herein).
237. Medical Aircraft
a. Treaty Provision.
Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by the belligerents, while flying at heights, times and on routes specifically agreed upon between the belligerents concerned.
They shall bear, clearly marked, the distinctive emblem pre- scribed in Article 38, together with their national colours, on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification that may be agreed upon between the belligerents upon the outbreak or dur- ing the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.
In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Article 24 and the Articles fol- lowing. (GWS, art. 36.)
6. Converted Aircraft. It is not necessary that the aircraft shouid have been specially built and equipped for medical purposes. There is no objection to converting ordinary aircraft into medical aircraft or to using former medical aircraft for other purposes, provided the distinctive markings are removed.
Section IV. THE RED CROSS EMBLEM
238. Emblem of the Convention
a Treaty Provision.
As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces.
Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognized by the terms of the present Convention. (GWS, art. 38.)
b.
EmbZems Other Than the Red Cross. Turkey uses the Red Cres- cent; Iran, the Red Lion and Sun. Israel signed GWS subject to the reservation that it will use a Red Shield of David as its distinctive sign.

c.
Misuse of the Emblem. See Article 23 (f), HR (par. 52). See also pertinent United States statutes.

239. Use of the Emblem
Under the direction of the competent military authority, the emblem shall be displayed on the flags, armlets and on all equip- ment employed in the Medical Service. (GWS, art. 39.)
240. Identification of Medical and Religious Personnel
The personnel designated in Article 24 and in Articles 26 and 27 [Articles 36 and 37 of GWS Sea] shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc men- tioned in Article 16 [Article 19 of GWS Sea], shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Con- vention. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity
cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced. (GWS, art. 40.)
241. Identification of Auxiliary Personnel
The personnel designated in Article 25 shall wear, but only while carrying out medical duties, a white armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority.
Military identity documents to be carried by this type of per- sonnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet. (GWS,art. 41.)
242. Marking of Medical Units and Establishments
The distinctive flag of the Convention shall be hoisted only over such medical ‘units and establishments as are entitled to be respected under the Convention, and only with the consent of the military authorities.
In mobile units, as in fixed establishments, it may be accom- panied by the national flag of the Party to the conflict to which the unit or establishment belongs.
Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other than that of the Convention.
Parties to the conflict shall take the necessary steps, in so far asmilitary considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action. (GWS, art. &.)
243. Marking of Units of Neutral Countries
The medical units belonging to neutral countries, which may have been authorized to lend their services to a belligerent under the conditions laid down in Article 27, shall fly, along with the flag of the Convention, the national flag of that belligerent, wher- ever the latter makes use of the faculty conferred on him by Article 42.
Subject to orders to the contrary by the responsible military authorities, they may, on all occasions, fly their national flag, even if they fall into the hands of the adverse Party. (GWS, art. 43.)
244. Restrictions in the Use of the Emblem
With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the Red Cross on a white ground and the words “Red Cross”, or “Geneva Cross” may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establish- ments, the personnel and material protected by the present Con- vention and other Conventions dealing with similar matters. The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries which use them. The Na- tional Red Cross Societies and other Societies designated in Article 26 shall have the right to use the distinctive emblem con- ferring the protection of the Convention only within the frame- work of the present paragraph.
Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of peace, in accordanee with their national legislation, make use of the name and emblem of the Red Cross for their other activities which are in conformity with the principles laid down by the International Red Cross Con- ferences. When those activities are carried out in time of war, the conditions for the use of the emblem shall be such that it can-not be considered as conferring the protection of the Convention; the emblem shall be comparatively small in size and may not be placed on armlets or on the roofs of buildings.
The international Red Cross organizations and their duly authorized personnel shall be permitted to make use, at all times, of the emblem of the Red Cross on a white ground.
As an exceptional measure, in conformity with national legis- lation and with the express permission of one of the NationaI Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of the Convention may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treat- ment to the wounded or sick. (GWX, art. &.)
245. United States Reservation
The United States, in ratifying the Geneva Convention * * * does so with the reservation that * * * nothing contained therein shall make unlawful, or obligate the United States of America to make unlawful, any use or right of use within the United States of America and its territories and possessions of the Red Cross emblem, sign, insignia, or words as was lawful by reason of do- mestic law and a use begun prior to January 5,1905, provided such use by pre-1905 users does not extend to the placing of the Red Cross emblem, sign, or insignia upon aircraft, vessels, vehicles, buildings or other structures, or upon the ground. (T. I. A. 8. 3362.)
CHAPTER 5
CIVILIAN PERSONS
Section I. GENERAL PROVISIONS
246. Protection of Civilians Generally
The protection of civilian persons is governed by both GGand HR, the former supplementing the latter insofar as both relate to occupied territory. Certain provisions of GC are applicable only in the terri- tory of a party to the conflict, others to belligerently occupied territory, a number to both or to civilian populations generally. Those relating exclusively to occupied areas appear in chapter 6, while the require- ments of GC having to do with the territory of a belligerent or with both such territory and occupied territory or with the general protec- tion of civilian persons are set forth in this chapter.
247. Definition of Protected Persons
a. Treaty Provision.
Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a’neutral State who find them- selves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.
The provisions of Part I1 are, however, wider in application, as defined in Article 13.
Persons protected by the Geneva Convention for the Ameliora- tion of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12,1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12,1949, shall not be considered as protected persons within the meaning of the present Convention. (GO, airt. 4.)
b.
Interpretation. Subject to qualifications set forth in paragraph 248, those protected by GC also include all persons who have engaged in hostile or belligerent conduct but who are not entitled to treatment as prisoners of war.

c.
Wider Scope of Certain Artiebs. Part 11,GO (sec. I1of this chapter), has a broader scope than the rest of GO. (See GC, art. 13; par. 252 herein.)

248. Derogations
a. Domestic and 0ccu;Died Territoq.
Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely sus- pected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite sus- picion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military secu- rity so requires, be regarded as having forfeited rights of com-munication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the secnrity of the State or Occupying Power, as the case may be. (GO,ad. 6.) (See also par. 73.)
b.
Other Ayeas. Where, in territories other than those mentioned in a above, a Party to the conflict is satisfied that an individual pro- tected person is definitely suspected of or engaged in activities hostile to the secnrity of the State, such individual person is similarly not en- titled to claim such rights and priviliges under GC as would, if exer- cised in favor of such individual person, be prejudicial to the security of such State.

c.
Acts Punishable. The foregoing provisions impliedly recognize the power of a Party to the conflict to impose the death penalty and lesser punishments on spies, saboteurs, and other persons not entitled to be treated as prisoners of war, except to the extent that that power has been limited or taken away by Article 68, GC (par. 438).

249. Beginning and End of Application
a. Treaty Provision.
The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2
In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military ~perations.
In the case of occupied territory, the application of the present Convention shall cease one year after the general close of mili- tary operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1to 12,27,29 to 34,47,49,51,52,53,59,61 to 77,143.
Protected persons whose release, repatriation or re-establish- ment may take place after such dates shall meanwhile continue to benefit by the present Convention. (GO, art. 6.)
6. Reestablishment of Protected Persons. The word “reestablisll- ment,” as used in a, refers to protected persons who cannot be repa- triated because, for example, they would be liable to persecution in their own country, or because their homes have been destroyed.
250. Special Agreements
In addition to the agreements expressly provided for in Articles 11,14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situa- tion of protected persons, as defined by the present Convention, nor restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such agreements as long as the Convention is applicable to them, ex- cept where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favour- able measures have been taken with regard to them by one or other of the Parties to the conflict. (GO, art. 7.)
251. Non-renunciation of Rights
Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Conven- tion, and by the special agreements referred to in the foregoing Article, if such there be. (GO, art. 8.)
Section II. GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR
252. Field of Application
a. Treaty Provision.
The provisions of Part I1 cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion,
and are intended to alleviate the sufferings caused by war. (GO art. 13.)
b. The State and Its Own Nationals. The provisions mentioned in a concern not only the relations between a given nation and aliens but also the relations between a nation and its own nationals, and also apply to neutral inhabitants of the countries in conflict.
253. Hospital and Safety Zones and Localities
In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant-mothers and mothers of children under seven.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recogni- tion of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as
I they may consider necessary. The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facili- tate the institution and recognition of these hospital and safety zones and localities. (GO,art. 14.)
254. Neutralized Zones
a;. Treaty Provision.
I Any Party to the conflict may, either direct or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction:
(a)wounded and sick combatants or non-combatants;
(b) civilian persons who take no part in hostilities, and who, while they reside in fhe zone4 perform no work of a military character.
When the Parties concerned have agreed upon the geographical position, administration, food supply and supervision of the pro- posed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone. (GO,art. 16.)
6. By WhmAgreem?zts ConcZuded. The agreements mentioned in a and elsewhere in this section may be concluded either by the governments concerned or by subordinate military commanders.
255. General Protection of Wounded and Sick
The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect.
As far as military considerations allow, each Party to the con- flict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill- treatment. (GO,art. 16.)
256. Evacuation of Wounded and Sick
The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas. (GC, art. 27.)
257. Protection of Hospitals
Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and pro- tected by the Parties to the conflict.
States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem pro- vided for in Article 38of the Geneva Convention for the Ameliora- tion of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as military consider- ations permit, take the necessary steps hmake the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives. (GO,art. 18.)
258. Discontinuance of Protection of Hospitals
ti. Treaty Provision.
The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appro- priate cases, a reasonable time limit, and after such warning has remained unheeded.
The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants and not yet handed to the proper service, shall not be considered to be acts harmful to the enemy. (GO, art. 19.)
6. Meaning of Acts Harmful to the Enemy. Acts harmful to the enemy are not only acts of warfare proper but any activity character- izing combatant action, such as setting up observation posts or the use of the hospital as a liaison center for fighting troops.
259. Hospital Staff
a. Treaty Provision.
Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel en- gaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected.
In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by hneans of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12,1949.
Other personnel who are engaged in the operation and adminis- tration of civilian hospitals shall be entitled to respect and pro- tection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed.
The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel. (GO, art. 20.)
6.Interpretation. The persons “regularly and solely engaged in the operation and administration of civilian hospitals” include all members of the professional staff and all employees of hospitals, whether or not in direct contact with the wounded and sick, provided they have no occupation other than their work in the hospitals.
260. Land and Sea Transport
Convoys of vehicles or hospital trains on land or specially pro- vided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article.18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12,1949. (GO,

art,$1.)
261. Air Transport
Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases, or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned.
They may be marked with the distinctive emblem provided for in Article 38of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12,1949.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination if any. (GO, art. %’.)
262. Consignments of Medical Supplies, Food, and Clothing
Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects neces- sary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing:
(a)
that the consignments may be diverted from their desti- nation,

(b)
that the control may not be effective, or

(c)
that a definite advantage may accrue to the military efforts or economy of the enemy through the substitution of the above-mentioned consignments for goods which

would otherwise be provided or produced by the enemy
or through the release of such material, services or facili-
ties as would otherwise be required for the production
of such goods.
The Power which allows the passage of the consignments indi- cated in the first paragraph of this Article may make such per- mission conditional on the distribution of the persons benefited thereby being made under the local supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed. (GC, art. 33.)
263. Measures Relating to Child Welfare
The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circum-stances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safe guards for the observance of the principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means. (GO, art. 24.)
264. Family News
All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impos- sible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfillment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the com- pulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month. (GC, art. 25.)
265. Dispersed Families
Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations en- gaged on this task provided they are acceptable to it and conform to its security regulations. (GO, art. $6.)
Section Ill. PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND TO OCCUPIED TERRITORIES
266. General
Protected persons are entitled, in all circumstances, to respect
for their persons, their honour, their family rights, their religious
convictions and practices, and their manners and customs. They
shall at all times be humanely treated, and shall be protected
especially against all acts of violence or threats thereof and
against insults and public curiosity.
Women shall be especially protected against any attack on their -honour, in particular against rape, enforced prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state of
health, age and sex, all protected persons shall be treated with
the same consideration by the Party to the conflict in whose power
they are, without any adverse distinction based, in particular, on
race, religion or political opinion.
However, the Parties to the conflict may take such measures of
control and security in regard to protected persons as may be
necessary as a result of the war. (GO, art. a’7.)
267. Danger Zones
The presence of a protected person may not be used to render certain points or areas immune from military operations. (GC,
art. 28.)
268. Responsibilities
The Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred. (GO, art. 29.)
269. Application to Protecting Powers and Relief Organizations
Protected persons shall have every facility for making appli- cation to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them.
These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations.
Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facili- tate as much as possible visits to protected persons by the repre- sentatives of other organizations whose object is to give spiritual aid or material relief to such persons. (GO, art. 30.)
270. Prohibition of Coercion
a. Treaty PT&OB.
No physical or moral coercion shall be exercised against pro- tected persons, in particular to obtain information from them or from third parties. (GO, art. 31.)
6. Guides. Among the forms of coercion prohibited is the impress- ment of guides from the local inhabitants.
271. Prohibition of Corporal Punishment, Torture, Etc.
The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents. (GO, art. 32.)
272. Individual Responsibility, Collective Penalties, Reprisals, Pillage
No protected person may be punished for an offence he or she
has not personally committed. Collective penalties and likewise
all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are
prohibited. (GO, art. 33.) (See also pars. 47 and 397.)
273. Hostages
The taking of h~~tages (GO, art. 34.)
is prohibited.
Section IV. ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT
274. Right to Leave the Territory
All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be entitled to do so, unless their depature is contrary to the national interest of the State. The applications of such persons to leave shall be decided in ac- cordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use.
If any such person is refused permission to leave the territory, he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate court or administrative board desig- nated by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, asexpeditiously as possible, the names of all persons who have been denied per- mission to leave. (GC, art. 35.)
275. Conditions of Departure
Departures permitted under the foregoing Articles shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommoda- tion in a neutral country, by the Power whose nationals are bene- fited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned.
The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. (GC,art.36.)
276. Persons in Confinement
Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty, shall during their confinement be humanely treated.
As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles. (CC, wt.37.)
277. Non-repatriated Persons: General
With the exception of special measures authorized by the present Convention, in particular by Articles 27 and 41 thereof, the situation of protected persons shall continue to be regulated in principle, by the provisions concerning aliens in time of peace In any case, the following rights shall be granted to them:
(1)
They shall be enabled to receive the individual or collec, tive relief that may be sent to them.

(2)
They shall, if their state of health so requires, receivt medical attention and hospital treatment to the samt extent as the nationals of the State concerned.

(3)
They shall be allowed to practise their religion and tc receive spiritual assistance from ministers of their faith

(4)
If they reside in an area particularly exposed to thc dangers of war, they shall be authorised to move from that area to the same extent as the nationals of the Statc concerned.

(5)
Children under fifteen years, pregnant women anc mothers of children under seven years shall benefit bj any preferential treatment to the same extent as the na tionals of the State concerned. (GO, art. 38.)

278. Non-repatriated Persons: Means of Existence
Protected persons who, as a result of the war, have lost thei~ gainful employment, shall be granted the opportunity to finc paid employment. That opportunity shall, subject to securitl considerations and to the provisions of Article 40, be equal to tha. enjoyed by the nationals of the Power in whose territory they are
Where a Party to the conflict applies to a protected persoi methods of control which result in his being unable to suppor himself, and especially if such a person is prevented for reason: of security from finding paid employment on reasonable condi tions, the said Party shall ensure his support and’ that of hi; dependents.
Protected persons may in any case receive. allowances fron their home country, the Protecting Power, or the relief societie; referred to in Article 30. (GO, art. 39.)
279. Non-repatriated Persons: Employment
Protected persons may b’e compelled to work only to the Sam extent as nationals of the Party to the conflict in whose territor; they are.
If protected persons are of enemy nationality, they may onl; be compelled to do work which is normally necessary to ensur the feeding, sheltering, clothing, transport and health of huma. beings and which is not directly related to the conduct of militar, operations.
In the cases mentioned in the two preceding paragraphs, prc tected persons compelled to work shall have the benefit of th same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupa- tional accidents and diseases.
If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30. (GO,art. 40.)
280. Internment or Assigned Residence
a. Treaty Provision.
Should the Power in whose hands protected persons may be consider the measures of control mentioned in the present Con- vention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of resi- dence by virtue of a decision placing them in assigned residence elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part 111,Section nT of this Convention (GO,art. dl.)
6. Penal Legislation. The foregoing provision does not preclude the application of ordinary penal legislation to protected persons.
281. Grounds for Internment or Assigned Residence; Voluntary Intern- ment
The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary.
If any! person, acting through the representatives of the Pro- tecting Power, voluntarily demands internment, and if his situa- tion renders this step necessary, he shall be interned by the Power in whose hand he may be. (GO,art. @.)
282. Procedure
a. Treaty Provision.
Any protected person who has been interned or placed in as-signed residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case with a view to the favourable amendment of the initial decision, if circum- stances permit.
Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the same conditions, be notifEd as rapidly as possible to the Protecting Power. (GO, art. @.)
b. Prohi6ited Areua. The term “assigned residence” refers to measures taken with respect to individuals or families and does not include prohibitions on entry into or residence in specified zones, which have been imposed on groups of people by reason of their nationality or like criteria.
283. Refugees
a. Treaty Provision.
In applying the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government. (GO, art. a.)
b. Purpose. The pur,pose of the foregoing article is to insure that refugees who may only technically remain enemy aliens are not on that basis automatically subject to control measures, notwithstanding the fact they actually are not protected by their government. However, the quoted provision does not in any way deny the right of a State to intern any such person or subject him to any other recognized measure of control when there is any additional reason that renders necessary the taking of such action as may be required for the security of the State in a moment of national crisis.
284. Transfer to Another Power
Protected persons shall not be transferred to a Power which is not a party to the Convention.
This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence aftyr the cessation of hostilities.
‘ Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with.
In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law. (GO, art. 4.)
285. Cancellation of Restrictive Measures
In so far as they have not been previously withdrawn, restric- tive measures taken regarding protected persons shall be can- celled as soon aspossible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities. (GO, art. 46.)
Section V. REGULATIONS FOR THE TREATMENT OF INTERNEES
286. Cases of Internment and Provisions Applicable
The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78. (GO, art. 79.)
287. Civil Capacity
Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status. (GC, art. 80.)
288. Maintenance
Parties to the conflict who intern protected persons shall be bound to provide free of charge for their maintenance, and to grant them also the medical attention required by their state of health.
No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of these costs.
The Detaining Power shall provide for the support of those dependent on the internees, if such dependents are without ade- quate means of support or are unable to earn a living. (GC, art. 81.)
289. Grouping of Internees
The Detaining Power shall, as far as possible, accommodate the internees according to their nationality, language and customs. Internees who are nationals of the same country shall not be separated merely because they have different languages.
Throughout the duration of their internment, members of the same family, and in particular parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section. Internees may request that their children who are left at liberty without parental care shall be interned with them.
Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommoda- tions from other internees, together with facilities for leading a proper family life. (GO,art. 89.)
290. Location of Places of Internment
The Detaining Power shall not set up places of internment in areas particularly exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of places of internment.
Whenever military considerations permit, internment camps shall be indicated by the letters IC, placed so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree upon any other system of marking. No place other than an internment camp shall be marked as such. (GG, art. 83.)
291. Separate Internment
Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason. (GO,art. 84.)
292. Accommodation; Hygiene
The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and the effects of the war. In no case shall permanent places of internment be situated in unhealthy areas, or in districts the climate of which is injurious to the internees. In all cases where the district, in which a protected person is temporarily interned, is in an unhealthy area or has a climate which is harm-ful to his health, he shall be removed to a more suitable place of internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately heated and lighted, in particular between dusk and lights out. The sleeping quarters shall be sufficiently spacious &d well ventilated, and the internees shall have suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of the internees.
Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of hygiene and are con- stantly maintained in a state of cleanliness. They shall be pro- vided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to them. Showers or baths shall also be available. The necessary time shall be set aside for washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory. (GC, art. 85.)
293. Premises for Religious Services
The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services. (GC, art. 86.)
294. Canteens
a. Treaty Provision.
Canteens shall be installed in every place of internment, except where other suitable facilities are available. Their purpose shall be to enable internees to make purchases, at prices not higher than local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such aswould increase their personal well-being and copfort.
Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment, and administered for the benefit of the internees attached to such place of internment. The Internee Committee provided for in Article 102 shall have the right to check the management of the canteen and of the said fund.
When a place of internmcgt is closed down, the balance of the welfare fund shall be transferred to the welfare fund of a place of internment for internees of the same nationality, or, if such a place does not exist, to a central welfare fund which shall be administered for the benefit of all internees remaining in the custody of the Detaining Power. In case of a general release, the said profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned. (GO,art. 87.)
6. Limitation on Privilege. Interned persons are not entitled to more favorable treatment than the population ,at large with respect to canteen facilities and are equally subject to regulations, such as those pertaining to rationing, which are applied to the population generally.
295. Air-Raid Shelters and Protective Measures
In all places of internment exposed to air raids and other hazards of war, shelters adequate in number and structure to ensure the necessary protection shall be installed. In case of alarms, the internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures taken in favour of the population shall also apply to them.
All due precautions must be taken in places of internment against the danger of fire. (GO,a?$.88.)
296. Food
Daily food rations for internees shall be sufficient in quantity, quality, and variety to keep internees in a good state of health and prevent the development of nutritional deficiencies. Account shall also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare for themselves any additional food in their possession. Sufficient drinking water shall be supplied to internees. The
use of tobacco shall be permitted. Internees who work shall receive additional rations in propor- tion to the kind of labour which they perform.
Expectant and nursing mothers, and children under fifteen years of age, shall be given additional food, in proportion to their physiological needs, (GO,art. 89.)
297. Clothing
When taken into custody, internees shall be given all facilities to provide themselves with the necessary clothing, footwear and change of underwear, and later on, to procure further supplies if required. Should any internees not have sufficient clothing, account being taken of the climate, and be unable to procure any,
it shall be provided free of charge to them by the Detaining Power.
The clothing supplied by the Detaining Power to internees and the outward markings placed on their own clothes shall not be ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including pro- tective clothing, whenever the nature of their work so requires. (GC, art. 90.)
298. Medical Attention
Every place of internment shall have an adequate infirmary, under the direction of a qualified doctor, where internees may have the attention they require, as well as an appropriate diet. Isolation wards shall be set aside for cases of contagious or mental diseases.
Maternity cases an& internees suffering from serious diseases, or whose condition requires special treatment, a surgical opera- tion or hospital care, must be admitted to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population.
Internees shall, for preference, have the attention of medical personnel of their own nationality.
Internees may not be prevented from presenting themselves to the medical authorities for examination. The medical authori- ties of the Detaining Power shall, upon request, issue to every in- ternee who has undergone treatment an official certificate showing the nature of his illness or injury, and the duration and nature of the treatment given. A duplicate of this certificate shall be for- warded to the Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary for the maintenance of internees in good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the internee. (GC, art. 91.)
299. Medical Inspection
Medical inspections of internees shall be made at least once a month. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of internees, and to detect contagious diseases, especially tuberculosis, ma-laria, and venereal diseases. Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year, radioscopic examination. (GO, art. 02.)
300. Religious Freedoms
Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister freely to the members of their community. For this purpose, the Detaining Power shall ensure their equitable alloca- tion amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion Should such ministers be too few in number, the De- taining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to corre- spond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall not be considered as forming a part of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112.
When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees’ faith or, if such a course is feasible from a denomi- national point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security. (GO, mi. 93.)
301. Recreational Study, Sports, and Games
The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games amongst internees, whilst leaving them free to take part in them or not. It shall take all practicable measures to ensure the exercise thereof, in particu- lar by providing suitable premises.
All possible facilities shall be granted to internees to continue their studies or to take up new subjects. The education of chil- dren and young people shall be ensured ;they shall be allowed to attend schools either within the place of internment or outside.
Internees shall be given opportunities for physical exercise, sports and outdoor games. For this purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved for children and young people. (GC, art. 94.)
302. Working Conditions
a. Treaty Provision.
The Detaining Power shall not employ internees as workers, unless they so desire. Employment which, if undertaken under compulsion by a protected person not in internment, would in- volve a breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or humilitating character are in any case prohibited.
After a working period of six weeks, internees shall be free to give up work at any moment, subject to eight days’ notice.
These provisions constitute no obstacle to the right of the De- taining power to employ interned doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens or for other domestic tasks, or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks. No internee may, however, be required,to perform tasks for which he is, in the opinion of a medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all working conditions, for medical attention, for the payment of wages, and for ensuring that all employed internees receive com- pensation for occupational accidents and diseases. The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work of the same nature in the same dis- trict. Wages for work done shall be determined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power, due regard being paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require. In-ternees permanently detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages by the Detaining Power. The working conditions and the scale of compensation for occupational accidents and diseases to internees thus detailed, shall not be inferior to those applicable to work of the same nature in the same district. (GO,art. 96.)
6. Wages. Since internees are free of normal financial responsi- bilities, they are not entitled to receive from the Detaining Power by way of wages the whole of the amount paid over by their employers.
303. L~borDetachments
All labour detachments shall remain part of and dependent upon a place of internment. The competent authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention. The commandant shall khp an up-to-date list of the labour detachments subordi- nate to him and shall communicate it to the delegates of the Protecting Power, of the International Committee of-the Red Cross and of other humanitarian organizations who may visit the places of internment. (GO,art. 96.)
304. Valuables and Personal Effects
Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc., and valuables in their possession may not be taken from them except in accordance with established procedure. Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee asprovided for in Article 98. Such amounts may not be converted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the internee gives his consent.
Articles which have above all a personal or sentimental value may not be taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles, monies or other valuables taken from them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may not be taken away without a receipt being given. At no time shall internees be left without identity documents. If they have none, they shall be issued with special documents drawn up by the detaining authorities, which will serve as their identity papers until the end of their internment.
Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase coupons, to enable them to make purchases. (GC,art.97.)
305. Financial Allowance and Individual Accounts
All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such as tobacco, toiIet requisites, etc. Such allowances may take the form of credits or purchase coupons.
Furthermore, internees may receive allowances from the Power to which they owe allegiance, the Protecting Powers, the organi- zations which may assist them, or their families, aswell as the income on their property in accordance with the law of the De- taining Power. The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.), but may not be alloeated by that Power or distributed by the Detaining Power on the basis of discriminations between intepees which are pro- hibited by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in the present Article, the wages earned and the remittances received, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependants. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting Power on request, and shall accom- pany the internee in case of transfer. (GO,art. 98.)
306. Camp Administration
Every place of internment shall be put under the authority of a responsible officer, chosen from the regular military forces or the regular civil administration of the Detaining Power. The officer in charge of the place of internment must have in his possession a copy of the present Convention in the official lan- guage, or one of the official languages, of his country and shall be responsible for its application. The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its appli-cation.
The text of the present Convention and the texts of special agreements concluded under the said Convention shall be posted inside the place of internment, in a language which the intern- ees understand, or shall be in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be communicated to the internees and posted inside the places of internment, in a language which they understand.
Every order and command addressed to internees individually, must likewise, be given in a language which they understand. (GO, apt. 99.)
307. General Discipline
The disciplinary regime in places of internment shall be con- sistent with humanitarian principles, and shall in no circum- stances include regulations imposing on internees any physical exertion dangerous to their health or involving physical or moral victimization. Identification by tattooing or imprinting signs or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or the reduction of food rations, are prohibited. (GC, art. 100.)
308. Complaints and Petitions
a. Treaty Provision.
Internees shall have the right to present to the authorities in whose power they are, any petition with regard to the conditions of internment to which they are subjected.
They shall also have the right to apply without restriction through the Internee Committee or, if they consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to them any points on which they may have complaints to make with regard to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter are recognized to be unfounded, they may not occasion any punishment.
Periodic reports on the situation in places of internment and as to the needs of the internees, may be sent by the Internee Com- mittees to the representatives of the Protecting Powers. (GO, art. 101.)
6. Censorsh;~. The Detaining Power has the right to examine and censor the complaints, petitions, and reports referred to above in the same manner as correspondence addressed to internees or despatclled by them. It may also examine such complaints and reports to the representatives of the Protecting Power to verify that they are what they purport to be and to delete matter not constituting either a com- plaint or a report within the meaning of the foregoing provision.
309. Election of Internee Committees
In every place of internment, the internees shall freely elect by secret ballot every six months, the members of a Committee em-
powered to represent them before the Detaining and the Protect-
ing Powers, the International Committee of the Red Cross and
any other organization which may assist them. The members of
the Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their
election has been approved by the detaining authorities. The
reasons for any refusals or dismissals shall be communicated to
the Protecting Powers concerned. (GC, art. 108.)
310. Duties of Internee Committees
The Internee Committees shall further the physical, spiritual
and intellectual well-being of the internees.
In case the internees decide, in particular, to organize a system of mutual assistance amongst themselves, this organization would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention. (GO, art. 103.)

31 1. Prerogatives of Internee Committees
Members of Internee Committees shall not be required to per- form any other work, if the accomplishment of their duties is rendered more difficult thereby.
Members of Internee Committees may appoint from amongst the internees such assistants as they may require. All material facilities shall be granted to them, particularly a certain free- dom of movement necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, and with the organizations which give assistance to internees. Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming apart of the quota mentioned in Article
107.
Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. (GO,a~t.104.)

312. Notification of Measures Taken
Immediately upon interning protected persons, the Detaining Powers shall inform them, the Power to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the present Chapter. The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications of such measures. (GO,art. 105.)
313. Internment Card
As soon as he is interned, or at the latest not more than one week after his arrival in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency pro- vided for by Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Convention, in- forming his relatives of his detention, address and state of health. The said cards shall be forwarded as rapidly as pos- sible and may not be delayed in any way. (GO, aTt. 106.)
314. Correspondence
Internees shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each internee, the said number shall not be less than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possible to the models annexed to the present Convention. If limitations must be placed on the correspondence addressed to internees, they may be or-dered only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or who find it impossible to receive news from their relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their disposal. They shall likewise benefit by this provision in cases which are recognized to be urgent.
As a rule, internees’ mail shall be written in their own language. The Parties to the conflict may authorize correspondence in other languages. (GC, art. 1W.)
315. Relief Shipments
Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational char- acter which may meet their needs. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such ship- ments to be limited, due notice thereof shall be given to the Pro- tecting Power and to the International Committee of the Red Cross, or to any other organization giving assistance to the inter- nees and responsible for the forwarding of such shipments.
The conditions for the sending of individual parcels and col- lective shipments shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in collective parcels. (GO, art. 108.)
316. Collective Relief
In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt and distribu- tion of collective relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied.
The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of them in the interests of the recipients.
Nor shall such agreements restrict the right of representatives of the Protecting Powers, the International Committee of the Red Cross, or any other organization giving assistance to in- ternees and responsible for the forwarding of collective ship- ments, to supervise their distribution to the recipients. (GC, art. 109.)
317. Exemp!tion From Postal and Transport Charges
a. Treatg Provision. All relief shipments for internees shall be exempt from import, customs and other dues.
All matter sent by mail, including relief parcels sent by parcel post and remittances of money, addressed from other countries to internees or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries.of origin and destination an’d in intermediate coun- tries. To this end, in particular, the exemption provided by the Universal Postal Convention of 1947 and by the agreements of
the Universal Postal Union in favour of civilians of enemy nation- ality detained in camps or civilian prisons, shall be extended to the other interned persons protected by the present Convention. The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the same cir- cumstances.
The cost of transporting relief shipments which are intended for internees and which, by reason of their weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Power in all the territories under its control. Other Powers which are Parties to the present Convention shall bear the cost of transport in their respective territories.
Costs connected with the transport of such shipments, which are not covered by the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams sent by internees, or addressed to them. (GO,art. 110.)
5. Exemption Under Unisersal Postal Conmention of 1952. See paragraph 1506.
318. Special Means of Transport Should military operations prevent the Powers concerned from fulfilling their obligation to ensure the conveyance of the mail and relief shipments proeded for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Com- mittee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake the conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation, especially by granting the necessary safe-
conducts. Such transport may also be used to convey:
(a)correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article 136;
(b) correspondence and reports relating to internees which the Protecting Powers, the International Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport if it should so prefer, nor precluding the granting of safe-conducts, under mutually agreed conditions, to such means of transport.
The costs occasioned by the use of such means of transport shall be borne, in proportion to the importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby. (GO, art. 111.)
319. Censorship and Examination
a. Treaty Provision. The censoring of correspondence addressed to internees or despatched by them shall be done as quickly as possible.
The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods in them to deterioration. It shall be done in the presence of the addressee, or of a fellow-internee duly delegated by him. The de- livery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the conflict either for military or political reasons, shall be only temporary and its duration shall be as short as possible. (GC, art. 1112.)
6. iUate& Subject to Censorship. The Detaining Power may examine and censor all communications sent to or by internees, in- cluding correspondence and telegrams (GC, art. 107; par. 314 herein) and relief shipments (GC, art, 108; par. 315 herein) with a view to deleting matter prejudicial to its military security. SBe paragraph 3086 concerning the censorship of complaints, petitions, and reports submitted pursuant to Article 101, GC.
320. Execution and Transmission of Legal Documents
The Detaining Powers shall provide all reasonable facilities for the transmission through the Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of attorney, letters of authority, or any other docu- ments intended for internees or despatched by them.
In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such documents on behalf of internees, in particular by allowing them to consult a lawyer. (GC,art.113.)
321. Management of Property
The Detaining Power shall afford internees all facilities to enable them to manage their property, provided this is not incom- patible with the conditions of internment and the law which is applicable. For this purpose, the said Power may give them per- mission to leave the place of internment in urgent cases and if circumstances allow. (GO, art. 114.)
322. Facilities for Preparation and Conduct of Cases
In all cases where an internee is a party to proceedings in any court, the Detaining Power shall, if he so requests, cause the court to be informed of his detention and shall, within legal limits, en- sure that all necessary steps are taken to prevent him from being in any way prejudiced, by reason of his internment, as regards the preparation and conduct of his case or as regards the execution of any judgment of the court. (GO, art 115.)
323. Visits
Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in cases of death or serious illness of relatives. (GC, art. 116.)
324. Penal and Disciplinary Sanctions: General Provisions
Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment.
If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the same acts are not punishable when committed by persons who are not internees, such acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act, or on the same eount. (GO,apt. 117.)
325. Pen ~lties
The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a na-tional of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.
Imprisonment in premises without daylight and, in general, all forms of cruelty without exception are forbidden. Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees.
The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty in- volving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceed- ings instituted against internees whom they represent, and of their result. (GO,art 118.)
326. Disciplinary Punishments
The disciplinary punishments applicable to internees shall be the following:
(1)A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days.
(2)
Discontinuance of privileges granted over and above the treatment provided for by the present Convention.

(3)
Fatigue duties, not exceeding two hours daily, in connec- tion with the maintenance of the place of internment.

(4)
Confinement.

In no case shall disciplinary penaIties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee’s age, sex and state of health.
The duration of any single punishment shall in no case ex’ceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not. (GC, art. 119,)
827. Escapes
Internees who are recaptured after having escaped or when attempting to escape, shall be liable only to disciplinary punish- ment in respect of this act, even if it a repeated offence.
Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their health, that it is exercised in a place of internment and that it daes not entail the abolition of any of the safeguards granted by the present Conyention,
Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary punishment only. (GC, art. 120.)
328. Connected Offenses
Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape.
The Parties to the confiict shall ensure that the competent authorities exercise leniency in deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of acts committed in connection with an escape, whether successful or not. (GC,art. 131.)
329. Investigations and Confinement Awaiting Hearing
Acts which constitute offences against discipline shall be in-
vestigated immediately. This rule shall be applied, in particular,
in cases of escape or attempt to escape. Recaptured internees
shall be handed over to the competent authorities as soon as
possible.
In cases of offences against discipline, confinement awaiting
trial shall be reduced to an absolute minimum for all internees,
and shall not exceed fourteen days. Its duration shall in any
case be deducted from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who are in confinemen>t awaiting trial for offences against disci- pline. (GC, art. 129.)
330. Procedure
Without prejudice to the competence of courts and higher au- thorities, disciplinary punishment may be ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces him, or to whom he has delegated his disciplinary powers.
Before any disciplinary punishment is awarded, the accused internee shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be an- nounced in the presence of the accused and of a member of the Internee Committee.
The period elapsing between the time of award of a disciplinary punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punish- ment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
A record of disciplinary punishments shall be maintained by the commandant of the place of internment and shall be open to inspection by representatives of the Protecting Power. (GO, art. 123.)
331. Premises for Disciplinary Punishments
Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo punishment therein.
The premises in which disciplinary punishments are undergone shall conform to sanitary requirements; they shall in particular be provided with adequate bedding. Internees undergoing pun- ishment shall be enabled to keep themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women. (GO,art. 124.)
332. Essential Safeguards
Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmary of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, how- ever, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to the infirmary the perishable goods contained in the parcels.
No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the Present Convention. (GO,avt. 126.)
333. Provisions Applicable to Judicial Proceedings
The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are in the national territory of the Detaining Power. (GC,art 126.)
334. Transfers: Conditions
The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtain- ing for the forces of the Detaining Power in their changes of station. If, asan exceptional measure, such removals have to be effected on foot, they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the neces- sary clothing, adequate shelter and the necessary medical atten- tion. The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them, unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the internees in the said place shall not be transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred.
When making decisions regarding the transfer of internees, the Detaining Power shall take their interests into account and, in particular, shall not do anything to increase the dificulties of repatriating them or returning them to their own homes. (GO,
art. 127.)
335. Transfers: Method
In the event of transfer, internees shall be officially advised of their departure and of their new postal address. Such notifi- cation shall be given in time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal eiTectg and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require, but in no case to less than twenty-five kilograms per internee [55 pounds].
Mail and parcels addressed to their former place of internment shall be forwarded to them without delay.
The commandant of the place of internment shall take, in agreement with the Internee Committee, any measures needed to ensure the transport of the internees’ community property and of the luggage the internees are unable to take with them in con- sequence of restrictions imposed by virtue of the second paragraph.
(GO,art. 128.)
336. Wills and Death Certificates
The wills of internees shall be received for safe-keeping by the responsible authorities; and in the event of the death of an in-ternee his will shall be transmitted without delay to a person whom he has previously designated.
Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made out, showing the causes of death and the conditions under which it occurred.
An o&cial record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall he transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140. (GC,art. 1s.)
337. Burial and Cremation
The detaining authorities shall ensure that internees who die while interned are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, properly maintained, and marked in such a way that they can always be recognized.
Deceased internees shall be buried in individual graves unless unavoidable circumsances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall be retained for safe-keeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request.
As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall forward I& of graves of deceased internees to the Powers on whom the decdd in.. ternees depended, thmugh the Information Bureaux provided for in krticle:136. Such lists shall include all particulars necessary for the identification of the deceased internees, as well as the exaot location of their graves. (80,art. 130.)
338. Internees KiUed or Injurbd in Special Circumstances
a. Treaty P~oaisim.
Every death or serious injury of an internee, caused or sus- pected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official inquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary steps to ensure the prosecution of the person or persons responsible. (GO,art. 131.)
6. Cril~zinaZProsecution. If a criminal prosecution is undertake11 on the facts revealed on preliminary investigation, there need not be any other official inquiry.
339. Release, Repatriation, and Accommodation in Neutral Countries During Hostilities or Occupation
Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the release, the repatriation, the return to places of residence or the accom- modation in a neutral country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and internees who have been detained for a long time. (GO,art. 132.)
340. Release, Repatriation, and Accommodation in Neutral Countries After the Close of Hostilities
Internment shall cease as soon as possible after the close of hostilities.
Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if circumstances require, until the com- pletion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty.
By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostilities, or of the occupation of territories, to search for dispersed internees. (GC, art. 133.)
341. Repatriation and Return to Last Place of Residence
The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their repatriation.

(GO,art. 134.)
342. Costs
The Detaining Power shall bear the expense of returning re- leased internees to the places where they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure.
Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internee’s repatriation. If, however, the internee elects to re- turn to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegience, the Detain- ing Power need not pay the expenses of his journey beyond the point of his departure from its territory. The Detaining Power need not pay the costs of repatriation of an internee who was in- terned at his own request.
If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each.
The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. (GO,art. 135.)
Section VI. INFORMATlON BUREAUS, CENTRAL AGENCY, AND RELIEF SOCIETIES
343. National Bureaus
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall establish an official Infor- mation Bureau responsible for receiving and transmitting infor- mation in respect of the protected persons who are in its power.
Each of the parties to the conflict shall, within the shortest possible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the afore- said Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births, and deaths. (GC, art. 136.)
344. Transmission of Information
Each national Bureau shall immediately forward information concerning protected persons by the most rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers in whose territory they resided, through the intermediary of the Protecting Powers and likewise through the Central Agency pro- vided for in Article 140. The Bureaux shall also reply to all enquiries which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be authenticated by a signature or a seal. (GO,art. 137.)
345. Particulars Required
The information received by the national Bureau and trans- mitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall in- clude at least his surname, first names, place and date of birth, nationality, last residence and distinguishing characteristics, the firstname of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed.
Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week. (GC,art. 138.)
346. Forwarding of Personal Valuables
Each national Information Bureau shall, furthermore be re- sponsible for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statemehts giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables. (GC, art. 13.9.)
347. Central Agency
A Central Information Agency for protected persons, in par- ticular for internees, shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems neces= sary, propose to the Powers concerned the organization of such an Agency, which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12,1949.
The function of the Agency shall be to collect all information of the type set forth in Article 136 which it may obtain through official qr private channels and to transmit it as rapidly as posg sible to the countries of origin or of residence of the persons con- cerned, except in cases where such transmissions might be detri- mental to the persons whom the said information concerns, or to their relatives. It shall receive from the Parties to the conflict all reasonable facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Com- mittee of the Red Cross and of the relief societies described in Article 142. (GC, art. 140.)
348. Exemption From Charges
The national Information Bureau and the Central Informa- tion Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as pos-sible, exemption from telegraphic charges or, at least, greatly reduced rates. (GC, art 142.)
349. Relief Societies and Other Organizations
Subject to the measures which the Detaining Powers may con- sider essential to ensure their security or to meet any other teasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected per- sons, for distributing relief suoplies and material from any source, intended for educational, recreational or religious pur- poses, or for assisting them in organizing their leisure time within the places of internment. Such societies or organizations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their ac- tivities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons.
The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times.
(GC,art. 142.)
350. Supervision
Representatives or delegates of the Protecting Powers shall have permission to go to all places where protected persons are, particularly to places of internment, detention and work.
They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter.
Such visits may not be prohibited except for reasons of impera- tive military necessity, and then only as an exceptional and temporary measure. Their duration and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupying Power, the Protecting Power and, when occasion arises, the Power of origin of the persons to be visited, may agree that compatriots of the internees shall be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties.
(GO,art. 143.)
CHAPTER 6
OCCUPATION
Section I. GENERAL
351. Military Occupation
Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such au- thority has been established and can be exercised. (HE, art. &.)
352. Invasion Distinguished
a. Nature of Invasion. If resistance is offered, the state of inva- sion within any portion of a belligerent’s territory corresponds with the period of resistance. If the invasion is unresisted, the state of invasion lasts only until the invader has talcen firin control of the area with the intention of holding it. Invasion is not necessarily occupation, altllough occupation is normally preceded by invasion and may frequently coincide ~ith it. An invader may attack with naval or air forces or its troops may push rapidly through a large portion of enemy territory without establishing that effective control which is essential to the status of occupation. Small raiding parties or fly- ing columns, reconnaissance detachments or patrols moving through an area cannot be said to occupy it. Occupat.ion, on the other hand, is invasion plus taking firm possession of enemy territory for the purpose of holding it.
5. Application of Law of Occupation. The rules set forth in this chapter apply of their own force only to belligerently occupied areas, but they should, as a matter of policy, be observed as far as possible in areas through which troops are passing and even on the-battlefield.
353. Subjugation or Conquest Distinguished
Belligerent occupation in a foreign war, being based upon the pos- session of enemy territory, necessarily implies that the sovereignty of the occupied territory is not vested in the occupying power. Occu-pation is essentially provisional.
On t.lle other hand, subjugat.ion or conquest implies a transfer of sovereignty, which generally takes the form of annexation and is normally effected by a treaty of peace. TVllen sovereignty passes, belligerent occupation, as such, of course ceases, although the terri- tory may and usually does, for a period at least, coiltinue to be gov-erned tlwougll milit,ary agencies.
354. Friendly Territory Subject to Civil Affairs Administration Distin- guished
Civil affairs administration is that form of administration estab- lished in friendly territory whereby a foreign government pursuant to an agreement, expressed or implied, with the government of the area concerned, may exercise certain authority normally the function of the local government.
Such administration is often established in areas which are freed from enemy occupation. It is normally required when the govern- ment of the area concerned is unable or unwilling to assume full responsibility for its administration. Territory subject to civil affairs administration is not considered to be occupied.
If circumstances have precluded the conclusion of a civil affairs agreement with the lawful government of allied territory recovered from enemy occupation or of other territory liberated from the enemy, military government may be established in the area as a provisional and interim measure (see par. I26 and c). A civil affairs agreement should, however, be concluded with the lawful government at the earliest possible opportunity.
355. Occupation as Question of Fact
Military occupation is a question of fact. It presupposes a hostile invasion, resisted or unresisted, as a result of which the invader has rendered the invaded government incapable of publicly exercising its authority, and that the invader has successfully substituted its own authority for that of the legitimate government in the territory invaded.
356. Effectiveness of Occupation
It follows from the definition that belligerent occupation must be both actual and effective, that is, the organized resistance must have been overcome and the force in possession must have taken measures to establish its authority. It is su5icient that the occupying force can, within a reasonable time, send detachments of troops to make its authority felt within the occupied district. It is immaterial whether the authority of the occupant is maintained by fixed garrisons or fly- ing columns, whether by small or large forces, so long as the occupa- tion is effective. The number of troops necessary to maintain effective occupation will depend on various considerations such as the dis- position of the inhabitants, the number and density of the population, the nature of the terrain, and similar factors. The mere existence of a fort or defended area within the occupied district, provided the fort or defended area is under attack, does not render the occupation of the remainder of the district ineffective. Similarly, the mere existence of local resistance groups does not render the occupation ineffective.
357. Proclamation of Occupation
I11 a strict legal sense no proclamation of military occupation is aeces~ary. However, on account of the special relations established betn-een the inhabitants of the occupied territory and the occupant by rirtue of the presence of the occupying forces, the fact of military occupation, aith the extent of territory affected, should be made knon-n. The pract.ice of the United States is to make this fact knomii by proclamation.
358. Occupation Does Not Transfer Sovereignty
Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occu- pation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sover- eignty. The exercise of these rights results from the established power of the occupant and from the ilecessity of maintaining law and order, indispensable both to the inhabitants and to the occupying force.
It is therefore unlawful for a belligerent occupant to annex occupied territory or to create a new State therein while l~ostilities are still in progress, (See GC, art. 47; par. 365 herein.)
359. Oath of Allegiance Forbidden
It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power. (HR,art. &.)
360. Maintenance of Occupation
Occupation, to be effective, iilust be maintained. 111 case the occn- pant evacuates the district or is driven out by the enemy, the occupa- tion ceases. It does not cease, however, if the occupant, after estab-lishing its authority, moves forward against the enemy, leaving a smaller force to administer the affairs of the district. Nor does the existence of a rebellion or the activity of guerrilla or para-military units of itself cause the occupation to cease, provided the occupant co~lld at any time it desired assume physical control of any part of the territory. If, however, the power of the occupant is effectively displaced for any length of time, its position towards the inhabitants is the same as before occupation.
361. Termination of Occupation
The law of belligerent occupation generally ceases to be applicable under the conditions set forth in paragraphs 353 and 360. However, with respect to the provisions of GC alone, Article 6 of that Con- vention provides :
In the case of occupied territory, the application of the present Convention shall cease one year after the gene~al close of military operations; however, the Occupying Power shall be
bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Conven- tion; 1to 12, 27, 29 to 34, 47, 49, 51, 52, 53,59, 61 to 77, 143.
Protected persons whose release, repatriation or re-establish- ment may take place after such dates shall meanwhile continue to benefit by the present Convention. (GC, nj2t.6, Sd and 4th pars.)
Section II. ADMINISTRATION OF OCCUPIED TERRITORY
362. Necessity for Military Government
Military government is the form of adininistration by which an occupying power exercises governmental authority over occnpiecl territory. The necessity for such governinent arises from t.he failure or illability of the legitimate government to exercise its functioils oil account of the military occupation, or the undesirability of allowing it to do so. (See par. 12, which discusses military government, and par. 354, dealing wit11 civil affairs administration.)
363. Duty to Restore and Maintain Public Order
The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the meas- ures in his power to restore. and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. (HR,art. @.)
364. Occupation Costs
The economy of an occupied country can only be required to bear the expenses of the occupation, and these should not be greater than the economy of the country can reasonably be expected to bear.
365. Inviolability of Rights
Protected persons who are in occupied territory shall not be deprived, in any ease or in any manner whatsoever, of the bene- fitsof the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Oc-cupying Power, nor by any annexation by the latter of the whole or part of the occupied territory. (GO, art. 47.)
366. Local Governments Under Duress and Puppet Governments
The restrictions placed upon the authority of a belligerent gov- ernment cannot be avoided by a system of using a puppet govern- ment, central or local, to carry out acts whic.11 would be unlamful if performed directly by the occupant. Acts induced or compelled by the occupant are nonetheless its acts.
367. Functions of Government
a. Paranzozvnt Authority of Occupant. The functions of the hostile government-whether of a general, provincial, or local character-continue only to the extent they are sanctioned by the occupant.
6. Functions of Local Governmnt. The occupant may, while retaining its paramount authority, permit the government of the country to perform some or all of its normal functions. It may, for example, call upon the local authorities to administer designated rear areas, subject to the guidance and direction of the occupying power. Such action is consistent with the status of occupation, so long as there exists the fim possession and the purpose to maintain para- mount authority.
368. Nature of Government
It is immaterial whether the government over an enemy’s territory consists in a military or civil or mixed administration. Its character is the same and the source of its authority the same. It is a govern- ment imposed by force, and the legality of its acts is determined by the law of war.
369. Local Law and New Legislation
The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by’ the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Con- vention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.
The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligation under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the mem- bers and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them. (GC, art. 64.)
370. Laws in Force
In restoring public order and safety, the occupant will continue in force the ordinary civil and penal (criminal) laws of the occupied territory except to the extent it may be authorized by Article 64, GC (par 369), and Article 43, HR (par. 363), to alter, suspend, or repeal such laws (see also HR art. $3 (h) ;par. 372 herein; and GC, art. 61; par. 418 herein). These laws will be administered by the local officials as far as practicable. Crimes not of a military nature and not affecting the occupant’s security are norinally left to the jurisdictioll of the local courts.
371. Nature of Laws Suspended or Repealed
The occupant may alter, repeal, or suspend lam of the follo~ing types :
a. Legislation constituting a threat to its security, such as laws relating to recruitment and the bearing of arms.
6. Legislation dealing IX-it11 political process, such as laws regarding the rights of suffage and of assembly.
c. Legislation the enforcement of whic11 n-ould be inconsistellt with the duties of the occupant, such as laws establishing racial clis- crimination.
372. Prohibition as to Rights and Rights of Action
It is especially forbidden * * * to declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. (HR, art. $3, pnr. (h).)
373. Suspension of Ordinary Courts
The ordinary courts of justice should be suspended only if:
a. Judges and magistrates abstain from fulfilling their functioils (mGC,art. 64; par. 422 herein) ;or
6. The courts are corrupt or unfairly co~lstituted; or
c. Local judicial adnlinistration has collapsed during the hostilities preceding the occupation and the occupant must set up its own courts to ensure that offenses against the local laws are properly tried.
In such cases, the occupant may establish courts of its own aild make this measure known to the inhabitants.
374. Immunity of Occupation Personnel From Local Law
Military and civilian personnel of the occupyiilg forces and occn- pation administratioil and persons accompanying them are not subject to the local law or to the jurisdiction of the local courts of the occupied territory unless expressly made subject thereto by a competent officer of the occupying forces or occupation administration. The occupailt should see to it that an appropriate system of substantive lam applies to such persons and that tribunals are in existence to deal with civil litigation to which they are parties and with offenses committed by them.
375. Freedom of Movement
The occupant nlay withdraw from individuals the right to change their residence, restrict freedom of internal movement, forbid visits to certain districts, prohibit enligation ancl inlmigration (but see GO, art. t.;par. 381 herein), and require that all individuals carry identification docrrments.
376. Commercial Restrictions
The occupant has the right to regulate conlmercial intercourse in the occupied territory. It may subject such intercourse to such pro- hibitions and restrictions as are essential to the purposes of the occupation. The commander of the occupying, f orces ‘will usually find it advisable to forbid intercourse between the occupied territory and the territory still in the possession of the enemy.
377. Censorship
The belligerent occupant may establish censorship of the press, radio, theater, motion pictures, and television, of correspondence, and of all other means of communication. It may prohibit entirely the publication of newspapers or prescribe regulations for their pub- lication and circulation. The occupant is not required to furnish facilities for postal service, but may take charge of them itself, es- pecially if the officials of the occupied district fail to act or to obey its orders.
378. Means of Transportation
The belligerent occupant exercises authority over all means of transportation, both public and private, within the occupied district, and may seize them and regulate their operation.
Section Ill. RIGHTS OF THE POPULATlON OF OCCUPIED TERRITORY
379. Other Provisions of Law
Articles 27-34, GC (pars. 266-273), apply to occupied territory and should be read together with the provisions of this section.
380. Respect for Human Rights
Family honour and rights; the lives of persons, and private property, as well as religious convictions and practice, must be respected. (NR,art. 46,Ist par.)
381. Special Cases of Repatriation
,
Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the. Oc- cupying Power shall establish in accordance with the said Article. (GO, art. 48.)
382. Deportations, Transfers, Evacuations
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacua- tions shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the se- curity of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. (GC, art. 49.)
383. Children
The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institu-tions devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parent- age. It may not, in any case, change their personal status, nor enlist them in formatiens or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, lan- guage and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be ade- quately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with Article 136shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protec- tion against the effects of war, which may have been adopted prior to the occupation in favour of children under fifteen years, ex-
pectant mothers, and mothers of children under seven years. (GC,art. 50.)
384. Food and Medical Supplies for the Population
a. Treaty Provision.
To the fullest extent of the means available to it, the Occupy- ing power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.
* * * * * * *
The Protecting Power shall, at any time, be at libertg to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by im- perative military requirements. (GO,art. 66,Ist and 3d pars.)
6. Other Articles To Be Supplied. The other articles which the oecupant is required to provide under the above provision include all urgently required,goods which may be essential to the life of the territory.
385. Hygiene and Public Health
To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the co- operation of national and local authorities, the medical and hos- pital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epi- demics. Medical personnel of all categeries shall be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the com- petent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recog- nition provided for in Article 18. In similar circumstances, the occupying auhorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their imple- mentation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occu- pied telritory. (GO,art. 56.)
386. Requisition of Hospitals
The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable
arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hos- pital accommodation.
The material and stores of civilian hospitals cannot be requis- tioned so long as they are necessary for the needs of the civilian population. (GO, art. 57.)
387. Spiritual Assistance
The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities.
The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory. (GO,art. 68.)
Section IV. RELIEF
388. Collective Relief
If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to re- lief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal.
Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.
A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these con- signments are to -be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power. (GC, art. 59.)
389. Responsibilities of the Occupying Power
Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55, 56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, ex- cept in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power. (GC, art. 60.)
390. Distribution
The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupyihg Power and the Protecting Power, to a neutral Power, to the Interna- tional Committee of the Red Cross or to any other impartial humanitarian body.
Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consign- ments.
All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories. (GO, art. 61.)
391. Individual Retief
Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them. (GO,art. 63.)
392. National Red Cross and Other Relief Societies
Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power:
(a)recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humani- tarian activities under similar conditions ;
(b) the Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities.
The same principles shall apply to the activities and personnel of special organizations of a non-military character, which al-ready exist or which may be established, for the purpose of en- suring the living conditions of the civilian population by the maintenance of the essential public utility services, by the dis- tribution of relief and by the organization of rescues. (GO,
art. 63.)
Section V. TREATMENT OF ENEMY PROPERTY
393. Destruction and Seizure of Property
a. Prohibition.
It is especially forbidden * * * to destroy or seize the enemy’s
property, unless such destruction or seizure be imperatively demanded by the necessities of war. (HR, art. 23,par. (g).)
6. Occupying Power.
Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or co- operative organizations, is prohibited, except where such de- struction is rendered absolutely necessary by military operations. (GO,art. ’03.)
c. Genera2 Devastation. See paragraph 56.
394. Determination Whether Property Is Public or Private
a, Bene@z’aZ Owner8hip. Under modern co~lditions, the distinc- tion between public and private property is nat always easy to draw. For the purpose of treatment of property under belligerent occupa- tion, it is often necessary to look beyond strict legal title and to as-certain the character of the property oil the basis of the beneficial ownership thereof. Thus, for example, trust funds, pehsion funds, and bank deposits generzted by private .I>ersons ape not to be regarded as public property sinlply by reasbn of their being held by a State-owned bank.
6. Property of Xxed 0tcnership. For the purposeof determining what type of control the occupant may exercise over property (by way of confiscation, seizure, requisition, ete.),the most aogent .evidence of public character is such a complete or partial assumption by the State ~f the economic risk iilvolved in the holdingZand management of the property in question that the State, rather than private individuuls or corporatioc, would be subjected to a substantial portion of the loss were the property to be appropriated for the use of the mupant. Should property which is ostensibly private be subjected to a large measure of governmental control and. management or perform func- tions which are essentially public, these facts would tend to indicate that the property should be regarded in practice as public.
If property which is appropriated by the occupant is beneficially owned in part by the State and in part by private interests, the wcu- pation authorities should compensate the private owners to the extent of their interest. Such compensation should bear the same relatioa- ship to the full con~pellsation which would be paid if the property were entirely privately owned as their interest bears to the total value of the property concerned. The occupant may take what measures it dwms necessary to assure thak no nortion of the compensat.ion paid on account of prkate interests accrues to the State.
c. Property of Unknown Ownership. If it is unknown whether certain propert& is public or private, it should be treated as public property until its ownership is ascertained.
395. Seized Property
Valid capture or seizure of pl-operty requires both an intent to take such action and a physical act of capture or seizure. The mere presence within occupied territory of property which is subject to appropriation under international law does not operate to vest title thereto in the occupant.
396. Title to Captured or Seized Enemy Property
Public property captured or seized from the enemy, as well as private property validly captured on the battlefield and abandoned property, is property of the United States (see U. S. Omt., Art. I, see. 8, el. U),and failure to turn over such property to the proper authorities or disposal thereof for personal profit is a violation of Article 103of the Uniform Code of Military Justice.
397. Pillage
a. Treaty Provision.
Pillage is formally forbidden. (ER, art. 47.) (See also HR, art. 28;par. 47 herein; GO, art. $3; par. 272 herein.)
6. Violation of military law. A member of the armed forces who before or in the presence of the enemy quits his place of duty to plunder or pillage is guilty of the offense of misbehavior before khe enemy. ( UCMJ, Art. 99 (6).)
398. Private Gain by OtRcen and Soldiers
Neither officers nor soldiers of the United States are allowed to make use of their position or power in the hostile country for private gain, not even for commercial transactions otherwise legitimate.
399. Property Control
Property within occupied territory may be controlled by the occu- pant to the degree necessary to prevent its use by or for the benefit of the hostile forces or in a manner harmful to the occupant. Con-servators may be appointed to manage the property of absent persons (including nationals of the United States and of friendly States) and of internees, property managed by such persons, and property of persons whose activities are deemed to be prejudicial to the occupant. However, when the owners or managers of such property are again able to resume control of their property and the risk of its hostile use no longer exists, it must be returned to them.
Measures of property control must not extend to confiscation. Hom- ever, the authority of the occupant to impose such controls does not limit its power to seize or requisition property or take such other action with respect to it as may be authorized by other pmyisions of law.
400. Real Property of a State
The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct. (HR, art. 65.)
401. State Real Property Susceptible of Direct Military Use
Real property of a State which is of direct military use, sucli as forts, arsenals, dockyards, magazines, barracks, railways, bridges, piers, wharves, airfields, and other military facilities, remains in the hands of the occupant until the close of the war, and may be destroyed or damaged, if deemed necessary to military operations.
402. Occupant’s Disposition of Real Property of a State
Real property of the enemy State which is essentially of a lion- military nature, such as public buildings and offices, land, forests, parks, farms, and mines, may not be damaged or destroyed unless such destruction is rendered absolutely necessary by military operations (see Art. 63, GC; par. 393 herein). The occupant does not have the right of sale or unqualified use of such property. As administrator or usufructuary he should not exercise his rights in such a wasteful and negligent manner as seriously to impair .its value. He may, how- ever, lease or utilize public lands or buildings, sell the crops, cut and sell timber, and work the mines. The term of a lease or contract should not extend beyond the conclusioil of the war.
403. Movable Property of a State
An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, dep6ts of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for operations of the war.
All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval laws, dep8ts of arms, and, generally, all kinds of ammunition of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made. (HR, art. 63.)
404. Classes of Movable Property
All movable property belonging to the State susceptible of military use may be taken possessioii of and utilized for the benefit of the occu-pant’s government. Under modern conditions of warfare, a large proportion of State property niay be regarded as capable of being used for military purposes. However, movable property which is not sus-ceptible of military use must be respected and cannot be appropriated.
405. Municipal, Religious, Charitable, and Cultural Property
a. Treaty Provision.
The property of municipalities, that of institutions’ dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.
All seizure or destruction of, or wilful damage to, institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.
(EIR,art. 66.)
6. Use of Such Premises. The property included in the foregoing rule may be requisitioned in case of necessity for quartering the troops and the sick and wounded, storage of supplies and material, housing of vehicles and equipment, and generally as prescribed for private property. Such property must, however, be secured against all avoid- able injury, even when located in fortified places which are subject to seizure or bombardment.
c. Relig2’0~9 Buildings, Shrines, and Consecrated Places. In the practice of the United States, religious buildings, shrines, and conse- crated places employed for worship are used only for aid stations, medical installations, or for the housing of mounded personnel await- ing evacuation, provided in each case that a situation of emergency requires such use.
406. Private Property: General
a. Treaty Provision.
Private property cannot be confiscated. (BE,art. 46, ad par.)

6. Prohibited Acts. The foregoing prohibition extends not only to outright taking in violation of the lam of war but also to any acts which, through the use of threats, intimidation, or pressure or by act- ual exploitation of the power of the occupant, permanently or tem- porarily deprive the owner of the use of his property without his consent or without authority under international law.
407. Private Real Property
Immovable private enemy property may under no circumstances be seized. It may, however, be requisitioned (see par. 412).
408. Private Movable Property Susceptible of Direct Military Use
See Article 53, HR (par. 403).
409. Receipts
If private property is seized in conformity with the preceding para- graph, a receipt therefor should be given the owner or a record made of the nature and quantity of the property and the name of the owner or person in possession in order that restoratioil and compensation nlay be made at t.he conclusion of the war.
410. Types of Private Property Susceptible to Direct Military Use
a. Seizure. The rule stated in the foregoing paragraph includes everything susceptible of direct military use, such as cables, telephone and telegraph plants, radio, television, and telecon~mm~ications
equip-ment, illotor vehicles, railways, railway plants, port facilitie~, ships in port, barges and other watercraft, airfields, aircraft, depots of arms, whether military or sporting, documents connected with the war, all varieties of illilitary equipment, including that in the hands of n~anufacturers, component parts sf or material suitable oilly for use in the foregoing, and in general all kinds of wilr material.
6. Destruction. The destn~ction of the foregoing property and all dainage to the same is justifiable only if it is rendered absolutely nec- essary by military operations. (See GC, art. 53; par. 3936 herein.)
411. Submarine Cables
a. Treaty Provision.
Submarine cables connecting an occupied territory with a neu- tral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and com- pensation fixed when peace is made. (HR,art. 54.)
6. Application. The foregoing provision applies only to activities on land and does not deal with seizure or destruction of cables in the open sea.

412. Requisitions
a. Treaty Provision.
Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part in operations of the war against their country.
Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied.
Contributions in kind shall, as far as possible, be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible. (HE,art. 52:)
6. What May Be Repu&itioned. Practically everything may be reqnisitioaed under this article that is necessary for the maintenance of the army, such as fuel, food, clothing, building materials, ma-chinery, tools, vehicles, furnishings for quarters, etc. Billeting of ti.oops in occupied areas isalso authorized.
413. Requisitioning of Foodstuffs and Medical Supplies
The Occupying Power may not requisition foodstuffs, articks or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other in- ternational Conventions, the Occupying Power shall make ar- rangements to ensure that fair value4% paid for any requisitioned goods. (GO,art. 65, 2% par.)
414.
Requisition of Hospitals See Article 57,GC (par. 386).

415. Method of Requisitioning

Requisitions must be made under the authority of the commander in the locality. No prescribed method is fixed, but if practicable re- quisitions should be accomplished through the local authorities by systematic collection in bulk. They may be made direat by detach-ments if local authorities fail or if circumstances precldde resort to such authorities.
416. Prices and Compensation for Requisitioned Articles and Services
The prices of articles and services requisitioned will be fixed by agreement if possible, otherwise by military authority. Receipts should be taken up and compensation paid promptly.
417. Method of Enforcing Requisition
Coercive measures will be limited to the amount and kind necessary to secure the articles requisitioned.
Section VI. SERVICES OF INHABITANTS AND OF OFFlClALS
418. Labor of Protected Persons
The Occupying Power map not compel protected persons to serve in its armed or auxiliaty forces. No pressure or propa- ganda which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility sefviees, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obliga- t-ion of taking part in military operations. The Occupying Power map not com8pel protected persons to employ forcible means to ensure the security of the installations where they are perform- ing compulsory labour.
The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country con- cerning working conditions, and safeguards as regards, in par- ticular, such matters as wages, hours of work, equipment, prelimi- nary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character. (GO,art. 61.) (See also EIR, art. 2?3,2d par.; par. 32 herein.)
419. Services Which May be Requisitioned
The services which may be obtained from inhabitants by requisition include those of professional men, such as engineers, physicians and nurses and of artisans and laborers, such as clerks, carpenters, butch- ers, bakers, and truck drivers. The officials and employees of rail- ways, trucklines, airlines, canals, river or coastwise steamsl~ip com- panies, telegraph, telephone, radio, postal and similar services, gas, electric, and water works, and sanitary authorities, whether employed by the State or private companies, may be requisitioned to perform their professional duties only so long as the duties required do not directly concern the operations of war against their own country. The occupant may also requisition labor to restore the general condi- tion of the public works to that of peace, including the repair of roads, bridges, and railways, and to perform services on behalf of the local population, such as the care of the wounded and sick and the burial of the dead.
420. Prohibited Labor
The prohibitioil against forcing the illhabitants to take part in mili- tary operations their own count.ry precludes requisitioning their services upon works directly promoting the ends of the war, such as const~ruction of fortifications, entrenchments, and military air- fields or the transportation of supplies or ammunition in the zone of operations. There is no objection in law to their being employed vol- untarily and for pay in such work.
421. Protection of Workers
No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power’s intervention.
All measures aiming at creating unemployment or at restrict-ing the opportunities offered to workers in an occupied territory; in order to induce them to work for the Occupying Power, axe prohibited, (GC, art. 62.)
422. Judges and Public Officials
The Occupying Power may not alter the status of public offi- cials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience.
This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the 0c- cuyying Power to remove public officials from their posts. (GC, art. 64.)
423. Oath of Officials
The occupant may require such o5cials as are continued in their offices to take an oath to perform their duties conscientiously and not to act to its prejudice. Every such official who declines to take such oath may be removed; but, whether he does so or not, he owes strict obedience to the occupant as long as he remains in office.
424. Salaries of OfRcials
The salaries of civil officials of the hostile government who remain in the occupied territory and continue the work of their offices, es- pecially those who can properly continue it under the circumstances arising out of the war-such asjudges, administrative or police officers, officers of city or communal governments-are paid from the public revenues of the occupied te~ritory, until the military government has reason wholly or partially to dispense with their services. Salaries or incomes connected with purely honorary titles are always suspended.
Section VII. PUBLIC FINANCE
425. Taxes
a. Treaty Provision.
If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.
(HR,art. @.)
6. ,8urplus. The first charge upon such taxes is for the cost of the administration of the occupied territory. The balance may be used for the purposes of the occupant.
426. Changes in Taxes
a.
When Existing Rules May Be Disregarded. If, due to the flight or unwillingness of the local officials, it is impracticable to follow the rules of incidence and assessment in force, then the total amount of taxes to be paid may be allotted among the districts, towns, etc., and the local authorities required to collect it.

b.
New Tmes. Unless required to do so by considerations of public order and safety, the occupant must not create new taxes.

427. Taxes Collected by Local Authorities
The words “for the benefit of the State” were inserted in the fore- going article (HA?,art. 48; par. 425 herein) to exclude local taxes, dues, and tolls collected by local authorities. The occupant may super- vise the expenditure of such revenue and prevent its hostile use.
428. Contributions
a. Treaty Provision.
If, in addition to the taxes mentioned in the above Article, the occupant levies other money contributions in the occupied terri- tory, this shall only be for the needs of the army or of the admin- istration of the territory in question; (ER, art. 4.9.)
b. Prohibited Purposes. Contributions may not be levied for the enrichment of the occupant, for the payment of war expenses gen- erally, or for other than the needs of the occupying forces and the administration of the occupied territory.
429. Methods of Levying Contributions
No contribution shall be collected except under a written order, and on the responsibility of a Commander-in-chief.
The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and in- cidence of the taxes in force.
For every contribution a receipt shall be given to the contrib- utors. (BE,art. 61.)
430. Currency and Exchange Controls
The occupying power may leave the local currency of the occupied area in circulation. It is also authorized to introduce its own currency or to issue special currency for use only in the occupied area, should the introduction or issuance of such currency become necessary. The occupant may also institute exchange controls, including clearing arrangements, in order to conserve the monetary assets of the occu- pied territory. Such measures must not, however, be utilized to en- rich the occupant or otherwise circumvent the restrictions placed on requisitions, contributions, seizures, and other measures dealing with property. Intentional debasement of currency by the establishment of fictitious valuation or exchange rates, or like devices, as well as failure to take reasonable steps to prevent inflation, are violative of international law.

431. Expropriation of Property for Local Benefit
In order to ensure public order and safety, as required by Article 43, HR, (par. 363) an occupant is authorized to expropriate either public or private property solely for the benefit of the local popu- lation. The occupant is obliged, unless absolutely prevented, to respect the laws in force in the occupied area in so doing.
Section VIII. SECURITY OF THE OCCUPANT: PENAL LEGISLATION AND PROCEDURE
432. Enforcement of Obedience
Subject to the restrictions imposed by international law, the occu- pant can demand and enforce from the inhabitants of occupied terri- tory such obedience as may be necessary for the security of its forces, for the maintenance of law and order, and for the proper administra- tion of the country. Itisthe duty of the inhabitants to carry on their ordinary peaceful pursuits, to behave in an absolutely peaceful manner, to take no part whatever in the hostilities carried on, to re-frain from all injurious acts toward the troops or in respect to their operations, and to render strict obedience to the orders of the occu- pant. As to neutrals resident in occupied territory, see paragraphs

547-551.
433. Security Measures
a. Treaty Provlisivn.
If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up by the said Power.
Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention. (GO, art. 78.)
6. Function of Cmpetent Body. “Competent bodies” to review the internment or assigned residence of protected persons may be created with advisory functions only, leaving the final decision to a high official of the Government.
434. Penal Legislation
See paragraphs 369-371, regarding penal legislation which may be repealed or suspended and legislation which may be promulgated by the occupant.
435. Publication
a. Treaty Provision.
The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought te the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive. (GC, art. 65).
b. Form of Publicath. The penal provisions referred to in the foregoing article must be promulgated in written form. It is not sufficient that they be announced by radio or loudspeakers.
436. Competent Courts
In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64, the Occupying Power may hand over the accused to its properly constituted. non- political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country. (GO, art. 66.)
437. Applicable Law
The courts shall apply only those provisions of law which were applicable prior to the offence,. and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence. They shall take into consideration the fact that the accused is not a national of the Occupying Power. (GO,art. 67.)
438. Penalties
a. Treaty Prov.isiun.
Protected persons who commit an offence which is solely in- tended to harm the Occupying Power, but which does not con- stitute an attempt on the life or limb of members of the ~ccupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or ad- ministration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving pro- tected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, or serious acts of sabotage against the military in- stallations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is nbt bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence. (GC, apt. 68.)
6.
Reservation as to Death Pemlty. The United States has re- served the right to impose the death penalty in accordance with the provisions of Article 68, 2d paragraph, without regard to whether the offenses referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins.

c.
Other Offemes and Penalties. The foregoing article does not preclude the imposition of penalties, such as fines, not depriving the protected person of liberty. Acts in violation of the laws promulgated by the Occupying Power which are not solely intended to harm that Power, as, for example, traveling without a permit or violating ex- change control regulations, are also punishable by internment or im- prisonment or other penalties depriving the protected person of liberty.

439. Deduction From Sentences of Period Spent Under Arrest
In all cases, the duration of the period during which a pro-tected person accused of an offence is under arrest awaiting trial ‘ or punishment shall be deducted from any period of imprisonment awarded. (GO,art. 69.)
440. Offenses Committed Before Occupation
Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions ex- pressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war.
Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace. (GC, art. 70.)
441. Penal Procedure
No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, te obtain infor- mation regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings insti- tuted by the Occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars :
(a)
description of the accused;

(b)
place of residence or detention;

(d)
‘designation of the court which will hear the case;

(e)
place and date of the first hearing. (GO, art. 71.)

442. Right of Defense
Accused persons shall have the right to present evidence neces- sary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.
Failing a choice by the accused, the Protecting Power may pro- vide him with an advocate or counsel. When an accused person has to meet a serious charge and the Protecting Pewer is not func- tioning, the Occupying Power, subject to the consent of the ac- cused, shall provide an advocate or counsel.
Accused persons shalI, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have the right at any time to object to the interpreter and to ask for his replace ment. (GO, art. 78.)
443. Right of Appeal
A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power. (GO, art. 73.)
444. Assistance by the Protecting Power
Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the in- terests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevent grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notigcation made under Article 71, and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgments other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonmeht
of two years or more, shall not run until notification of judgment has been received by the Protecting Power. (GO,art. 74.)
445. Death Sentence
In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a period of at least six months from the date of receipt by the Protecting Power of the notification of the final judgment con-firming such death sentence, or of an order denying pardon or reprieve.
The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circum- stances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences. (GC, art. 75.)
446. Treatment of Detainees
Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be suf- ficient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occupied country.
They shall receive the medical attention required by their state of health. They shall also have the right to receive any spiritual assistance which they may require. . Women shall be confined in separate quarters and shall be under the direct supervision of women. Proper regard shall be paid to the special treatment due to minors.
Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the In- ternational Committee of the Red Cross, in accordance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel monthly. (GO,art. 76.)
447. Close of Occupation
Protected persons who have been accused of offences or con- victed by the courts in occupied territory, shall be handed over
at the close of occupation, with the relevant records, to the au- thorities of the liberated territory. (GO, art. 77.)
448. Penalty for Individual Acts of Inhabitants
No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally respon- sible. (BR,art. 60.) (Seealso GO, art. 33; par. 272 herein.)
CHAPTER 7
NONHOSTILE RELATIONS OF BELLIGERENTS
Section I. GENERAL
449. Nonintercourse
All intercourse between the territories occupied by belligerent armies, whether by traffic, communication, travel, or in any other way, ceases. This is the general rule to be observed without special proclamation.
450. Exceptions to Rule
Exceptions to this rule, whether by safe-conduct, license to trade, exchange of mails, or travel from one territory into the other, are made on behalf of individuals only with the approval of the Government or the highest military authority,,
451. Forms of Nonhostile Relations of Belligerents
The conduct of war and the restoration of peace require certain nonhostile relations between belligerents. These relations are con- ducted through parlementaires, military passports, safe-conducts, safeguards, cartels, capitulations, and armistices.
452. Communication Between Belligerent States and Armies
I
One belligerent may communicate with another directly by radio, through parlementaires, or in a conference, and indirectly through
a.Protecting Power, a third State other than a Protecting Power, or the International Committee of the Red Cross.
453. Good Faith Essential
It is absolutely essential in all nonhostile relations that the most scrupulous good faith shall be observed by both parties, and that no advantage not intended to be given by the adversary shall be taken.
Section II. MILITARY PASSPORTS, SAFE-CONDUCTS
AND SAFEGUARDS

454. General
Persons within an area occupied by a belligerent may be protected from molestation or interference through military passports, safe- conducts, add safeguards. These devices are a matter of international law only when granted or posted by arrangement with the enemy.
455. Military Passporl
A military passport is a document issued by order of a commander of belligerent forces, authorizing a person or persons named therein, residing or sojourning within territory occupied by such forces, to travel unmolested within such territory, with or without permission to pass, or to pass and return, by designated routes, through the lines, subject to such further conditions and limitations as the commander may prescribe.
456. Safe-Conduct
a. General. Documents like passports, issued by the same author- ity and for similar purposes, to persons residing or sojmmhg outside of the occufiecE areas, who desire to enter and remain within or pass through such areas, are called safe-conducts. Similar documents, issued by the same authority, to persons residing within or without the occupied areas, to permit them to carry specified goods to or from designated places within those areas, and to engage in trade otherwise forbidden by the general rule of nonintercourse, are also called safe- conducts. Safe-conducts for goods in which the grantee is given a continuing right for a prescribed period, or until further orders, to engage in the specified trade, are sometimes called licenses to trade.
6. Safe-Conduct8 for Ambassa&oTs and Diplomatic Agents. Am-bassadors and other diplomatic agents of neutral powers, accredited to the enemy, may receive safe-conducts through the territories occupied by the belligerents, unless there are military reasons to the contrary and unless they may reach the place of their destination con- veniently by another route. There is, however, no legal requirement that such safe-conducts be issued. Safe-conducts of this nature are usually given by the supreme authority of the State and not by subordinate officers.
457. Safeguard
A safeguard is a detachment, guard, or detail posted by a comman- der for the protection of persons, places, or property of the enemy, or of a neutral. The term also includes a written order left by a com- mander with an enemy subject or posted upon enemy property for the protection of the individual or property concerned. It is usually di- rected to the succeeding commander and requests the grant of pro- tection. The effect of a safeguard is to pledge the honor of the na- tion that the person or property shall be respected by the national armed forces. The violation of a safeguard is a grave violation of the law of war and, if committed by a person subject to the Uniform Coda of Military Justice, is punishable under Article 102 thereof with death or such other punishment as a court-martial may direct.
Soldiers on duty as safeguards occupy a protected status. They may not be attacked, and it is-customary to send them back, together with their equipment and arms, to their own army when the locality is occupied by the enemy and as soon as military exigencies permit.
Section Ill. PARLEMENTAIRES
458. Negotiations Between Belligerents
In the past, the normal means of initiating negotiations between belligerents has been the display of a white flag. In current practice, radio messages to the enemy and messages dropped by aircraft are becoming increasingly important as a prelude to conversations be- tween representatives of the belligerent forces.
The white flag, when used by troops, indicates a desire to commu- nicate with the enemy. The hoisting of a white flag has no other signification in international law. It may indicate that the party hoisting it desires to open communication with a view to an armistice or a surrender. If hoisted in action by an individual soldier or. a small party, it may signify merely the surrender of that soldier or party. It is essential, therefore, to determine with reasonable cer- tainty that the flag is shown by actual authority of the enemy com- mander before basing important action upon that assumption.
The enemy is not required to cease firing when a white flag is raised. To indicate that the hoisting is authorized by its commander, the appearance of the flag should be accompanied or followed promptly by a complete cessation of fire from that side. The commander au- thorizing the hoisting of the flag should also promptly send a .parle- mentaire or parlementaires.
459. Parlementaires
Parlementaires are agents employed by commanders of belligerent forces in the field, to go in person within the enemy lines, for the pur- pose of communicating or negotiating openly and directly with the enemy commander.
460. Inviolability of Parlementaire
A person is regarded as a parlementaire who hap been au- thorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drum- mer, the flag-bearep and the interpreter who may accompany him. (ER,art. 39.)
461. Fire Not To Be Directed on the Parlementaire
Fire should not be intentionally directed on parlementaires or those accompanying them. If, however, the parlementaires or those near them present themselves during an engagement and are killed or wounded, it furnishes no ground for complaint. It is the duty of the parleinentaire to select a propitious moment for displaying his flag, such as during the intervals of active operations, and to avoid danger- ous zones by making a detour.
462. Credentials of Parlementaire
Parlementaires must be duly aut.horized in a written instrunlellt signed by the commander of the forces.
463. Reception of Parlementaire
The commander to whom a parlementaire is sent is not in all cases obliged to receive him. He may take all the necessary steps to prevent the parle- mentaire taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the parlementaire temporarily. (BR,art. 33.)
464. Conditions for Receipt of Parlementaire
A commander may declare the formalities and conditions upon which he will receive a parlementaire and fix the hour and place at which he must appear. The present rule is that a belligerent may not declare beforehand, ‘even for a specified period–except in case of reprisal for abuses of the fiag of truce-t.hat he will not receive par- lementaires. An unnecessary repetition of visits need not be allowed.
While within the lines of t.he enemy, the parlementaire must obey all instructions given him. He may be required to deliver his mes- sage to a subordinate of the commander.
465. Detention of Parlementaire
In addition to the right of detention for abuse of his position, a parlementaire may be detained in case he has seen anything or ob- tained knowledge which may be detrimental to the enemy, or if his departure would reveal information on the movement of troops. He should be detained only so long as circumstances imperatively de- mand, and information should be sent at once to his commander as to such detention, as well as of any other action taken against him or against his party.
466. Loss of lnvio~abilit~
The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he hastaken advantage of his privileged position to provoke or commit an act of treachery. (HR, art. 3.4.)
467. Abuse of Flag of Truce
It is an abuse of the flag of truce, forbidden as an improper ruse under Article 23 (f), HR (par. 52), for an enemy not to halt and cease firing while the parlementaire sent by him is advancing and being received by the other party ;likewise, if the flag of truce ismade use of for the purpose of inducing the enemy to believe that a parle- mentaire is going to be sent when no such intention exists. It is also an abuse of a flag of truce to carry out operations under the protec- tion accorded by the enemy to it and those accompanying it. An in- dividual or a party acts treacherously in displaying a white flag indicative of surrender as a ruse to permit attack upon the forces of the other belligerent. An abuse of a flag of truce may authorize a resort to reprisals.
468. Neutral Areas
If it is anticipated that negotiations between belligerents may be prolonged, a neutralized area may by agreement of the parties be set aside for the site of the negotiations. The belligerents may apee that no combat activity will take place within or over the area and that forces will be detailed to maintain the security of the area. The area designated as neutral on maps interchanged by representatives of the belligerents may be marked with searchlights, balloons, and other devices to insure that it will not be attacked.
Section IV. CARTELS
469. Cartels
In its narrower sense, a cartel is an agreement entered into by belligerents for the exchange of prisoners of war. In its broader sense, it is any convention concluded between belligerents for the purpose of arranging or regulating certain kinds of nonhostile intercourse other- wise prohibited by reason of the existence of the war. Both parties to a cartel are in honor bound to observe its provisions with the most scrupulous care, but it is voidable by either party upon definite proof that it has been intentionally violated in an important particular by the other party. (See par. 197.)
Section V. CAPITULATIONS
470. Capitulation Defined
A capitulation is an agreement entered into between commanders of belligerent forces for the surrender of a body of troops, a fortress, or other defended locality, or of a district of the theater of operations. A surrender may be effected without resort to a capitulation.
471. Military Honor in Capitulations
Capitulations agreed upon between the contracting parties must take into account the rules of military honour. Once settled, they must be scrupulously observed by both par- ties. (HR, art. 35.)
472. Powers of Commanders
Subject to the limitations hereinafter indicated, the commander of a body of troops is presumed to be duly authorized to enter into capitulations. In the case of a commander of a military force of the United States, if continued battle has become impossible and he can- not communicate with his superiors, these facts will constitute proper authority to surrender. If a commander of military forces of the United States surrenders unnecessarily and shamefully or inviolation of orders from highpr authority, he is liable to trial and punishment (see UCiKJ,Art. 99 ($2) ). The fact that any commander surrenders in violation of orders or the lam of his own State does not impair the validity of the surrender. A commanding officer’s powers do not ex- tend beyond the forces and territory under his command. Unless so authorized by his government, he does not possess power to bind his government to a permanent cession of the place or places under his command, or to any surrender of sovereignty over territory, or to any cessation of hostilities in a district beyond his command, or to agree to terms of a political nature or such as will take effect after the termination of hostilities.
473. Surrenders Concluded by Political Authorities
The surrender of a place or force may also be arranged by the politi- cal authorities of the belligerents without the intervention of the military authorities. In this case the capitulation may contain other than military stipulations.
474. Form of Capitulat1o.t~
There is no specified form for capitulations. They may be con- eluded either orally or in writing, but in order to avoid disputes, they should be reduced to writing. The agreement should contain in precise terms every condition to be observed on either side, excepting such con- ditions as are clearly imposed by the laws of war. Details of time and procedure should be prescribed in the most exact and unequivocal language. Even in case of an unconditional surrender, when the terms are dictated by the victor, they should nevertheless be embodied in a written capitulation as soon as practicable.
475. Subjects Usually Regulated
In the capitulation (the instrument of surrender), the following subjects are usually dealt with, insofar as they are relevent to the circumstances of the particular surrender :
a. The force or territory which is surrendered and the exact time at which the surrender is to take effect.
6. Disposition of the enemy forces. A stipulation is normally included concerning the movements and administration of the sur- rendered forces after the surrender. The provisions of the capitula- tion may, for example, require that the troops assemble at designated poiilts or that they remain in their present positions. It is normally understood that the surrendered forces are to become prisoners of war. In the event both belligerents are parties to GPW,little or noth- ing more on that subject need be included in the capitulation. How-ever, special circumstances, such as inability of the victor to guard, evacuate, and maintain large numbers of prisoners of war or to occupy the area in which enemy military forces are present, may justify the victorious commander in allowing the defeated force to remain in its present positions, to withdraw, or to disperse after having been dis- armed and having given their paroles, provided that the giving of paroles is not forbidden by the laws of their own country and that they are willing to give their paroles (see par, 185).
c.
If a place or area is surrendered, proirisions relative to the with- drawal of the defenders and the entering into possession of the vic- torious troops. These matters should be fixed in advance with precision.

d.
Disposition of medical personnel and the wounded and sick.

e.
Disposition of prisoners of war, civilian internees, and other persons held in the custody of the surrendered troops.

f.
Disarmament. Normally provisions are included to govern the disposition of enemy arms, equipment, and other property in the hands of the force which has surrendered. Officers are sometimes allowed to retain their side arms in addition to the articles they are allowed to keep nnder Article 18, GPW (par. 94).

g, Prohibition of destruction by the surrendered forces of their materiel or installations, or communications, transportation facilities, and other public utilities in the area concerned.
h.
The provision of facilities and of information on such matbrs as minefields and other defense measures.

i.
The oivil administration of the area concerned, if a place or area is surrendered.

j, Orders given by the victor. It is norm Jly stipulated that the orders of the victorious commander will be scrupylously carried out by the surrendered forces and that those who fail to comply with such orders or with the terms of the surrender itself will be severely punished.
476. Damage or Destruction of Property Prohibited After Surrender
From the moment of surrender the party surrendering has no right to demolish, destroy, or injure facilities, installations, or materiel under his control, unless otherwise stipulated in the capitulation. Nothing, however, prevents a commander who intends to surrender from carrying out such destruction, provided he does so before signing the capitulation.
477. Violation of Terms of a Capitulation
Violation of the terms of a capitulation by individuals is.punishable as a war crime. If the violation is directed by the commander who capitulated or by higher authority, the other belligerent may denounce the capitulation and resume hostilities. Like action may also be taken if the capitulation was obtained througl~ a breach of faith.
478. Unconditional Surrender
An unconditional surrender is one in which a body of troops gives itself up to itsenemy without condition. It need not be effected on the basis of an instrument signed by both parties. Subject to the restric- tions of the law of war, the surrendered troops are governed by the directions of the State to which they surrender.
Section VI. ARMISTICES
479. Definition
An armistice (or truce, as it is somet,imes called) is the cessation of active hostilities for a period agreed upon by the belligerents. It is not a part.ial or temporary peace; it is only the suspensioii of military operations to the extent agreed upon by the parties.
480. Effect of Armistice
An armistice suspends military operations by mutual agree- ment between the belligerent parties. If its duration is not de- fined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice. (HR, art. 36.)
481. Armistice No Excuse for Lack of Vigilance
The existence of an armistice does not warrant relaxation of vigi- lance in the service of security and protection, or in the preparedness of troops for action, or exposing positions to the enemy.
482. Kinds of Armistice
An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent .armies and within a fixed radius. (HZ?, art. 37.)
483. General Armistices
General armistices are usually of a combined political and military character. They usually precede the negotiations for peace, but may be concluded for other purposes. Due to its political importance, a general armistice is normally concluded by senior military officers or by diplomatic representdtives or other high civilian officials. If an armistice contains political terms, it must be made under authoriza- tion from the governments concerned or subject to approval by them.
484. Local Armistices
A local armistice suspends operations between certain portions of the belligerent forces or within a designated district of the theater of operations. A local armistice may be concluded by the military forces only, or by the naval forces only, or between a less number than all of the belligerents at war. Commanders of the forces conceriled are presumed to be competent to conclude local armistices, and ratifi- cation upon the part of their governments is not required unless spe- cially stipulated in the armistice agreement.
It is always a condition of a local armistice that a considerable part of the forces and the region of war must be included and that the cause for which it is concluded is not merely some pressing local in-terest, as in the case of a suspension of arms (see next paragraph), but one of a more general character, such as a general exhaustion of the opposing belligerent in one part of the theater of war.
485. Suspension of Arms
-4 suspension of arms is a form of armistice co~lcluded between commanders of military forces for some local military purpose, such as to bury the dead, to collect t,l~e wounded, to arrange for exchan~e of prisoners, or to enable a connm~~nd~r
to communicate with 111s government or superior officer.
486. Form of Armistice
No special form for an armistice is prescribed. It should, if pos- sible, be reduced to writing, in order to avoid misunderstandings and for the purpose of reference should differences of opinion arise. It should be drafted with the greatest precision and with absolute clearness.
487. What Stipulations an Armistice Should Contain
Stipulations covering the following matters should be incorporated in an armistice:
a Precise Date, Day, and Eour of Comnwncement of th Armistice. The precise date, day, and hour for the suspension of hostilities should also be stipulated. The effective times may be different in dif- feent geographical areas. An armistice commences, in the absence of express mention to the contrary, at the moment i: is signed.
6. Dzuration of the Armistice. The duration may be for a definite or indefinite period. In case it is indefhite, a belligerent may resume operations at any time after notice. The terms and manner of giving such notice should be specified. If a term is fixed and no agreement has been made for prolonging it, hostilities may be resumed without notice at the expiration of the term in the absence of positive agree- ment to the contrary.
c. P&ndpd Lines adAU 0th~
Nmk8 or Signs Necessary To De- termine the Locations of the BeZZigerent Troops. For this purpose maps with the lines indicated thereon may be attached to and made part of the armistice. Provision may be included for a neutral zone between the two armies. It is usually agreed that these lines are not to be crossed or the neutral zone entered except by parlementaires or
–
173
other parties by special agreement for specified purposes, such as to bury the dead and collect the wounded.
d.
Relation of the Armies Vith the Local Inhabitants. If it is desired to make any change during the armistice in the relations be- tween the opposing forces and the peaceable inhabitants, this must be accomplished by express provision. Otherwise these relations remain unchanged, each belligerent continuing to exercise the same rights as before, including the right to prevent or control all intercourse be- tween the inhabitants within his lines and persons within the enemy lines.

e.
Acts To Be Prohibited During the Adstice. In the absence of stipulations to the contrary, each belligerent is authorized to make movements of troops within his own lines, to receive reinforcements, to construct new fortifications, installations, and bases, to build and repair transportation and communications facilities, to seek infor- mation about the enemy, to bring up supplies and equipment, and, in general, to take advantage of the time and means at his disposal to prepare for resuming hostilities.

f.
Disposition of Prisoners of Wm. If it is desired that prisoners of war and civilian internees should be released or exchanged, specific provisions in this regard should be made. (See GPW, art. 118; par. 198 herein.)

g.
Consultative Zachinery. It is generally desirable to provide for the establishment of a commission, composed of representatives of the opposing forces, to supervise the implementation of the armistice agreement. Additional commissions, composed of representatives of the belligerents or of neutral powers or both, may be constituted to deal with such matters as the repatriation of prisoners of war.

488. Political and Military Stipulations in General Armistices
In addition to the provisions set forth in the preceding paragraph, general armistices normally contain a number of political and mili- tary stipulations concerning such matters as the evacuation of terri- tory; disposition of aircraft and shipping; cooperation in the punish- ment of war crimes; restitution of captured or looted property; com- munications facilities and public utilities; civil administration; dis. placed persons; and the dissolution of organizations which may subvert public order.
489. Intercourse in Theater of Operations
a. Treaty Provision.
It rests with the contracting parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one bel- ligerent State and those of the other. (HR,art. 39.)
6: RuZe in Absence of Stipulation.-. Tf nothing is stipulatejd, th& intercourse remains suspended, as during actual hostilities.
490. Notification of Armistice
An armistice must be notified o5cially and in good time to the competent authorities and to the troops. Hostilities are sus- pended immediately after the notification, or on the date fixed. (HR,art.38.)
491. When Binding
An armistice is binding upon the belligerents from the time of the agreed commencement, but the officers of the armies are responsible only from the time when they receive official information of its existence.
492. Denunciation of Armistice
Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately. (HR,art.40.)
493. Denunciation Must Not Involve Perfidy
An armistice, like other formal agreements between belligerents, en- gages the honor of both parties for the exac.t a.nd complete fulfillment of every obligation thereby imposed. It would be an outrageous act of perfidy for either party, without warning, to resume hostilities dur- ing the period of an armistice, with or without a formal denunciation thereof, except in case of urgency and upon convincing proof of in- tentional and serious violation of itsterms by the other party. Never-theless, under the article last above quoted, upon definite proof of such a violation of the armistice, if the delay incident to formal denuncia- tion and warning seems likely to give the violator a substantial advan- tage of any kind, the other party is free to resume hostilities without warning a.nd with or without a formal denuaciation.
494. Violations of Armistice by Individuals
a. Treaty Provhkn.
A violation of the terms of the armistice by private persons act- ing on their own initiative only entitles the injured party to de-mand the punishment of the offenders or, if necessary, compensa- tion for the losses sustained. (HE,art. 41.)
6. Private IdiddsDefined. A private individual, in the sense of the foregoing article, refers to any person, including a member of the armed forces, who acts on his own responsibility.
c. Effect of Vwlatim of Armistice by Idi~iduals. Violation of the terms of an armistice by individuals is punishable as a war crime. Such violations by individual soldiers or subordinate officers do not justify denunciation of the armistice unless they are proved to have been committed with the knowledge and actual or tacit consent of their own government or commander. Consent may be inferred in the event of a persistent failure to punish such offenders.
CHAPTER 8

REMEDIES FOR VIOLATION OF INTERNATIONAL LAW; WAR CRIMES
Section I. REMEDIES AND REPRISALS
495. Remedies of Injured Belligerent
In the event of violation of the law of war, the injured party may legally resort to remedial action of the following types:
a. Publication of the facts, with a view to influencing public opinion against the offending belligerent.
6. Protest and demand for compensation and/or punishment of the individual offenders. Such communications may be sent through the protecting power, a humanitarian organization performing the duties of a protecting power, or a neutral state, or by parlementaire direct to the commander of the offending forces. Article 3,E.ZV, provides in this respect :
A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensa- tion. It shall be responsible for all acts committed by persons forming part of its armed forces.
c.
Solicitation of the good offices, mediation, or intervention of neutral States for the purpose of making the enemy observe the law of war. See Articles 11, GWS; 11, GWS Sea; 11, GPW; 12, GC (par. 19), concerning conciliation procedure through the protecting powers.

d.
Punishment of captured offenders as war criminals.

e.
Reprisals.

496. Inquiry Concerning Violations af Geneva Conventions of 1949
G WS, GWS Sea, GPW, and GC contain a common provision that-
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the con- flict shall put an end to it and shall repress it with the least possible delay. (GWS, art. 63; GWS Sea,art. 63; GPW, art. 135′; GC, art. 2-49.)
497. Reprisals
a. Definition. Reprisals are acts of retaliation in the form of con- duct which would otherwise be unlawful, resorted to by one belligerent against enemy personnel or property for acts of warfare conlnlittecl by the other belligerent in violation of the lam of war, for the purpose of enforciilg future compliance with the recognized rules of civilized aarfare. For example, the employment by a belligerent of a weapon the use of ~vhich is normally precluded by the law of war would con- stitute a lawful reprisal for intentional mistreatnlent of prisoners of war held by the enemy.
6. Priority of Other Remedies. Other means of securing compli- ance with the law of war should normally be exhausted before resort is had to reprisals. This course should be pursued unless the safety of the troops requires immediate drastic action and the persons who ac- tually committed the offenses cannot be secured. Even when appeal to the enemy for redress has failed, it nlay be a matter of policy to consider, before resorting to reprisals, whether the opposing forces are not more likely to be influenced by a steady adherence to the lam of mar on the part of their adversary.
c.
Against Whom Permitted. Reprisals against the persons or property of prisoners of war, including the wounded and sick, and protected civilians are forbidden (GPW, art. 13; GC, art. 33). Col-lective penalties and punishment of prisoners of war and protected civilians are likewise prohibited (GPTV, art. 87; GC, art. 33). How-ever, reprisals may still be visited on enemy troops who have not yet fallen into the hands of the forces making the reprisals.

d.
Whenand Bow Employed. Reprisals are never adopted merely for revenge, but only as an unavoidable last resort to induce the enemy to desist from unlawful practices. They should never be em-ployed by individual soldiers except by direct orders of a commander, and the latter should give such orders only after careful inquiry into the alleged offense. The highest accessible military authority should be consulted unless immediate action is demanded, in which event a subordinate commander may order appropriate reprisals upon his own initiative. Ill-considered action may subsequently be found to have been wholly unjustified and mill subject the responsible officer himself to punishment for a violation of the law of war. On the other hand, commanding officers must assume responsibility for retaliative measures when an unscrupulous enemy leaves no other recourse against the repetition of unlawful acts.

e.
Fomt of Reprisal. The acts resorted to by way of reprisal need not conform to those complained of by the injured party, but should not be excessive or exceed the degree of violence committed by the enemy.

f.
Procedure. The rule requiring careful inquiry into the real occurrence will always be followed unless the safety of the troops re- quires immediate drastic action and the persons who actually com- mitted the offense cannot be ascertained.

g.
Hostages. The taking of hostages is forbidden (GO; art. 34). The taking of prisoners by way of reprisal for acts previously com- mitted (so-called “reprisal prisoners”) is likewise forbidden. (See

GC,art. 33.)
Section II. CRIMES UNDER INTERNATIONAL LAW
498. Crimes Under International Law
Any person, whether a member of the armed forces or a civilian, who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment. Such offenses in connection with war comprise :
a.
Crimes against peace.

b.
Crimes against humanity.

c.
War crimes.

Although this manual recognizes the criminal responsibility of in- dividuals for those offenses which may comprise any of the foregoing types of crimes, members of the armed forces will normally be con- cerned only with those offenses constituting “war crimes.”
499. War Crimes
The term “war crime” is the technical expression for a violation of the law of war by any person or persons, military or civilian. Every violation of the law of mar is a war crime.
500. Conspiracy, Incitement, Attempts, and Complicity
Conspiracy, direct incitement, and attempts to commit, as well as con~plicity in the’commission of, crimes against peace, crimes against humanity, and war crimes are punishable.
501. Responsibility for Acts of Subordinates
In some cases, military commanders may be responsible for war crimes committed by subordinate members of the armed forces, or other persons subject to their control. Thus, for instance, when troops conlinit massacres and atrocities against the civilian population of occq)ied territory or against prisoners of war, the responsibility may rest not only wit11 the actual perpetrators but also with the com- mander. Such a responsibility arises directly when the acts in ques- tion have been committed in pursuance of an order of the commander concerned. The commander is also responsible if he has actual knowl- edge, or should have knowledge, through reports receiqed by him or through other means, that troops or other persons subject to his con- trol are about to commit or have committed a mar crime and he fails
-1-

to take the necessary and reasonable steps to insure compliance with the law of war or to punish violators thereof.
502. Grave Breaches of the Geneva Conventions of 1949 as War Crimes
The Geneva Conventions of 1949 define the followiilg acts as “grave breaches,” if committed against persons or property protected by the Conventions :
a. G WS and G WS Sea;
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. (GTVS, art. 50; GTVS Sea, art. 51.)
6. GPW.
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.
(GPW, art. 13’0.)
c. GC.
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property pro’tected by the present Convention :wilful killing, torture or inhuman treatment, including biological ex- periments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive de- struction and appropriation of property, not justified by mili- tary necessity and carried out unlawfully and wantonly. (GC, art. 147.)
503. Responsibilities of the Contracting Parties
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by it- self or by another High Contracting Party in respect of breaches referred to in the preceding Article. (GWS, art. 51; GWS Sea, art. 52; GPW, art. 131; GC, art. 148.)
504. Other Types of War Crimes
In addition to the “grave breaches” of the Geneva Conventions of 1949, the following acts are representative of violations of the law of war (“war crimes”) :
a. Making use of poisoned or otherwise forbidden arms or am- munition.
6. Treacherous request for quarter.
c.
Maltreatment of dead bodies.

d.
Firing on localities which are undefended and without military significance.

e.
Abuse of or firing on the flag of truce.

f.
Misuse of the Red Cross emblem.

g.
Use of civilian clothing by troops to conceal their military char- acter during battle.

h.
Improper use of privileged buildings for military purposes.

i.
Poisoning of wells or streams.

j.
Pillage or purposeless destruction.

k.
Compelling prisoners of war to perform prohibited labor.

I.
Killing without trial spies or other persons who have committed hostile acts.

m.
Compelling civilians to perform prohibited labor.

n.
Violation of surrender terms.

Section Ill. PUNISHMENT OF WAR CRIMES
505. Trials
a. Nature of Proceeding. Any person charged with a war crime has the right to a fair trial on the facts and law.
6. Rights of Accused. Persons accused of “grave breaches” of the Geneva Conventions of 1949 are to be tried under conditions no less favorable than those provided by Article 105 and those following (par. 181 and following) of GPW (GWS, art. @; GWS Sea, art. 50; GPW, art. 199; GO, art. I&,4th par. only; par. 506 herein.)
c.
Rights of Prisoners of War. Pursuant to Article 85, GPW (par. 161), prisoners of war accused of war crimes benefit from the provisions of GPW, especially Articles 82-108 (pars. 158-184).

d.
How Jurisdiction Exercised. War crimes are within the juris- diction of general courts-martial ([JCMJ, Art. 18), military commis- sions, provost courts, military government courts, and other military tribunals (UCJ, Art. 21) of the United States, as well as of inter- national tribunals.

e.
Law Applied. As the international law of war is part of the law of the land in the United States, enemy personnel charged with war

crimes are tried directly under international law without recourse to t,he statutes of the United States. However, directives declaratory of international law may be promulgated to assist such tribunals in the perfornlance of their funct,ion. (See pars. 506 and 507.)
506. Suppression of War Crimes
a. Geneva Conventions of 19.49. The Geneva Convei~tions of 1949 contain the following common undertakings :
The High Contracting Parties undertake to enact any legisla- tion necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such per- sons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Con- tracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12,1949. (GWS, art. 4.9; GWS Sea, art. 50;GPW, art. 129; GO, art. 146.)
6. Declaratory Character of Above PrimipZes. The principles quoted in a, above, are declaratory of the obligations of belligerents under customary international law to take measures for the punish- ment of war crimes committed by all persons, including members of a belligerent’s own armed forces.
c. Grave Breaches. “Grave breaches” of the Geneva Conventions of 1949 and other war crimes which are committed by enemy per- sonnel or persons associated with the enemy are tried and punished by United States tribunals as violations of international law.
If committed by persons subject to United States military law, these “grave breaches” constitute acts punishable under the Uniform Code of Military Justice. Moreover, most of the acts designated as “grave breaches” are, if committed within the United States, violations of domestic law over which the civil courts can exercise jurisdiction.
507. Universality of Jurisdiction
a. Victims of War Crimes. The jurisdiction of United States military tribunals in connection with war crimes is not limited to of- fenses committed against nationals of the United States but extends also to all offenses of this nature committed against nationals of allies and of cobelligerents and stateless persons.
6. Persons Charged WithWarCrimes. The United States normally punishes war crimes as such only if they are committed by enemy nationals or by persons serving the interests of the enemy State. Vio-lations of the law of war committed by persons subject to the military law of the United States will usually constitute violations of the Uniform Code of Military Justice and, if so, will be prosecuted under that Code. Violations of the law of war committed within the United States by other persons will usually constitute violations of federal or state criminal law and preferably will be prosecuted under such law (see pars. 505 and 506). Commanding officers of United States troops must insure that war crimes committed by members of their forces against enemy personnel are promptly and adequately punished.
508. Penal Sanctions
The punishment imposed for a violation of the law of war must be proportionate to the gravity of the offense. The death penalty may be imposed for grave breaches of the law. Corporal punishment is excluded. Punishments should be deterrent, and in imposing a sen-tence of imprisonment it is not necessary to take into consideration the end of the war, which does not of itself limit the imprisonment to be imposed.
Section IV. DEFENSES NOT AVAILABLE
509. Defense of Superior Orders
a. The fact that the law of war has been violated pursuant to an order of a superior authority, whether military or civil, does not de- prive the act in question of its character of a war crime, nor does it constitute a defense in the trial of an accused individual, unless he did not know and could not reasonably have been expected to lrnow that the act ordered was unlawful. In all cases where the order is held not to constitute a defense to an allegation of war crime, the fact that the individual was acting pursuant to orders may be consid- ered in mitigation of punishment.
6. In considering the question whether a superior order constitutes
valid defense, the court shall take into consideration the fact that obedience to lawful military orders is the duty of every member of the armed forces; that the latter cannot be expected, in conditions of war discipline, to weigh scrupulously the legal merits of the orders received; that certain rules of warfare may be controversial; or that an act otherwise amounting to a war crime may be done in t3be d’ ience to orders conceived as a measure of reprisal. At the same time it must be borne in mind t.hat members of the armed forces are bound to obey only lawful orders (e.g., UCMJ,Art. 92).
510. Government Ofiicials
The fact that a person who committed an act which constitutes a war crime acted as the head of a State or as a responsible government official does not relieye him from responsibility for his act.
511. Acts Not Punished in Domestic Law
The fact that domestic law does not impose a penalty for an act which constit,utes a crime under international law does not relieve the person who committed the act from responsibility under international lam.
CHAPTER 9
NEUTRALITY
Section I. GENERAL
5 12. Definition
Traditionally, neutrality on the part of a State not a party to the war has consisted in refraining from all participation in the war, and in preventing, tolerating, and regulating certain acts on its own part, by its nationals, and by the belligerents. It is the duty of belligerents to respect the territory and rights of neutral States.
513. Neutrality Under the Charter of the United Nations
In the event of any threat to the peace, breach of the peace, or act of aggression, the Security Council of the United Nations is author- ized, under Articles 39 through 42 of the Charter, to make recommen- dations, to call for the employment of measures short of force, or to take forcible measures to maintain or restore international peace and security. Measures short of force or force itself may also be employed in pursuance of a recommendation of the General Assembly of the United Nations. Although these provisions of the Charter have not made it impossible for a State to remain neutral, the obligations which the Charter imposes have to a certain extent qualified the rights of States in this respect. For example, if a State is called upon, under Articles 42 and 43 of the Charter, to take military action against an aggressor, that State loses its right to remain neutral but actually loses its neutrality only to the extent that it complies with the direction of the Security Council.
A military commander in the field is obliged to respect the neutrality of third States which’are not allied with the United States in the conduct of hostilities and are not violating their duty of neutrality toward this country, except to the extent that the State concerned has expressly qualified its neutrality.
5 14. Notification of State of War to Neutrals
a. Treaty Provisions. See Articles 2 and 3, H. ZZZ (pars. 21 and 22).
6. ProcZamations of Neutrality. When war occurs, neutral States usually issue proclamations of neutrality, in which they state their determination to observe the duties of neutrality and warn their nationals of the penalties they incur for joining or assisting a bellig- erent.
515. Inviolability of Territory
a. Treaty Pro&sion.
The territory of neutral Powers is inviolable. (H. V, art. 1.)
6. AppZication of Rule. The foregoing rule prohibits any unau- thorized entry into the territory of a neutral State, its territorial waters, or the airspace over such areas by troops or instrumentalities of war. If harm is caused in a neutral State by the unauthorized entry of a belligerent, the offending State nray be required, according to the circumstances, to respond in damages.
516. Movements of Troops and Convoys of Supplies
Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power. (49.V, art. A)
517. Convoys of Munitions and Supplies
A ,distinction must be drawn between the official acts of the bel- ligerent State in convoying or shipping munitions and supplies through neutral territory as part of an expedition and the shipment of such supplies by private persons. The former is forbidden while the latter is not.
518. Neutral State Must Prohibit Acts On Its Own Territory
A neutral Power must not allow any of the acts referred to in Articles I1 to IV to occur on its territory. It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory.
(a.V, art. 6.)
519. Resistance to Violations of Neutmlity
a. Treaty Proubion.
The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act. (IT.V,
art. 10.)
b. Patrolling th Frontier. In order to protect its neutrality, a State whose territory is adjacent to a theater of war normally mobilizes a portion of its forces to prevent troops of either belligerent from entering its territory, to intern such as may be permitted to enter, and generally to carry out its dutiss of neutrality.
520. Effect of Failure to Prevent Violation of Neutrality by Belligerent Troops
Should the neutral State be unable, or fail for any reason, toprevent violations of its neutrality by the troops of one belligerent entering or passing through its territory, the other belligerent may be justified in attacking the enemy forces on this territory.
521. Offenses Against Neutrality Defined by Statute
Supplementing the rules of international law, there are certain statutes of the United States that define offenses against neutrality and prescribe penalties therefor, some of which are effective only dur- ing a war in which the United States is neutral, and others of which are effective at all times (see 18U.S. C. 956-968,%2 U. S. 0.441-457, 461-465). The enforcement of these statutes devolves primarily upon the civil authorities, but under certain circumstances land or naval forces may be employed for that purpose (see, e. g., 22 U. S. C. 461).
Section II. RECRUITING IN NEUTRAL TERRITORY
522. Forming Corps of Combatants and Recruiting Forbidden
a. Treaty Provision.
Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral Power to assist the belliger- ents. (B.V, art. A)
6. Application of Rule. The establishment of recruiting agencies, the enlistment of men, the formation and organization of hostile expe- ditions on neutral territory, and the passage across its frontiers of organized bodies of men intending to enlist are prohibited.
c. Personnel of Voluntary Aid Societies. This prohibition does not extend to medical personnel and units of a voluntary aid society duly authorized to join one of the belligerents. (See GWS, art. 37; par. 229 herein.)
523. Responsibility as to Individuals
The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontier separately to offer their services to one of the belligerents. (H.V, art. 6.)
524. Single Persons and Organized Bodies
a.
Idiuidud Persons Crossing the Prmtier. The pkohibition in Article 4,H. V (par. 522), is directed against organized bodies which ~nly require to be armed to become an immediate fighting force. Neutral States are not required to enact legislation forbidding their nationals to join the armed forces of the belligerents. Individuals crossing the frontier singly or in small bands that are unorganized similarly create no obligation on the neutral State. The foregoing rules do not, however, permit a State professing to be neutral to send regularly constituted military units across the frontier in the guise of “volunteers” or small unorganized bands.

b.
Nationals of Belligerent Not Included. Nationals of a bellig- erent State are permitted freely to leave neutral territory to join the armies of their country.

Section Ill. SUPPLIES AND SERVICES FROM NEUTRAL TERRITORY
525. Neutral Not Bound to Prevent Shipment of Supplies
A neutral Power is not called upon to prevent the export or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet. (8.
V, art. 7.)
526. Obligations of Neutral State as to Supplies
Although a neutral State is not required to prohibit the shipment by private persons of supplies or munitions of war, the neutral State, as such, is prohibited from furnishing such supplies or munitions and from making loans to a belligerent. It is also forbidden to permit the use of its territory for the fitting out of hostile expeditions.
527. Commercial Transactions Not Prohibited
Commercial transactions with belligerents by neutral corporations, companies, citizens, or persons resident in neutral territory are not prohibited. A belligerent may purchase from such persons supplies, munitions, or anything that may be of use to an army or fleet, which can be exported or transported without involving the neutral State.
528. Use of Neutral Territory for Establishment of Radio and Other Communications Rcilities
Belligerents are likewise forbidden:
a To erect on the territory of a neutral Power a wireless telegraphy station or any apparatus for the purpose of com-municating with belligerent forces on land or sea;
6. To use any installation of this kind established by them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages. (E.V, art. 3.)
529. Means of Communication
A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to Companies or private individuals. (8.
V, art. 8.)
530. Impartiality in Allowing Use of Communication Facilities
The liberty of a neutral State, if it so desires, to transmit messages by means of its telegraph, telephone, cable, radio, or other telecom- munications facilities does not imply the power so to use them or to permit their use as to lend assistance to t,he belligerents on one side only.
Every measure of restriction or prohibition taken by a neutral Power in regard to the matters referred to in Articles VII and VIII must be impartially applied by it to both belligerents.
A neutral Power must see to the same obligation being observed by Companies or private individuals owning telegraph or tele- phone cables or wireless telegraphy apparatus. (8.
V, art. 9.)
Section IV. INTERNMENT OF BELLIGERENT FORCES AND TENDING OF WOUNDED AND SICK IN NEUTRAL TERRITORY
532. Internment
A neutral Power which receives on its territory troops belong- ing to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war.
It may keep them in camps and even confine them in fortresses or in places set apart for this purpose. It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory witheut permission.
(E.V, art. 11.)
533. Duty of Neutral State
A neutral is not bound to permit belligerent troops to enter its terri- tory. On the other hand, it may permit them to do so without violat- ing its neutrality, but the troops must be interned or confined in places designated by the neutral. They must be disarmed.and appropriate measures must be taken to prevent their leaving the neutral country. In those cases in which the States concerned are parties to CPW, Article 4, paragraph R(2), thereof requires that such persons, pro- vided they are otherwise entitled to be treated as prisoners of war, are, as a minimum but subject to certain exceptions, to receive the benefit of treatment as prisoners of war under GPW (see par. 61).
534. Neutral Can Impose Terms
If troops or soldiers of a belligerent are permitted to seek refuge in neutral territory, the neutral is authorized to impose the terms upon which they may do so. In case of large bodies of troops seeking refuge in neutral territory, these conditions will usually be stipulated in a convention drawn up by the representatives of the neutral power and the senior officer of the troops.
535. Parole by Neutral
Officers and men interned in a neutral State may in the discretion of that State be released on $.heir parole under conditions to be prescribed by the neutral State. If such persons leave the neutral State in viola- tion of their parole, the State in whose armed forces they serve is obliged to return them to the neutral State at its request.
536. Disposition of Arms, Vehicles, Equipment, etc.
The munitions, arms, vehicles, equipment, and other supplies which the interned troops are allowed to bring with them into neutral terri- tory are likewise detained by the neutral State. They are restord to the State whose property they are at the termination of the war.
537. Maintenance
In the absence of a special Convention the neutral Power shall supply the interned with the food, clothing, and relief required by humanity.
At the conclusion of peace the expenses caused by the intern- ment shall be made good. (B.V,art. 19.)
538. Prisoners of War
A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.
The same rule applies to prisoners of war brought by troop! taking refuge in the territory of a neutral Power. (8.V, art. 13.)
539. Passage of Sick and Wounded
A neutral Power may authorize the passage over its territory of wounded or sick belonging to the belligerent armies, on col- dition that the trains bringing %em shall carry neither personnel or material of war. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose.
The wounded or sick brought under these conditions into neu- tral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral Power so as to ensure their not taking part ‘again in the operations of the war. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care. (B.V)art. 14.)
540. Passage and Landing of Medical Aircraft
Subject to the provisions of the second paragraph, medical air- craft of Parties to the conflict may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their pas- sage over the said territory and obey all summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restric- tions on the passage or landing of medical aircraft on their terri-
tory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.
Unless agreed ot.herwise between the neutral Power and the Partiest&hemnflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war. The most of their accommo- dation and internment shall be borne by the Power on which they depend. (GVS,art. 37.)
541. Obligations of Neutral State
The neutral power is under no obligation to permit the passage of a convoy of sick and wounded through its territory, but when such a convoy is permitted to pass, t.he neutral must exercise control, must see that neither personnel nor material other than t.hat necessary for the care of the sick and wounded is carried, ancl generally must accord impartiality of treatment to t.he belligerents.
542. Internment of Sick and Wounded Passing Through NeGtral State
The sick and wounded of a belligerent may be carried through neu- tral territory to the territory of t.he belligerent State. If, however, they are left in the neutral’s territory, they must be interned so as to insure their not taking part again in the war.
543. Sick and Wounded Prisoners of War Brought Into Neutral State by Captor
Sick and wounded prisoners of war brought into neutral territory by the Detaining Power as part of a convoy of evacuation granted right of passage through neutral territoiy may not be transported to their own country or liberated, as are prisoners of war escaping into, or brought by troops seeking asylum in neutral territory, but nlust be detained by the neutral power, subject to the provisions contained in paragraphs 188 through 196.
544. Wounded, Sick, or Shipwrecked Persons in Maritime Warfare
a. Placed on a Neutrd Warship orAircraft.
If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral military aircraft, it shall be ensured, where so required by international law, that they can take no further part in operations of war. (GWSsea, art. 15.)
b. Laded in NeutraZ Ports.
Wounded, sick or shipwrecked persons who are landed in neu- tral ports with the consent of the local authorities, shall, failing arrangements to the contrary between the neutral and the hn’
ligerent Powers, be so guarded by the neutral Power, where so required by international law, that the said persons cannot again take part in operations of war.

The costs of hospital accommodation and internment shall be borne by the Power on whom the wounded, sick or shipwrecked persons depend. (GWSsea, art. 17.)
545. Medical Personnel
The medical personnel and chaplains (as defined in GWS, art. 24; par. 67herein) belonging to belligerent forces who have sought asylum under Article 11,H. V (par. 532), may be retained and are required to be released as prescribed in Articles 28 and 30, QWS (pars. 230 and 231). Medical personnel and materials necessary for the care of the sick and wounded of a convoy of evacuation, permitted to pass through neutral territory under Article 14, 8.V-(par. 539), may be permitted to accompany the convoy. Subject to the provisions of Articles 28 and 30, BWS, the neutral State may retain the necessary medical personnel and materiel for the care of the sick and wounded left in its care. Failing this, it must furnish such personnel aad materiel, and the expense thereof must be refunded by the belligerent concerned not later than at the termination of the war.
546. Accommodation in Neutral Territoy of the Wounded, Sick, and Prisoners of War Who Have Been Long In Captivity
Articles 109 through 117, GPW, authorize parties to the conflict to conclude arrangements with neutral States for the accommodation of the seriously wounded and sick and persons who have undergone a long period of captivity. See paragraphs 188 through 196 for provi- sions in this regard, including direct repatriation of certain wounded and sick from the neutral country.
Section V. NEUTRAt PERSONS
547. Neutral Persons

The nationals of a State which is not taking part in the war are considered as neutrals. (H. V, art. 16.)
548. Neutral Persons Resident in Occupied Territory
Neutral persons resident in occupied territory are not entitled to claim different treatment, in general, from that accorded the other inhabitants. They must refrain from all participation in the war, from all hostile acts, and observe strictly the rules of the occupant. All nationals of neutral powers, whether resident or temporarily vis- iting an occupied territory, may be punished for offenses committed by them to the same extent and in the same manner as enemy nationals. (See GO,art. 4; par. 247 herein, regarding the protection of neutral persons.)
549. Diplomatic Agents and Consuls in Occupied Territory
Diplomatic agents of neutral States must be treated with all courtesy and must be permitted such freedom of action as it is possible to allow, with due regard to the necessities of the war. The same is true of consular personnel of neutral States, except those who are enemy nationals.
550. Fodeiture of Rights by Neutral Nationals
a.
Treaty Provisiolz.
A neutral cannot avail himself of his neutrality:

a.
If he commits hostile acts against a belligerent.

b.
If he commits acts in favour of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.

In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neutral- ity than a national of the other belligerent State could be for the same act. (H. V,art. 17.)
6. Oferne8 in Occup2d Tem’tory. Nationals of neutral States, whether resident in or visiting occupied territory, may be punished for offenses in the same manner as enemy nationals. They may be deported or expelled for just cause. I11the event that such a person is arrested, suspicions must be verified by a serious inquiry, and the arrested neutral person must be given an ~pportunity to defend him- self, and to communicate with the consul of his count.ry if he requests it.
551. Acts Not Favorable to One Belligerent
The following acts shall not be considered as committed in favour of one belligerent in the sense of Article XVII, letter b:
a.
Supplies furnished or loans made to one of the belligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories;

b.
Services rendered in matters of police or civil administration.

(a.V,art. 18.)
Section VI. RAILWAY MATERIAL
552. Railway Material
Railway material coming from the territory of neutral Powers, whether it be the property of the said Powers or of Companies or private persons, and recognizable as such, shall not be requisi- tioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon as possible to the country of origin.
A neutral Power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent Power.
Compensation shall be paid by one party or the other in propor- tion to the material used, and to the period of usage. (8.V, art. 19.)
APPENDIX
INDEX OF ARTICLES

1949 GENEVA CONVENTIONS
(Italics indicate a paragraph in which the a.rticle is quoted)

1. GWS
Article Paragraph Article Paragraph Paragraph
2——–8 20- – —–209 5.40
3- – — – – – -11 21– – – – –222 238
4– – — – – -210 22—– – -223 239
5—– – – , 211 23- – – – – – -224 240
6——–212 24——-67,225,545 241
7- – — – —813 25——-68,225,226 2.48
8—- – – – -16 26——-69,227,545 2.43
9——–17 27——-67,229,236, 244
10- – – – – – , 18 555 214
11—- – –19,495 28——-230,231,545 14
12— – —216 29—- – –68,226 505,606
13— – —208 30——-231,545 602
14— – – –66 31- – —–232 603
15– – —-216 32——-67,233,522 496
16—- – – -21r 33– – —, 234 5
17– – —-218 34– – —-236 6
18—– – -219 35– – – –, 236
19— – —220,225 36— – -,-237
2. GWS Sea

Article Paragraph Paragraph Paragraph
2— – – —8 644 14
3——- – 11 644 505,606
42——-209 209 602
8- – ——16 209 603
9- – – – —-17 209 496
10- – —–18 209 5
1I— – -,, 19,495 209 6
3. GPW
Ar?ide Paragraph Article Paragraph Artlde Parapraph
2—- – – — 8.6 86 12—–em 88
3——- – 11 7——– 87 13——,89,497
4——– 60, 61, 64, 8——– 16 14-,,,–, 90
65, 72, 80, 9——– ir 15–,—, 91
208,533 10——- 18 16—,—. 92
6——– 71,73,84 11——- 19,495 17——- 93

3. GPW-Continued
Artide Paragraph Artide Paragraph
18——,59,94,475 98——-156,174,158, 19- – — – –95 505 20- – —–96 99——-158,176,505 21——-97,185 100——158,176,505 22– – – – – -98 101——158,177,505 23– – – – – – 99 102——158,178,505 24– – — – 100 103——158,179,505 25– – – —101 104——156,158,180, 26– – – — – 102 505 27– – – – – – 103 105——181,158,505 28– – —-104 106——182,158,505 29— – – – – 106 107——156,183,158, 30– – – – – – 107 505 31—– – – 108 108——184,158,505 32– – – – –109 109——188,546,196 33- – – — – 67 110– – – –189,546,196 34– – – – – -110 111——190,546,196 35——-111 112——191,546,196 36—– – -112 113——192,544,196 37– – – —113 114——193,546,196 38— – – – – 114 115——194,546,196 39—– – – 115 116– – — 195,546, 196 40– – – — – 116 117——196,546 41– – – —117 118——198 42– – – —118 119——200 43– – — – -119 120——201: 44- – —–120 121——202 45– – — – -121 122– – —203 46— – —122 123——204 47— – — – 123 124——205 48– – – – – – 124 125——156,206 49- – — – –125 126——207 50– – – – – – 126 127——14,156 51—- – –127 129——505,506 52— – – –128 130——602 53- – – – – – – 129 131——503 54— – – – -130 132——496 55- – – — – 131 134——5 56- – — – –132 135——5
57——-133, 156 142——6 58——-134

4. GC
Article Paragraph Artide Paragraph Paragraph
2— – —-8 8— – – — – 251 254 3——–, 11 9—- – —16 255 4——–73, 236, 247, 10— – – – -17 44,256 5h8 11– – – —18 45,257 5– – — – – -248 12——-19,495 45,258 6——–10,249,361 13— – —247,252 259 7- – – – —-250 14– – – – –45,253 260
GC-Continued
Artick Paragraph
22- – – – —261
23- – —–44,262
24– – – —263
25- – – – – –264
26- – —,-266 27——-266,379 28——-267,379 29——-268,379 30——-269,379 31——-170,379 32——-271,379 33—–,-
272,379,397, 497 34——-273,497,379
35– – —-26, 274
36—- – –276
37—–,-276
38—- – – , 277
39—- – –278
40- – —-, 279
41——, 27,280 42——,
26,27,281 43— – —27,282
44——-27,283
45- – – —-27,284
46– – – – -, 286
47——-358,366 48——,
375,381 49– – – —382
50- – —–383
51——,
370,418 52— – —421
53——-56, 395, 402,
410 54——-373,422 55——-384,413 56- – – – – –386 57——-686,414 58- – – – – –387 59—- – –388 60- – – —-389 61——_ 390 62—- – –391 63—- – –392
Article Paragraph
64——-369,370,434 65- – – – – – – 436 66– – – —436 67—— – 437
68——-72,248,438
69— – —439 70— – — – 440 71——-441 72—– – – 442 73~——443 74- – – —-444 75——-446 76- – – — – , 446 77– – – – – – 447 78——-433 79—– – – 286 80—— – 287 81—– – – 288 82– – – —289 83– – —-290 84– – – — – 291 85- – – – — – 292 86- – – – — – 293 87—— – 294 88——-296 89– – – —296 90- – – — – 297 9 1 — – – – – – 298 92——-299 93——-300 94— – – – -301 95- – — – – 302 96- – – – – – – 303 97– – —-304 98——-306 99- – – — – 306 100——307 101——308,319 102——809 103——310 104——311 105——312 106——313 107——314,819
Paragraph
316,319
316
317
318
3’19
320
321
3M
3W
324

326
326
327
328
329
330
331
332
333

334
336
336
337
338
339
340
341
349
343
344
346
346
347
348
349
860

14
505,606
41,602
603
496
5

1907 HAGUE CONVENTIONS

H. Ill
Articlc Paragraph Article Paragraph Article Paragraph
1- – – – — – – 20 2, — – – – – , 61,514 3——–26,514
HR
Article Paragraph Article Paragraph Article Paragraph
30—,—43–,-,–23——-68, 69, 31, 31——-78 45—,,–369 22- – – —, 33 78 363,370,431
32,34,37, 32——-460 46 ——-380,406
62, 54, 68 33——-463 47——-397
238, 370, 34——-466 48-,,—-
426, 427 372, 393, 35 ——-71 49 ——-428 414, 467 36——,480 50——-448
24—- – –48,77 37——-482 51—-,-, 429
25——-39 38——-&O 52——-412
26——-43 39——-487,489 53——-234,403,408
27——-46 40——-492 54——-41 1
28— – – – -47 41——-494 55——-400
29– – — – 76,77 42——-361 56—–,,406

H. V
Article Paragraph Article Paragraph Article Paragraph
1——-, 616 7——–626 13——-, 638 2- – – – – — – 616 629 639, 545
8——–14——,,
3- – – – – – –628 9——-,631 16—-,—647 4——–622,524 10——-619 17——-,660
5- – – – — – -618 11——-632,545 18——–661
6——–623,524 12——-637 662
19——-,

H. IX
ArtidC Paragaph Artide Paragraph Article Paragraph
5— – —-46
Paragraph Page
5 iii, 4 Accounts: Internees——————————-305 Prisoners of war ————————-,——
Abbreviations—————————-,———–
94, 134-142 Aerial bombardment ————————-,
—42 Aiding the enemy ………………………. ,——79 Aid societies: (see also Red Cross)
Neutral countries ————– – ———,——–229, 522
Neutrals, return of personnel …………………….. 233
Personnel protected ————- – – ————227
Prisoners of war, aid to ………………… 69, 148-151, 206
Roperty——-,———————————–235

Airborne troops: Firing on persons descending by parachute ————–30 Prisoner of war status ………………………….. 63
Aircraft: Bombardment—,————————-39,42 Medical uses———————————— 237,261
Aliens .———————————
274-285
Assigned residence— —– – – ——————–280-282
Confinement——————————276
Control:

Measures of – – ———————-,———
280, 281 Nationality, basis of- ………………………. 283 Employment: (see also Labor under Internees; Prisoners of war; Occupied territory)- …………………… -279 Enemy, status –,——————————-
25, 26
Expulsion——————————————27
Extradition—————————–284
Humane treatment: (see also Internees-humane treat-
ment) …………………………….. 248, 277

Internment (see also Internees)…………………. 280-282
Non-repatriated prisoners-generally __— – – ——- – 277-285
Refugees—……………………….. 280

Religious freedom- – – ——————–,———–
277
Restrictions other than internment:
Duration and termination …………………. 278, 285

Rights:
Exit from territory- ……………………… 274, 275
Means of existence guaranteed——————-,

278
Protected rights of action in occupied territory – – – – ,, 372
Wartime rights -,———–277

———,———–
Security measures ,-,,-,,,,,,,————-
248, 266,.278-282
hrauraph Page
Status in territory of party to conflict ——–~———e74 108
Transfer to another Power ………………………. 284 111
Women, special mention (see also Civilians; Internees) – – -277 108

American National Red Cross (See Red Cross.)
Annexation (see Occupied territory) …………………… 358

Armed forces: Consist of combatants and noncombatants ————-,
62
Qualifications for recognition as lawful –,————–

62
Armistice———————————479-494
Activities authorized and prohibited during——- 480, 489, 494

Commencement—————————-487,491
Defined———————————-479, 483,484
Denunciation ………………………. 492-494
Duration—,,—————————480,487
Effect———————————-480,481
Form————————————486,487
General armistice; defined …………………. 482, 483, 488
Hostilities:

Cessation …………………………. 487, 490, 491
Resumption —-,————————-

492, 493
Inhabitants, effect ……………………………. 487
Intercourse in theater of o~erations ……………….. 489
Lines———————————–487
Local armistice; defined ………………………. 482, 484

For search of battlefield ————————–485
Notification—————————–490,491
Perfidy prohibited ………………………… 50, 493
Prisoners of war:

Effect———————————–487

Repatriation——————————487
Prohibited acts ……………………………… 487, 493
Purpose———————————480,483, 484,485
Search of battlefield during- …………………….. 485
Stipulations—————————-487, 488
Supervision—————————–487
Suspension of arms- -………………………….. 485
Termination—————————–487,492

Types———————————–~482-485
Vigilance not to be relaxed ………………………. 481

Violations:
Effects———————————492-494
Individuals, violations ………………………. 494
Perfidy——————————-493

Arms (See Weapons.)
Army of occupation (See Occupied territory.)
Art, buildings devoted to, protection —————45, 46, 57, 405

Assassination and outlawry -………………………. 31

Assaults, -bombardments, and sieges (See Bombardments,
assaults, and sieges.)
Assignedresidence——————————-433
Asylum:

Neutral territory, refuge in ———,,—————-
534

Prisoner of war ———–,-,–199

,,,–,—————
Paragraph
Atomic weapons (See Weapons.)
Attaches of neutral country- – – —————–,,-,-

83, 456, 549
38 Bmic rules and principles of land warfare ——————-1-14 Belligerents: (see also IIostilities).
Agreements:
Armistice (See Armistice.)
Capitulation ………………………. 470-478
Cartels—————————————–469

Armed forces of, who may generally comprise ———–62
Commencement of hostilities (See Ho~tilities-commence-
ment).

Communications:
Methods————————————-452,458
Neutral territory, communications —————528,530
Parlementai~es————————–458-460

Good faith- ………………………………… 453
Intercourse or negotiations between ———- – – – —-449-453
Allowed only upon approval of government or highest

military authority ——– – – – — – – – – – – – – – – – —–450
Neutral diplomats may receive safe-conducts— — – -456
Parlementaires (See Parlementaires.)
Rules for, generally —————————-449,450

White flag, rules relating to (See White flag.)
Neutrals, relations with: (see also Neutral Powers)
Belligerent acts committed by neutral persons—– 550, 551
Belligerents in neutral territory ——————532-534
Equipment of belligerents, disposition by neutrals of 536

railroad equipment in neutral territory _———-552
Internment of belligerents by neutrals—, —-532,533,537
Parole of belligerents ………………………. 535

Nonhostile agreements (See Armistice; Capitulations;
Cartels; Suspension of arms; surrender.)
Nonhostile relations: (see also Armistices; Capitulation;

Cartels; Surrender; Suspension of arms) ————449-494 Communications in general- ———————-452 Communications in neutral areas- —————–468 Flags of truce …………………………….. 467 Forms of nonhostile relations ———————-451 Good faith———————————– 453 Parlementaires (See Parlementaires.) Passports, military –,————————Bacteriological warfare (see also Weapons)————-,—-
454,455
Safe conduct …………………………… 454,456
Safeguards……………………………….. 457

Nonintercourse between ——————— — 449,450,489 Notification to neutrals (see also Protecting Powere-notitication)————————————–21 Recognition as, qualifications-…………………… 60-71 Besieged places– ………………………………… 44 Buildings and areas protected ……………………. 45,46 Communication ————————————-44 Entry and exit ……………………………….. 44 Inhabitants, treatment of (see also Wounded and sick),-, 44
Paragraph Page
war.) Burial (See Dead.)
Cables, submarine (See Submarine cables.)
Camp followers, treatment as prisoners of war (See Prisoners

Paragraph
Children-Continued Occupied areas, rights ………………………….. 383 Orpbns——————————–263,383 Safety zones, protection ………………………… 253 Welfare———————————262,263
Churches, protection ………………………… 45, 46,405

Civil Affairs Administration- –354,368
Civil capacity of prisoners of war (See Prisoners of war) – – ——90
Civil War—-,——————————-11
Civilians (see also Aliens; Internees; Protected persons; occu- pied territory) – – -…………………………….. 24G350 Application of conventions ————————–246,252 Assigned residence ———————————280-282 Children-,—————————————–263 Civil capacity as internees ………………………. 287
. .
Coercion prohibited ………………………… 270

Collective punishment prohibited— ——————-272 Confinement (see Internees.) Correspondence permitted (see also Censorship)—- – –264, 265 Discriminations prohibited ———— – — – — – — – — – – 252 Dispersed families- ———————————265 Employment (see also Aliens) -…………………… 278
Enemy:
. .
Aiding———————————-79
Ststus—————————————–25 Evacuation of wounded and sick (See Wounded and sick.) Free passage of medical and religious supplies- —– – – – –262 Guides, impression- — – ————————–270 Hospitals (see also Medical personnel; Medical units) – – – – 253,
257-259,385,386
Hostages——————————–273 Hostile acts ……………………………… 248 Humane treatment- …………………………. 266,271 Information buresus(see Information Bureaus).
Internees (see Internees). Internment——————————286,290 Interrogation, coercion prohibited ———————270 Medical personnel, civilian …………………….. 236,259
Medical supplies, food and clothing ……………….. 362 Neutralized zones, protection- –…………………. 254 Pillage prohibited ————–272 Prisoner of war, status ……………………. 61, 64, 65, 73
Prohibited acts toward ……………………….. 266,271 Protected persons, status (see also Protected persons) –247.252 Protecting power, relations- ————————–269 Protection………………………… 252,266 Duration ………………………….. 249 Responsibility…………………….. 268
-.&
Punishment——————————‘146 Re-establishment ……………………………… 240 Relief Organizations (see also Aid Societies; Red Cross) – – -269 Relief shipments …………………………. 388-391
Renunciation of rights prohibited ———————-251
Repatriation………………………. 274,275

Paragraph
Civiliaw-Continued Rdprisals prohibited——,——–,—
————, 272
Wights——————————–266
Derogations………………………. 248
Exit from territory involved in conflict—-__-___,

274,275
Safety zones-,——–,,——————253
Security measures by occupying power or state———,

248
Special agreements with regard to………………… 250
Torture and corporal punishment, prohibited————271
Treatment, responsibility —-,———————

268
Use to immunize certain places, prohibited————–267
Women, special mention (see also Aliens; Occupied terri-

tory) …………………………….. 253,256,262,266

Wounded and sick————-,———————
255 Evacuation —,–,,———————,
256
Medical supplies………………………….. 262
Protection generally -,,—————,,-, ,—-

, –,-255
Trsnsportation——————–,—–260,261
Treatment—,,,–,—-,————–,-,

219 Clothing: (See Internees; Prisoners of war, etc.). Coastal rescue craft—-,,,,,,—————,———
209 Coercion prohibited (see Civilians; Internees; Prisoners of war, etc.). Collective punishment prohibited (see Civilians; Internees; Prisoners of war; occupied territory). Combatants, status as prisoners of war–,–,—–,,,,,–,-,
62 Commanders: (see also O5cers). Neutrality, must respect –,-,,,,———————
513
Power to capitulate——,,,—————–

472
Prisoner of war, status–,—-,-,,,——————-

61
War crimes, responsibility with respect to-,,,—-

501,607,509 Commandos, status as prisoners of war———,—-,——
63 Commerce: Neutrals, transactions of private persona-, ,,–,,,–
, -525-527
Non-intercourse -,,,–,-~~—–,-,,

449,450
Occuped territory,,,—,,,,————,

376
Relations between neutrals and belligerent8-,,,,,,–,,–

627 Communications:
Between:
Belligerents……………………….. 452,487
Besieged and outside areas—-,,,,-,-,————

44
During Armistice—–,,,,,,,,,——,—-, 377,487

Means:
In neutral territory —,,,,,
,,,,,,————-528-531
Use of the white flag,-,,,,,-,,,-,-,,,,,

458,460,467,504
Complaints of: Internees-,,,,,,,,—,–,-,,,,,,,,—,—,–,,-,,—308
Prisoners of war_,_,____,,,,,,_,————-,-,—–
154 Conciliation procedures —,—–,,,,—-,
—–,,,-,—19 Confinement. (See Internees; Occupied territory; Prisoners of war.) Confiscation of enemy property prohibited–,,,,,-,-,-,—-,
406
Paragraph Page
Constitutional provisions relative to declaration of war– — – -24 16
Contributions in occupied territory -,——————

428,429 157

Convoys:
Munitions through neutral territory ———-,——–516-518 185
Wounded and sick through neutral territory – – – – – —- – 539-544 189

Correspondence. (See Civilians; Internees; Prisoners of war.)
Courts: (see also Courts-martial; Military commissions)
In occupied territory …………………………. 373,436 143, 159
Prisoners of war ………………………. 71, 160, 176,178 30,62,68
Provost courts, jurisdiction- …………………….. 13 10
War crimes courts ……………………………. 505 180

Courts-martial …………………………………… 13 10

Crimes:
Against humanity- -………………………. —–498 178
Against laws of war or “war crimes” ———498,499,502,504 178, 179,

180
Against peace—————————–,—– 498 178
Under international law- ———————498-504 178

Cruelty, types prohibited. (See Prohibited acts.) Cultural buildings and property ——————45,46,57,405 21,24,152 Customary laws of war ………………………. 4,6, 7,8,9, 11 4,6,7,8,9
Dangerzones—————————-267 106

Dead:
Burials…………………………… 201,218,337 78,86,132
Cremation……………………….. 201,218,337 78,86,132
Death certificates ……………………….. 201,218,336 78,86, 131
Examination of bodies- – – …………………….. 201,218 78,86
Graves……………………………. 201,218,337 78,86,132
Graves registration service …………………….. 201,218 78,86
Identificationtags———————————–218 86
Information with respect- ——————201,202,336,337 78,79,

131,132
Inquiry———————————202,338 79,132
Internees——————————-336-338 131
Personal effects, disposition ……………………. 201,336 78,131
Prisoners of war …………………………….. 201,202 78,79
Robbery and ill-treatment, protected from ————–218 86
Search of battlefield ………………………… 216,485 85,173
Security measures ………………………….. 248,266 99,106
Treatment of bodies- ————————–202,218,336 79,86,131
Wills…………………………….. 201,320,336 78,126,
131

Death penalty. (See Internees; Prisoners of war; Occupied
territory.) Deception. (See Ruses of war.) Declarations of war: –
Constitutional provisions- —————————-24 16
Effect———————————————-23 15
Necessity——————————-9,20,24 8,15,16
Notification to neutrals ———————,- —,—— 21 15

Defended place, defined- ………………………….. 40 19
Deployment of prisoners of war. (See Prisoners of war.)

Paragraph
Deserters : Captured——————————–70 Enemy soldiers, inducing to desertion –_———–____ 49
Destruction of property. (See Property. See also Devaata-
tion.) Detaining Power. (See Prisoners of war-Detaining Power.) Devastation:
In occupied areas, restricted- -…………………. 410,411 Wanton, prohibited ………………….. 41,56,58 Diplomatic agents: Enemy, may be made prisoners of war- ———-,-,–,
70
Neutrals:
Accompanying army —— – — ——————-= 83
In besieged places …………………………. 44
In occupied territory ……………………… 456,549
Safe conducts——————————– 456

Discipline. (See Internees; Prisoners of war.)
Discrimination. (See Civilians; Internees; Prisoners of war, etc.)
Dispersed families- ……………………………. —-265
Dissemination of the 1949 Geneva Conventions –_—,——-

14
Education, internees …………………………. 301
Emblem. (See Red Cross–emblem.)
Enemy:

Aliens, effect of hostilities on. (See Aliens.)
Flags, misuse of, forbidden ………………………. 54
Forced partition in hostilities, forbidden —————-32
Insignia, misuse forbidden- ……………………… 54
Officials, neutrals, status as POW’S- ——————-83
Population, status ………………….. 60,247
Property. (See Property.)
Territory. (See Occupied territory.)
Uniform, misuse forbidden ………………………. 54

Escape: Internees…………………………. 327,328 Prisoner of war ……………………………… 167, 168
Espionage, sabotage and treason: Aidingthe enemy————_—————— 79 Espionage (Spies) :
Civilians committing ………………………. 76,248

. .
Definitions………………………… 75,76 Immunity upon rejoining own forces —————78 Lawful to use—————–,—————– 49,77 Prisoner of war, status ……………………… 81 Protected persons- – – – ……………………… 248 Punishment………………………… 78,248 Trial……………………………… 75,78,248 Use————————————-49,77
Sabotage:
‘Prisoner of war, status of saboteurs —————-81
Protected persons, status of saboteurs ————–248
Punishment———–,——————82,248

Spies (See this title-Espionage, above) Treason——————————–79 Evacuation of prisoners of war ………………….. 95,96,643
Paragraph Page
Executions, summary, prohibited ……………………. 85, 177 35,68
Expulsion of enemy nationals …………………. 27 16

Finances: Currency in occupied territory ————————-430 Prisoners of war (see also Prisoners of war) :
Adjustments between parties to the conflict- —-,—143
Financial resources- – – ————————-134-144
Repatriation costs ——————_-_———-195

Flags: Proper and improper use- -……………………. 52,54 Red Cross emblem (See Red Cross emblem.) Truce flag, misuse- ……………………….. 53,467,504
Food: Free passage for certain purposes- -,—————-
262,388
Internees—————-_————–296
Occupied territories– —————————383, 384,

388,412 Prisoners of war …………………………….. 102,105 Forbidden conduct (See Prohibited acts) :
Gains, private, by officers and soldiers in occupied territory—– 398 Gases and chemicals, use …………………………. 38 Geneva Conventions of 1929—————————–
5 Geneva Conventions of 1949 –,-5 Articles cited (See Index of 1949 Geneva Convention
Articles.)
Dissemination of Conventions ——–__-14
Grave breaches ………………………….. 502,503,506
Interpretation————————–19
Protection of Civilian Persons Convention (See’civilians.)
Reservations by United States …………………… 245
Treatment of Prisoners of War Convention (See Prisoners

of War.)
Violation …………………………. 496,502,503
Wounded and Sick Convention (See Wounded and Sick.)
Wounded, sick and shipwrecked Convention (See Wounded

and Sick-shipwrecked.) Geneva Cross (See Red Cross) ………………………. 49 Good faith with enemy ……………………………. 49,453 Government, military (See Military government.) Government officials (See Officials under occupied territory,
war crimes; See also officer.) Grave breaches of the Geneva Conventions (See Geneva Con-
ventions-grave breaches.) Graves registration service (See Dead.) Grenades, use authorized- – – – —————,_,———–
84
Guerrillas : Prisoner of war status ………………………….. 80
Protection ………………………… 248 Guides, impression of enemy nationals forbidden ——–,–,
270 Hague Conventions, United States as a party to (see also Index of Hague Convention Articles) ——,——————-
5
Paragraph Page
Hospitals (See Medical units; see also Medical personnel,
medical stores and supplies). Hospital ships (see also Medical units) —————–209, 260, 544 83,104,190 Hospital zones ———————————–224, 253 89, 101 Hostages, use as means of reprisals prohibited———– 11, 273, 497 9, 107, 177 Hostile acts (See Hostilities; prohibited acts.) Hostilities ……………………….. 20-59 15
Belligerents (See Belligerents.) Cessation (See Capitulation; Cartels; Armistice.) Commencement—————————20-27 15 Agreements of belligerents on money to be retained by
prisoners—————————————–134 5 1 Appoint mixed medical commissions- ——————191 74 Constitutional provisions- —.— – – ——————–24 16 Declaration of war required ……………………… 20, 24 15, 16 Effect on enemy nationals ……………………. 25-27,32 16,17 Establishment of information bureaus ————203, 343-350 79, 134 Exchange of titles and ranks …………………….. 119 46 Hague Convention, date to be effective between parties– 22,23 15 Notification to:
Neutrals………………………….. 21 15 Protecting Powers (See Protecting Powers.) Organization of Graves Registration Service- —- – —218 86
Conduct of: (see also Prohibited acts; Weapons) Aerial bombardment— ——,——————-42 20 Arms, etc., causing unnecessary injury (See Weapons.) Assassination and outlawry forbidden (See Prohibited
acts.)
Assaults (See Bombardment, assaults and sieges.)
Atomic weapons (See Weapons.)
Attack restricted to defended places (See Prohibited

acts.) Bacteriological warfare (See Weapons.) Basic principles- —……………………….. 1-14 3 Battlefield, search- – – —-,——- – – – — ———- – 216 85 Bombardments, assaults, and sieges (See Bombard-
ment assaults and sieges.) Bullets, use of certain kinds forbidden (See Weapons.) Compelling nationals to fight against own country—-32 17 Confiscation of private property (See Property.) Contamination of water sources (See Prohibited acts.) Cruelty prohibited (See Prohibited acts.) Dead (See Dead.) Deception————————————–50-55 22 Defended place defined …………………… 33,34,40 17, 18,19 Destruction of property (See Devastation.) Destruction of life or limb permitted —————41 19 Drying or diverting water sources authorized—– – – -37 18 Enemy nationals not to be compelled to take part
against own country ……………………… 32 17 Enemy territory (See Occupied territory.) Executions, summary, forbidden (See Prohibited acts.) Flags, misuse of forbidden (See Prohibite4 acts.) Forbidden conduct (See Prohibited acts.)
Paragraph Paae
Commencement-Continued
Conduct of-Continued Gases and chemicals, use- …………………… 38 18 Good faith must be observed ………………… 49,453 22,165 Grenades, authorized (See Weapons.) Information, coercion prohibited ——————93,270 37, 107 Injuring enemy, means limited (See Prohibited acts.) Insigni3 enemy, misuse forbidden (See Prohibited
acts.) Killing or wounding captives forbidden (See Pro-
hibited acts.) Military necessity ——————————-3 Offenders against the laws of war, treatment of (See
War crimes.) Parachutes, firing on persons descending ————30 Perfidy, prohibited (See Prohibited acts.) Pillage of towns and places forbidden (See Prohibited
acts.)
Quarters, refusal of (See Prohibited acts.)
Requisition of supplies (See Requisitions.)
Surrender, injuries after (See Prohibited acts.)
Termination, ‘effects of (See also Armistice; Capitula-

tion; Suspension of arms; Surrender) ————10,470 8, 169 United Nations Charter, applicability —_———-23 15 Humane treatment (See Aliens; Civilians; Internees; Prisoners of war; Wounded and sick.) Humanity, principles of, defined (see also Crimes against human- ity)————————————6 6 Hygiene (See Internees; Occupied territory; Prisoners of war.)
Identification cards, discs, etc. (See’Children; Civilians; Dead;
Internees; Prisoners of war; Medical personnel, etc.) Inducing enemy soldiers to desert …………………….. 49 Information, coercion prohibited …………………….. 93,270 Information Bureau : (see also Aid Societies; Red Cross) – – – -203-207,
343-350
Central Information Agency ………………….. 204, 347
Exemption from postal charges ………………… 205, 348
National Bureau- -…………………………. 203, 343

Inhabitants of occupied territory (See Occupied territory-
rights, etc., of inhabitants.) Injuries after surrender …………………………. 29 Insignia:
Improper use————————————-52, 55 Proper use——————————- 54 Intercourse between belligerents (See Belligerents-intercourse
or negotiations between.) International Committee of the Red Cross (See Red Cross.) International Law:
Crimes under- ————————————498-504 178 Customary law ……………….. ————–4, 6-9, 11 4, 6, 8, 9 Geneva Conventions (see also Geneva Conventions) —-502, 503 179 Jurisdiction………………………. 502, 503 179 Sational law ………………………………. 7, 511 6, 183
Paragraph
International Law-Continiled
Punishments……………………….. 508
Responsibility of nations for punishment- -, 506
Treaty law, force ……………………………. 7
Trials…………………………… 505

Violations (see also War crimes) ——————,-
498, 507

War crimes (See War crimes.) Internees: Accommodations: (see also this title-Camps, And see 286-342
Internment.) Generally………………….. ,—–289-292 In neutral countries ……………………….. 339
Accounts——————————–305 Air raid shelters ——————1————-295 Allowances—————————————,,
305 Burial and cremation ………………………… 337 Camps:
Administration……………………………. 306 Geneva Conventions to be posted ——————306 Inspection——————————350 Locatiofi——————————–290 Regulations, orders, etc., to be posted ————–306
Canteens——————————–294 Censorship……………………….308, 319 Central Information Agencies- ———————–347 Civil capacity——~———————–287 Clothing………………………….. 297 Coercion…………………………………… 270 Collective punishment prohibited …………………. 272 Collective relief shipments (see this title-Relief shipments.) Compensation—————————-302 Complaints—-,,————————308 Confinement………………………… –329,333 Correspondence -,———————

313,314,318-320,332

Censorship (see this title-Censorship.) Court proceedings ——————-322,325,328,330-333
Death———————————–336-338 Death certificates ……………………….. 336 Discipline:
Disciplinary punishment …………………… 326-332

gene rally-^————————–307 Discrimination……………………………….. 266 Education—————————————–301
Employment of (see this title-Labor.) Escape, effect on other offenses …………………. 327,328 Families——————————–289 Financial allowances- ……………………….. 305 Foodrations——————————–296 Graves registration- – – ———~———337 Groupings for housing purposes- – – ……………….. 289 Hazards of war, protection ………………………. 295 Humane treatment —-,———————–
266,307,334

Paragraph
Internees-Continued Hygiene and health———————————- 292 Identification and identity cards ————-304,313,337,345
Imprisonment……………………. 325,326,329,331,332 ,

Illformation Bureaus ……………………….. 343-349 Inspection of interment facilities ————–_—-350 Intellectual pursuits- –………………………… 301 Internee committees- -…………………… 308-311 Internment (see this title-.4ccommodations.) Internment cards———————————— Investigations:
Deat,h or injury …………………………… Inspection of camp- – – ——..,——————-Offenses of internees- – – ————————–
Judicial proceedings (see this title-Court Proceedings.)
Killed or injured; special circumstances —————–
Labor:

Conditions—— – – – – —- – – – – – – – – – ———- – —-
Labor detachmmts———————————-
Laws applicable …………………. —————

Lawsuits against- —………………………….. 322 Legal aid———————————— 320,322 Legal documents 320,336 Maintenance—————————————-288 Medical examinations and care …………………. 298,299 hIoneys——————————–304,305 Notifications by Detaining Power ————312,336,338,343
Offenses: Generally……………………….. 324,327,328 Investigation……………………… 329 Punishment (see this title-Punishments.)
Penal and disciplinary sanctions (See this title-Punish- ment.) Personal effects …………………….. 304,346
..
Petlt~on, right ……………………………. 308 Postal exemptions—————————– 317 Prisoners of war, sepration from ………………… 291 Property, personal (see also this title-Money) :
Forwarding of personal property ———–__——346 Mawagement—————————-321 Personal effects ………………………… 304 Transfers———————-..———..——335
Protecting Powers: Complaints————————————-308 Notification——————-312,336,338
. .
Supervision————————————-350
.. .
Visitations————————–350 Protection…………………………………. 295
Internees-Continued Paragraph
Punishment : Basis———————————–331 Disciplinary ………………………. 324-333 General provisions———————– 324 Penalties prescribed ———— – —– – – – ———
C”

Procedures for imposing …………………… 330- 33 Prohibited punishment …………………… 271,272 Safeguards——————————331,332 Recreation——————————301 Release———————————339-342 Relief———————————————-315
Collective relief- – – – ……………………….. 316 Exemption from fees and duties- — – – – – – – – – – – – – – – – – 317 Relief shipments ……………………… 315,318,349
Relief societies- ………………………………. 349 Religious freedoms ………………………….. 293,300 Repatriation—————————-339-341
Costs———————————–342 Representatives of (see also this title-Protecting Pow-
ers)——————————————–308-311 Residence, return ……………………………. 341,342 Rights:
Generally……………………….. 266,291,307,334

During punishment ………………………. 331,332 Sanitation measures ………………………….. 292 Transfers:
Conditions……………………………….. 334

Methods———————————335 Visitors and visits (see also this title-Protecting Powers) –323 Wills———————————–320,336 Women———————-288,289,292,296,298,304,331
Internment: (see also Assigned residence) Areas———————————–98,290
. ..
Civilian——————————–286
Prisoners of war———————————— 97-100

Interrogation: Civilians, use of force prohibited ………………….. 270 Prisoners of war ………………………………. 93
Invasion, occupation distinguished from ——————–352 Invested areas, inhabitants– ……………………… 44 Jurisdiction:
Military jurisdiction, defined ………………… 13,505,507

War crimes, jurisdiction over …………………… 505,507

Killing or wounding: After surrender ………………………….. 85 Limitations on means —————————–33,34,41 Parlementaries, accidental or otherwise —————–461
Paragraph Page
Labor (See Labor under Aliens; Internees; Prisoners of war; Occupied territory.) Land warfare (See Hostilities.) Laws of war: Applicability……………………. 7-10. 6 Basic rules and principles ……………………….. 1-14 3 Bindingeffect—————————————3 3 Civil war, applicability- – – —– – – – – ——– – – – —— – -11 9 Custoxnary laws ……………………………. 4, 6-9,11 4,6,8,9 Declaration of war unnecessary to make applicable- – – —9 8 Enfoncement……………………….. 15-19,495-511 12, li6 Forca———————————–7 6 Interpretation of 1949 Geneva Conventio~~s relating to– 19 14 Jurisdiction to try offenses against —————-13,505,507 10, 180, 182 National law— – – — – – – – – – – —- – – — – – — – — – – — – — – 511 183 Protecting Powers, role with regard to– —————15-19 12 Purpose—-,—————————2 3 Sources———————————4 4 Termination of hostilities, effect– – – – – – —————-10 8 Treaties——————————————–4, 5, 7 496 Unwritten rules (see this title-Customary laws.) Violations (see also Prohibited acts; War crimes) ——-495-511 176 Legal documents (see under Internees; Prisoners of war) Levee En Masse: Defined———————————61,65,72 25,28,41 Treatment—————————65 28 Liberated Territory, Government— ———— – —– – —-354 139 Looting………………………….. 47,272,397 21,107, 150 Mail (See Correspo~~dence
under civilians; Internees; Prisoners of war, etc.) (see also Censorship; Information bureaus) Manua1,purpose———————————1 3 Martial law: Definition——————————————12 10 Distinguished from military government —————12 10 Medical commissions ……………………….. 191,192 74 Medical examinations (see under Internees; Prisoners of war) Medical personnel: (see also Wounded and sick; Red Cross) Civilian hospitals, employed- – – ———————–259 103 Definition, persons included —————67-69,225,226,259 28,89, 103 Emblem of protection ——————-55,238,240,259 23,95, 103 Neutrals, status …………………………. 229,233,545 90,92,191 Prisoners of war, status- – – ———————-67,68,230 28,29,90 Protection……………………….. 223,225,226,236 88,89,93 Retained personnel, status as– —————67,68,230-232 28,29,90 Return by the enemy—————————— 231-233 91 Security measures———————————– 231 9 1 Weapons, right to carry ………………………. 223 88 Medical stores and supplies: (see also Medical units) Free passage——————————–262 104 Occupied territories, use ………………………. 384,413 146, 154 Protection——————————————234 93 Requisition—- – – – – – — – —- – – — – —- – — – – –386,413-416 146,154
Paragraph
Medical units: (Including hospitals and mobile units.) (see also Medical commissions) Aircraft, use ……………………………. 237,261,540
Building, mobile units and stores, protection—— — – 220-223,
234, 253,257-258, 260, 261

Civilian hospitals ——,——————-
257,258,385,386
Defense of, protective status not thereby denied— — – – – 223
Emblem of protection —-,————–

55,242-215,248,257
Hospital ships ———————————209,260,541
Hospitalzones———-,———————-224,253
Hospitals (see this title-Buildings, etc.)
Location——————————-220,253
Neutral territory, pmage of units through——-, 539,540,541
Neutral units and the use of national flag ————-229,243
Occupied territory –,–_-,————

257,258,386,414,415
Protection of (see this title-Buildings, etc.)
Requisition of hospitals and other units- — – – —-386,414-416
Termination of protection —————————-222
Transportation units ———————————236
Utilization:—————————-222,223
Weapons employed in connection with- —————-223

Military attaches of neutral country- —————–83,457,549
Military commissions ——–,———————-.—13,505
Military government: (see also Occupied territory) Authority ——————–367 Courts, suspension ——————————373 Definition——————————–362,368 Distinguished from martial law ………………… 12 Financing——————————————364 Functions——————————-363,367 Lawsto beapplied——————————–369-372 Necessity——————————362 Puppet governments ——————————–,
366 Rights protected- – – -……………………….. —365 Military jurisdiction- —,- – __————— – — — – –13,505,507
Military necessity- — – ——————- – – – — –,——–3
Military occupation (See Occupied territory.)
Military passports (See Passport, military.)
Militia:

Definition—,————————————–64
Prisoner of war status ………………………. 61,64,74 Mixed medical commissions (See Medical commissions.) Money:
Internees——-,———————-
304,305
Occupied territory, use of (see also Taxation) ————430
Prisoners of war (See Prisoners of war-finances.)

Monuments, protection —-~-~——————-
57,405
Paragraph Page
Munitions:
Neutral territories:
Convoys———————————516-518 185
Purchases——————————-527 187
Shipments–,————————-517,518,525-527 185,187
Occupied territory:
Seizure authorized ……………………….. 401,403 151

Museums, protection ………………………… 57,405 24,152

National Red Cross (See Red Cross.)
Neutral Aid Societies (See Aid Societies.)
Neutral commerce, shipment of supplies for belligerents—- 516-518, 185, 187
525-527

Neutral countries (See Neutral Powers; neutral territory.)
Neutral persons——-,——,—————— 547-551 191
Belligerent acts …………………… 519,523,524,550,551 185,186,
192
Commerce with belligerents ……………………. 525-527 187
Definition——————————————547 191
Diplomatic personnel- —………………….. 83,456,549 34,166,
192
Export of arms ……………………………… 525-527 187
Forfeiture of neutrality ………………………… 550 192
Hostile acts ……………………………… 550 192
Medical personnel, security measures ————-229,233,545 90,92,191
Occupied territory:
Diplomatic personnel (See Diplomatic personnel
above.)
Offenses committed ………………………… 550 192
Status……………………………. 548 191
Protected persons, status- —————————-247 98
Rights, forfeiture ………………………… 550 192
Neutral Powers:
Asylum———————————-534,545 188,191
Belligerents, relations with:
Commercial shipment — – – – — – – – — – —-516-518,525-527 185,187
Communication facilities, belligerents’ use—– – –528-531 187
Diplomatic agents ……………………. 83,456,549 34,166,

192
Equipment of belligerents, disposition ————536,552 189, 192
Export contxols, impartiality ……………….. 525-527 187
Force, use to enforce neutrality ……………….. 519 185
Internment of belligerents ——————532,535, 537 188, 189
Medical units and medical personnel —–,—

243, 540, 545 96,189,191

191,185
Movement of troops and supplies. ————–517,518 185
Parole of belligerents ………………………. 535 188
Treatment of belligerents ——————-532,533,537 188,189

Neutral territory (See Neutral territbry.)
Neutrality (See Neutrality.)
Notification as to:

Neutrality –,,,-,-,,,,…………………….. 514 184

State of war- ———————————-21, 514 15, 184
Prisoners of war, duties concerning (See Prisoners of war.)
Protecting Power, role as (See Protecting Powers.)

Paragraph
Neutral Powers-Continued
Responsibilities————————526
Shipwrecked belligerents, detention 523, 544

-_—–,___-_,—-
Troop movements ————_———-___,-~—-
516, 518

Violations of neutrality- ——~-,——–~~—~—-
519, 520

Weapons:
Belligerents’ weapons, disposition ——————536
Transport or export – – – – ,– – — – – – – — – – – 516-51 8, 525-527

Wounded,and sick, duties toward (See Wounded and sick.)
Neutral territory: (see also Neutral Powers.)
Asylum———————————-532, 534, 545
Belligerents in (see also under Neutral Powers) –526, 532-535, 549

Communication facilities, use- –……………….. 528-531
Evacuation of prisoners of war …………………… 543
Inviolability——————————515
Medical aircraft ………………………………. 540
Medical personnel- ——-……………………… 545
Movements of troops and supplies through- ,_–_—–

516, 517
Prisoners of war, escapees- —————————538
Radio stations, etc., forbidden —-_–,—————

528-531
Railroad equipment …………………………. 552
Recruitment of troops prohibited …………………. 522
Restrictions on territory ………………… ——–518
Sale of supplies to belligerents ………………….. 525-527
Wounded and sick:

Internment and passage …………………….. 539-544
Neutrality: (see also Neutral persons; Neutral Powers; Neut-

ral territory.)—————————— 512-552
Definition————,—————————–512
Enforcement——————————519,520
Forfeiture——————————————550
Notification——————-. ————514
United Nations Charter, effect ————————513
Violations:

Defined———————————-521
Failure to prevent, effect of ———————–520
Individuals—————————–523,524
Prevention —————519, 520
Punishment————————————-521
Resistance——————————519

Neutralized zones, creation- — – …………………….. 254
Newspaper reporters, captured status— ——————-61
Newspapers in Occupied Territory (See Occupied territory-

newspapers.)
Non-belligerent powers (see also Xeutral Powers) ———-512, 513
Noncombatants:

Besieged places- – – —– – — – – — – – — – –.- – – ——- – -44
Prisoner of war status ………………………….. 62
Nonhostile agreements (See Armistices; Capitulations; Cartels;
Suspension of arms; Surrender).
Nonhostile relations of belligerents (See Belligerents-non-

hostile relations.) ……………………….. 44S494
Nonintercourse————————–449,450
Notification to neutrals (see also Protecting Powers)———- 21

Paragraph Page
Oath of allegiance to occupying power ——————,–359 140
Occupation (see also Occupied territory) —___————351-448 138 Annexation during ……………………….. 358,359,365 140,141 Civil Affairs administration distinguished ————–354 139 Definition———–,——————————351 138 Duration …………………………. 352′ 138 Effectiveness————,-,————-356,360 139,140 Government,nature———————————368 142 Invasion, distinguished from …………………….. 352 138 Proclamation—————————357 140 Question of fact ……………………………… 355 139 Sovereignty not transferred ……………………. 353,358 138, 140 Subjugation or conquest, distinctions ——————353 138 Temination—————————————-361 140
Occupational accidents (See Labor under internees; prisoners of war; Occupied territory.) Occupied territory: (see alao Civilians; Internees; neutral
pe~sons)———————,———-351448 Administration……………………. 362-378 Annexation——————————356,359,365 Assigned residence —————————- —- -433 Billeting of occupation army, authorized —————-379 Censorship of press and mail ————,————-
377
Charitable property (See Property-religious, charitable,
and cultural.)
Children………………………….. 262,263,383

Civil Affairs Administration, distinguished– ———,,, 354
Civil or military Government ……………………. 368
Coercion of inhabitants to obtain information, prohibited- 270
Collective punishment (see this title-penal Law).
Commercial intercourse, restrictions allowed- ———–376
Commercial transactions, military personnel (see below,

under Private gain of.)
Confinement: (see alao Assigned residence; Internment).
Place———————————–446
Pretrial——————————–439
Treatment during—-__——————-446,447

Contributions: (see also this title-Taxes.)
Method of levy or collection …………………… 429
Purpose………………………………. -428

Control of inhabitants ……………………….. 432,433 Costs of occupation (see also Contributions; Taxes.) ——364 Courts (see this title-Penal law)————-372,373,436,437 Crimes (see this title-penal law.) Criminal procedure (see this titlepenal law.) Currency and exchange controls ——————–,-, 430 Death penalty (see this title-Penal law.) Defenses at trials (see this title-Trials.) Definition——————————351-356 Detainees, treatment (see this titleconfinement, above)– 446 Deportations ………………………. 382 Devastation————–.————-410,411 Diplomatic personnel -,————————-
83,457,549
Paraglaph
Occupied t.erritory-Continued
Evacuation3—————————–,———-382
Food and clothing:
Generally———-__—–,————-384,388,413

Requisition —————,————-413,416
Freedom of movement- -……………………….. 375

Government: (see also this title-Administration.)
Civil———————————–368
Duress———————————-366
Functions————————————367,368
Local government———,——————— 366
Military government ………………………. 12,362
Nature——————-,————–368
Puppet governments ……………………….. 366

Government officials (see this titleofficials.)
Guides, impression ——– – —-,— – – ————— – -270
Hospitals:

Protection—————-,————-257,258
Requisition ……………………… 386,414,415
Zones———————————-253

Hostages forbidden- ———–,———————
273
Human rights of inhabitants –,———————–
386
Hygiene and health————,——————— 385
Inhabitants (see under appropriate subject headings here)
Institutions to be protected (see also Property) —- – —393,405
Internment (see also IntePneea) …………………… 433
Judges (see this title-Officials, below.)
Labor : (see also this tihofficials) —- – — – – — – — – – -418-422

Prohibited labor …………………………… 420
Protection of laborers ………………………. 421
Requisitions–………………………….. 419,420

Land, private and public (See Property.)
Laws: (see also this titLe-Penal law)———369-372,432,437
Administration——————-,———–370,437
Application————————————-437
Immunity of occupation personnel from local laws- –374
Occupation laws, when applicable ————352,360,374

Publication of new laws- ……………………. 435
Rights of action, not to be suspended ————–372
Repeal or suspension ——-,—————

370,371,434
Etiaintenance of occupation —–,———————
360
hiedical supplies ……………………… 384,386,388,413

Medical units —————–,——-

257,258,386,414,415
Military government, necessity for ………………… 362

Military services, recruitment, etcl.——————

418,420
Money (see this title-Currency.)
hfovement, restrictions …………………….. 375
National flags (See Flags-proper and improper use.)

Paragraph
Occupied territory-Continued Nationals of the occupying power: Immunity from local law ——————-,—–
374

Offenses committed before occupation ————–440
Nationals of other powers, repatriation —————–381
Neutral persons (see Neutral persons) ——————551
Newspapers, control ———————————377
Oaths (see also this title-Officials) ——————-359,423
Obedierice to occupation authorities ————–359,423,432

Occupation (see this title-Occupation.)
Offenses before occupation (see this title-penal law.)
Officials of hostile government:

Coercion—————————————422
Compensation………………………. 424
Oaths……………………………… 423
Obedience——————————-359,423,432

Punishment (see this title-Punishment.)
Removal———————————422
Salaries———————————424

Penal and disciplinary sanctions (see this title-Penal law.)
Penal law (see also this title-Laws) ——————432-448
Appellate rights ———————————443
Applicable law- ………………….. 369,370,434,437
Confinement——,———————–

439,446,447 Courts……………………………. 373,436,437 Defense at trial ——————————–,
442
Individual responsibility …………………… –448
Legislation………………………… 434
Offenses:

Committed before occupation —————–440
Generally…………………………. 438
Penalties————————————–, 438
Procedure for trials ………………………. 441-444
Publication of laws ………………………… 435
Punishments: ……………………….. 438-440
Collective punishment, prohibited— —— – –272, 448
Confinement…………………. 438,439,446,447

Death penalty …………………… 438,444,445

444
Offense committed before occupation ———–440
Repeal or suspension —,,————————

Notification to Protecting Power ——–,,,,—
369

Pillage prohibited ——-,——————-
—-397

Population, rights (see also appropriate subheadings under this title) ——-~–~-,———————
379-387
Postal service —–~—~———————–377
Press and radio —————————d——-377
Prisoners of war, status of persons in occupied territory– 72
Private gains by officers and soldiers forbidden—— —-398
Proclamation of occupation ……………………… 357
Property (See Property.)

Paragraph
Oocupied territory-Continued
Protecting Power: (see aZso Internees; Protecting Powers.)
Functions with respect to:
Foods, medical supplies and relief—– — – 384,388-390
labor_-^-_—,————————421
Trials—-__~-,————————-

442,444
Notification of:
Transfers and deportations- ——————382
Trials and sentences- ——,———–

441,444,446
Public finance-_- — – — -,– – – – – —– – —- – – – – — —- – 425-431
Public order—————_—————— 363,369
Punishment (see this title-Penal law.)
Puppet Governments ……………….. ———-366
Recruitment—-,—,——————-, 418
Relief and relief shipments ……………………. 388-391
Relief societies- ………………………………. 392
Religion:

Religious assistance ————,—————–387
Religious freedom …………………….. 252,266,380

Religious property, protection and use- ————405
Repatriation of nationals of other powers (see also Civilians;

Internees)——————————381
Reprisals prohibited- – – …………………….. 272
Requisitions (See Requisitions.)
Red Cross (See Red Cross.)
Residence, assigned ……………………………. 433
Revenue (see this title-Tates.)
Rights of action——————————— 372
Rights of inhabitants …………………….. 365,379-387
Schools———————————–383
Security measures ……………………. 248,266,369,399

Services, requisition ………………………. 418,419,422

Sovereignty—————————353,358
Subjugation or conquest ——————————353
Submarine cables– ——- — —– – —– – – – — – —- – —41 1
Taxes: (see also this title-Contributions.)

Changes in tax law ……………………….. 426
Collection………………………… 425,427
Tv~es———————————–426

..-
Use————————————-425
Termination of occupation …………………. 360,361,447
Transfers of populations ……………………….. 382
Transportation, control …………………………. 378
Trials: (see also this title-courts; Penal law.)

Appellate rights …………………………… 443
Defense, rights ………………………….. 441-445
Notification to Protecting Power- —————–444

Women (see also Internees-women) —- 253,256,262,266,271,
446

Paraoraph PaPC
Occupied territory-Continued Workers (see this title-labor.) Officers: (see also War crimes-officials.) Captured (See Prisoners of war-officers.) Gains, private, forbidden in occupied territory ———-398, 150 Internment by Neutral Powers ………………… 532,534 188 Liability for war crimes …………………… 501,509,510 178, 182,
183
Parole in neutral countries ………………………. 535 188 Opening of hostilities (See Hostilities.) Orders and regulations: (see also War crimes-orders of
superiors.)
Prisoners of war, posting in prisonersr language- -,- – – – – – – 117 45 Orphans, care———————————— 263,383 105,145 Outlawry and assassination …………………….. 31 17
Parachute, persons descending- –…………………… 30 17 Parlementaries————————–458-468 167 Parole:
In neutral territory ……………………….. 535 188

Prisoners of war (See Prisoners of war-parole.) Passports, military ………………………….. 454,455 165, 166 Penal and disciplinary sanctions (See Internees; Occupied
territory; Prisoners of war.) Perfidy…………………………….50,493 22, 175 Permitted acts, specifically mentioned:
Atomic weapons——————————— 36 18 Bombardment—————————–42 20 Property destruction ……………………….. 56 23 Ruses———————————–51 22 Spies———————————–77 33 Strategems—————————————–48 20 Weapons, employing fire ………………………… 36 18
Personal Property (See Internees; Prisoners of war; Property;
Wounded and sick.) Physical examinations (See Internees; Prisoners of war.) Pillage prohibited ———————————47,272,397 21,107,150 Poison——————————————-37 18 Policing of battlefield- -……………………………. 216 85 Populations shifts in occupied territory (See Occupied terri-
tory-transfers.) Political authorities, power to capitulate ……………….. 473 170 Postage (See Mail.) Principles, basic principles of the law of war- —————3 3 Prisoners of war————————————- 60-207 25
Accidents——————————-193 75 Accommodations in neutral country ————–188-190,194 73,75 Accounts (See Finances, below.) Accused prisoners, rights ………………….. 175,181,882 68,70 Acts committed prior to capture ………………….. 161 63 Addresses of prisoners, belligerents to inform each other– 203 79 Administration of (see thie title-Camps.) Agreements on treatment ………………………. 86 35 Aid societies (see also Red Cross) ————–69, 14&151,206 30, 57,81 Aidingthe enemy———————————- 79 33
Paragraph Page
Prisoners of war-Continued Airbornetroops————————————-63 Appellate rights (see this title-Judicial proceedings.) Armistice, disposition during …………………….. 487 Authorities of detaining power, relations with- — – – —154-157 Asylum——————————————–199 Attach& and other diplomatic representat,ives of neutral powem———————————–83 Badges and decorations- — – ———————— – 94,116 Books, may receive——————————— 148 Bureau of Information- ………………………. 203-205 Buri51, certificates, etc …………………………. 201 Camp followers, status …………………………. 60.70 Camps: Administration———- – — ——– – – — —- – – —115 Geneva Conventions, regulations and orders, posting- 117 Hygiene———————————106 Responsible officer– – – – — – — – — – – – – – – – – – – – – – — – -115 Screening———-__——————-100 Supervision——————————–207 Transit…………………………… 100,106 Working————,,———————99 Canteens——————————————104 Captivity: (see also this title-Capture) Beginning——————————-93-96 Termination—————————–185-202 Capture: Acts committed prior- …………………….. 161 R.ecapture………………………… 170,185 Capture cards———————————– 146 Cartels——————————–197,469 Censorship——————————152 Central Prisoner of War Information Agency– – – – – – – – – 204,205 Chaplains (see this title-Religious ministers.) Civil capacity ————,– – —- – – – – ,———–
–, 90
Civil officials as prisoners of war………………….. 70
Civilians (See Civilians.)
Clothing………………………… 103,105
Coercion for:

Inducement to admit guilt …………………… 175

Obtaining information, prohibited- —————-93 Collective Punishment (see this title-Punishment.), Combatants and noncombatants –,——————-
62
Comrnandos—————————————-63
Compelling to serve in hostile forces, forbidden– — – – – -,502
Complaints and requests, right to make- —————154
Confinement as punishment (see also this title-Internment.)

Conditions……………………. 173,174,179,184
Duration———————-174
Hearings prior to……………………… —–I79
Place– – —————————-,—173,184
Pre-trial—– – ——- – – – — – – – – – – ——– – – — – – 179

Paragraph
Prisoners of war-Continued
Conviction :
Appeal from- …………………………….. 182
Enforcement—————————–184
Notice—————————————–183.
Correspondence:
Capture card ……………………………… 146
Censorship and suspension ——,—————–

152
Dispatches——————————147,150
Exemption from postage and duties —————-150
General rules ……………………………. 147-153
Legal documents——————————- 153
Parcels———————————148,149
Relief shipments …………………………. 148
Special transport- -……………………….. 151
Telegrams——————————-147,150
Transfer………………………….. 124

Courts ……………………………. 71,160, 178
Dangerous work (see this title-Labor)
~ead:

Burial……………………………. 201,202

special circu&stances of death- ——————-202
Death penalty ………………………….. 176,177,183
Definition:

Personsincluded——————————–60-71
Persons excluded- ………………….. 72-83
Deployment of prisoners (see also this title-Labor) –,—-

Detaining power:
Accounts maintained ……………………….. 140
Responsibility for treatment of prisoners ———–88,91

Detention in combat zone ………………………. 99
Diplomatic personnel of neutral states ——————83
Discipline and disciplinary punishment (see also this

title-Punishment) ——————115-118,165,166,172
Power to administer ……………………… 115,172
Right of defense …………………………… 172

Discriminations………………………………. 92
Documents,legal———————————–153
Enemy, relations with ………………………… 154-157
Escapee (see a290 this title-Punishment) – – – –167-170, 538, 543

Exchange——————————–197,487
Exposure to combat fire ………………………… 99
Exterior, relation with- – – …………………….. 145-153
Evacuation (see also thiss title-Transfers) —– – – – –95, 96,543
Finances :

Accounts:
Maintained by detaining power- – – ————941

134, 135,140-144
Right of prisoners to inspect ——————141
Terminating ……………………….. 142

Adjustments between parties to conflict —–,–,—
143

Canteen funds,, -e,,,-,,,—————–,—–
104

Paragraph
Prisoners of war-Continued
Finances-Continued Claims for compensation- –…………………. 144 Money of prisoners of war ——————-94,134-143 Payadvances—————————–136,140,143 Ready money———————————– 134 Receipts issued for funds of prisoners- ————94,139 Restrictions by Detaining Power- ———–136, 138, 139 Supplementary pay —————————–,
137
Transfer of funds ——————————–139
Wages for labor or working pay- ——–130, 133,138, 140

Food:
Generally-___—————————-102,105
Mess supervision- —————————–120,121

Force used against (see this title-Coercion)
Funds of prisoners (see this title-Finances)
General divisions of enemy populations —–,-60

,-,—–,,
Geneva Conventions, posting of text —————,-,-117
Gifts———————————–148-151
Graves———————————-201
Guerrillas………………………… 80
Hospitalization (see this title-Medical Examination and

care)
Humane treatment- -………………………….. 89
Hygiene and health ……………………… 106,108,184
Identification and identity cards ————61,93,94,201,203

Imprisonment (see this title-Confinement)
Infirmaries………………………… 107
Information Bureaus …………………………. 203-205
Information to be given by prisoners— — – —– – 1——93
Injuries–,-,————————-

107, 130,131,193,202
Insignia of rank and badges …………………….. 94,116
Insults and public curiosity, protection —————–89
Intellectual pursuits- ——————————–114
Interim protection if status doubtful ——————-71

International Committee of Red Cross (See Red Cross)
Internees, to be separated ………………………. 291

Internment of prisoners:
Generally~——————————97-100
In neutral country ——————————-190

Interrogation……………………… 93

Judicial proceedings- — – —————————175-184
Appellate rights ………………… – – ———-182
Defense…………………………… 175, 181
Notification of proceedings to:

Accused———————————180,183
Protecting Powers (see this title-Protect.ing

Powers)
Principles in general- -……………………… 175
Sentence, validity and execution ————-178,183, 184

Killing prohibited in certain instances- —–,———–85
Paragraph
Prisoners of war-Con4inued
Labor:
Accidents, occupational- …………………. 130,131
Authorized labor- -………………………. 126, 128
Complaints regarding- ————- – – – – – – ——126, 133.
Conditions——————————127
Dangerous or humilitating labor, generally prohibited- 128
Detachments of labor, administration- ————-132
Disease, occupational ————————–130, 131
Duration of, hours and days …………………. 129
Employers, private ………………………… 133
Generally………………………..

125
Medical examination and care ………………… 131
Officers and non-commissioned officers ————–125
Persons subject ——–,,——————–125, 157
Physical examination- -,—,,,——————-

131
Prisoners’ representatives ,–,,,———————157
Rest required ,———,,,-,——————–

129
Wages——————————-130,133, 138, 140
War operations, relations to ———————126,128

Language employed ………………….. ——93, 117,155
Laws and regulations applicable- —- – – – – – — – ——–117,158
Ex post facto laws prohibited —————–,—

175
Legal documents———————————— 153
Legislation. (see this title-Laws.)
Letters. (see this title-Correspondence.)
Levee en masse …………………………….. 65
Maintenance-~-~~,———————–

91,136,143
Medical duties —,———————-_——-
109
Medical examination and care (see also this title-Wounded
and sick) ——,——————–

107,108,131, 191,192
Medical commissions, mixed- ………………….. 191,192

Medical persoanel:
Neutral personnel– —————————–233
Retained personnel -,,—-,————–

67,68,230-232
Status and duties -,,,,,,,—-

67,68, 107, 109, 131,230,233
Voluntary aid society personnel— —————69,230
Mess supervision (see also this title-Food) ————120, 121
Militia and volunteer corps —-,,,————,—-

61,64,74 Military attaches of neutral state ———————-83 Ministers of religion. (See Religious Ministers, below.) Money. (see this title-Finances.) Movement, liberty of ———,———————-
97
Neutral personnel (see also this title-Protecting Powers)–83, 233
Neutral territory:

Accommodation-,,,,, 188-191,194,196,538,546
,_–,—-
Internment-~,–,-,,———————
190
Passage through …………………………. 538,543
Treatment—,—————————

538
Wounded and sick prisoners- ——————-188,189

Paragraph Page
Prisoners of war–Continued Non-commissioned officers, supervisory work only —–,-125 48 Notification by belligerents: To each other (see also this title-Information Bu-

reau)———————.
————119,134,145 46,51,55 To Protecting Power —,————————-
145, 55,61,66,
157, 170, 176, 177, 180, 181, 183,202 68, 69, 70,
71,79
Occupational accidents. (see this title-Labor.)
Occupied areas, certain persons in- ————,-,—–

72 31 Offenses (see also this title-Punishment ;Discipline)—-,-158 62 Committed prior to capture ———————–161 63 Officers: Generally–,–,,-,,———————
115,120
Labor…………………………….. 125

Mess supervision- …………………… 120

Prisoners’ representatives— — – – – ————- – – –155
Quarters………………………….. 173
Orders and regulations, posting –,—–,—————

117
Parcels by mail may be received………………….. 148
Parole—-_—- – — – — – —– – —- – – – ——– – —185-187
Pay (see also this title–Finance).
Advance pay—————————— 136
Labor,pay———————————–130,138
Supplementary pay ………………………… 137
Penal and disciplinary sanctions. (see this title-Punish-
ment.)
Personal property (see also this title-Clothing) — – – —-94,217
Physical exercise. (see this title-Recreation.)
Posting of Geneva Conventions, regulations, etc—– – —117
Prisoners’ representatives. (see this title–Represent*
tives of prisoners.)
Protecting Powers:
Complaints———,——————–154,157
Correspondence——,——————-147,151
Notification as to:
Deathpenalty————–,————-176,177
Judicial proceedings …………………… 180,181
Killed or injured prisonere ——————–202
Labor———————————–132
Measures taken concerning prisoners ———–145
Recapture…………………………. 170
Supervision of camps ……………………….. 207
Visitation of camps- ……………………….. 207
Protection:
Commencement and termination- – – – ————–84
Generally…………………………. 84-92
Hazards of war ……………………………. 99
Interim—————————————-71
Punishment ………………………… 158-184
Acts committed prior to capture ——————-161
AppeaI, right …………………………….. 182
Coercion—————————————175
Collective punishment forbidden ——————-163

Paragraph Pale
Prisoners of war-Continued
Punishment-Continued
Confinement——,—————————–173 67
Courts—-,–,————————–160, 178 62, 68
Death penalty ………………………. 176, 177, 183 68, 71
Defense, right …………………………… 172, 181 66, 70
Disciplinary punishment (see also thi8 title-Disci-

pline) ——,——————
115-118, 165, 166, 172 45, 64, 66
Duration-,,,—————————, 166 64
Escape–,—————————,

167-170, 538, 543 65, 189, 190
post facto laws prohibited ———————-175 68
Execution of penalties ……………………. 164, 173 64, 67
Forms……………………………… 165 64
General principles- ———-,————–163-165, 175 63, 68

Leniency,-,—————————–159 62
Notice :
Proceeding for- – – ……………………… 180 69
Results…………………………… 183 71

Place—–,—————————–173 67 Repatriation or accommodation in neutral country—- 194 75 Repetitive punishment prohibited- —————-162 63 Rights during ………………………….. 174, 184 67, 71 Safeguards-,—————————–
174 67
Sentence, validity …………………………. Quarters………………………. ,–101, 105 40, 42 Questioning-,_————————–
93 37
Rank :
NotZcation to parties to conflict ——————119 46
Recognition-…………………… 115, 119-121, 174 45, 46, 67

Rations (see this title-Food.)
Recapture—-,-,——,—————–167-170, 185 65, 72

recreation—^—————-,——–114 45
Red Cross (See Red Cross.)
Release…………………………… 185-200 72
Relief, shipments ——————————-148-151 57

Exemption from postal and transportation charges— 150 58
Transportation, special ——————151 58 Relief societies (See Aid Societies; Red Cross.) Religious freedoms —,—————————-
110-113 44
Religious ministers- – – ,,,-,———-,———-67, 11 1-1 13 28,44
Renunciation of rights prohibited …………………. 87 35
Repatriation (see also Exchange of prisoners; Release of

prisoners): Activity of repatriated prisoners ——————-196 76 Armistice to include privisions- – – —————–487 173 Asylums permitted- —————————–199 77 Costs————-,———————
195, 198 75, 76 Exchanges——–,,,——————–197 76 Hostilities, end ———————————,
198 76
Injured prisoners —————————-,–.75

193
Mixed medical commissions, examinations ———,74

192
Prisoners serving sentences- – – – ——————,

194 75
Procedures—————,————-200 77

Wounded and sick- —–,——–,,——,-
66, 188, 189 28,73
Paragraph Page
Prisoners of war-Continued Reports———————————154 60 Representatives of prisoners- – – ———————154-157 60
Duties———-,——————————156 6 1 Prerogatives—–,-………………………. 157 61
A

Reprisals prohibited- – – ……………………… 89 36 Retained personnel ————————–67, 68, 230, 232 28, 29, 90,
92 Rights protected (see this title-Treatment) Screening camps …………………………….. 100 40 Security measures ………………………….. 99 40 Segregation—————————92 37 Sick and wounded (see this title-Wounded and sick) Special agreements concerning ————————-86 35 Spies. (See Espionage, Sabotage, and Treason.) Summary execution forbidden ……………………. 99 40 Supervision by protecting powers (see this titleProtecting
powers). Transactions with enemy prohibited- ——————94 38 Transfers——————————-122-124 47
Circumstances precluding ……………………. 123 47
Conditions………………………… 122 47

procedure——————————^ 124 47 Transit camps———————————– 100 40 Treatment:
General rights —-………………………… 84-92 34

Non-renunciation ———————–87 35 Equality of treatment —————————-92 37 Officers———————————120 46 Non-officers………………………………. 121 46
. .
Responsibility—–__——————-88 36 Trial: (see this title-Judicial proceedings; Punishment.) Uniform, necessity for recognition as belligerent- ——- – 74 31 Violence and intimidation prohibited ——————-89 36 Visitation and supervision of camps by protecting powers
(see this title-Protecting Powers.) Voluntary aid societies for (See Aid Societies.) Volunteer corps ……………………………. 61, 64, 74 25, 27, 31 Weapons to be used against prisoners of war ————118 46 Wills…………………………………….. 153, 201 59, 78 Women as prisoners of war, special mention:
Protection generally ………………… 90, 92, 125, 184 36, 37, 48,
71
Punishments—————————164, 173, 184 64, 67, 71
Quarters—————————–101, 106, 173, 184 40, 42, 67,

71 m-ork (See Labor.) ‘Kounded and sick:
Eva~uation————-~~———–95 39 Medical examination– ————107, 108, 131, 191, 192 42, 43, 50,
74 Neutral countries, accom~dation —— – – – – – – — – – -,-188 73 Protection………………………… 211, 217 84, 85
Repatriation……………………… 188,189,193,195 73,75

Paragraph Page
Prisoners of war–Continued
Sentenced prisoners …………………………. 194

Special agreements with respect to ……………….. 86,212

Status asprisoners——————————-66
Transfers——————————-123
Prisoners of War Information Bureau …………………. 203 Prohibited Acts: (see also Weapons) \
Assassination and outlawery- ……………………. 31

Bombardment of undefended places ……………….. 39,40

Civilians, certain acts towards- —,—————–
271-273
Commencing hostilities without declaration of war——, 20
Compelling enemy to participate in hostilities against own

country——————————————32
Confiscation of enemy property (See Property.)
Destruction of:
Historical and educational institutions-, ,,,,,,,,,,, 57
Property,————————————–58
Submarine cables (see this title-Submarine cables)- – – 411
Devastation (see also this title-Destruction- —- —- — -,41, 56
Flags and insignia, improper use of (see also Red Cross) –52-55
Geneva Convention emblem, improper use —,-,-,——
55
Germ Warfare- ———,—–~ ~ ~ ~ —–

37,38
Guides, impressment -,,,,,,,~~-~~———

270
Hostages, taking- – – – ——–, 273

,———– – ———
Injury of enemy after surrender or by prohibited means- –29,33
Ill-treatment of peaceful populations– — – – – – – – – – — – – – –11
Paratroopers, firing on- ———–,—-30

,——— — —
Perfidy (see this title-Treachery.)
Pillage of civilians prohibited ,-,,,,,,,—272

,,———– — –
Poison (See Weapons.)
Prisoners of war:
Discriminating treatment ,-,,,,,,-,————–,

92
Inhuman treatment ———-,,——————89
Killing or wounding ——————————85
Status, non-renunciation ,———————–

87
Punishment, collective punishment forbidden- – – – – -163,272,448

Quarters, refusal -,,–,,————————–
28
Red Cross emblem, improper use (See Red Cross.)
Reprimls—–,——–,———214
Revengeful acts————-,——————– 497
Safeguard violations- ———————457
Submarine cables, destruction of -,-,——————-

411
Surrendered personnel, killing or wounding- – – ———-29
Torture and other inhuman treatment -,-,————–

85
Treachery or perfidy——————————— 50
War crimes, acts included (See War crimes.)
Weapons, certain weapons prohibited (See Weapons.)
Wounded and sick, ill treatment ——–,,-,———

216,502 Property:
Bombardment (See Bombardment.)
Booty of war ………………………………. 59

Captured————————–,-
59,395,396
Parauraph Page
Pr operty-Continued Charitable………………………. –45,46,57,405 21,24,125 Combat, treatment during ……………………. 56-59 23 Confiscation or seizure (see also this title-Requisitions; Pillage)———,———–24, 148,
58,393,395,396,406,409,410
150, 152,
153
Control by occupying power …………………….. 399 150
Cultural…………………………. –45,46,.57,405 21,24,152
Destruction or Devastation —–,——–23,24,

66,58,393,410,476
148, 153,
171
Expropriation————————-, 431 158
Internees, property- ———————————321 126
Militmy—— – ——,———————-401,404 151
Municipal——————————,———-405 152
Pillage, prohibited ……………………….. 47,272,397 21, 107,
150
Prisoner of war, property ……………………….. 59,94 24,38
Private gain by soldiers- ——————,———-398 150
Private property:
Confiscation prohibited ……………………… 406 152
Destruction……………………….. 393,410 148,153
Distinguished from public- ———————–394 149
Immovable requisition or seizure- – – —————407 152
Military use ———————————-408,410 152,153
Movable————–_——————408-410 152
Prohibited acts with regard to (see also Prohibited
acts)———————————-406 152
Realty—————————————–407 152
Seizure—————,—————-408-410 152
Public property:
Administration by Occupying Power —————400 151
Disposition by Occupying Power- —————–402 151
Distinguished from private property —————394 149
Military use ……………………………. 401,404 151
Movable———————————403,404 151
Preservation ………………………. 400 151
State property-,———-,—————— 400-404 151
Railway equipment (See Railway equipment.)
Religious, charitable, cultural, etc- ————-45,46,57,405 21,24,152
Requisitions………………………. 407,412-417 152,153
Security measures- ——————————,

399 150 Seizure (see this title-Confiscation.) State property (see this title-Public property.) Submarine cables– ——————— – – —- – – – — – 411 153 Surrender, disposition of property- – – —————-475,476 170,171 Undefended buildings, bombardment ——————-39 19 Protected persons: (See also Aliens; Civilians; Internees) —246-350 97 Coercion prohibited ————-,————–270 108 Collective penalties prohibited- – – –,—————–,
272 107 Definition ……………………… 247 98 Derogations permitted- – – –~-~—,,~—————-
248 99
Paragraph Page
Protected persons-Continued
Neutrals——————————–247 98
Reestablishment————————-249 99
Rights, non-renunciation- – – ———————251 100
Special agreements ………………………… 250, 100
Treatment, responsibilities …………………… 268 106
Protecting Powers, application to and visits by—- 269, 350, 446 107, 136,
163
Protecting Powers– ——————–.—————-15-19 12
Arbitration and conciliation procedures —————–19 14
Complaints from:
Internees——————————-308 121
Prisoners of war …………………………. 154,157 60,61
Defined———————————-15-19 12
Failure to function, remedies …………………….. 18 13
Functions——————————-15-19 12
Generally——————————16 12
International Red Cross Committees, no obstacle to
functioning……………………………….. 17 13
Notification with respect to:
Internees——————————-312,336,338 122,131,
132
Prisoners of war —————145, 157, 176-177, 180, 181 55, 61,68,
69,70
Protected persons —————–183,202,382,441,445 71,79,
144, 161,
163
Substitutes for- -……………………………… 18 13
Supervision of prisoners of war …………………… 207 82
Trials, representatives at- …………………….. 181,444 70, 162
Visitations by ………………………………. 207,446 82, 163
Provost courts, jurisdiction- ……………………… 13 10
Punishment of:
Inhabitants of occupied territory. (See Occupied ter-
ritory.)
Prisoners of war. (See Prisoners of war.)
Spies. (See under Espionage, Sabotage, and Treason.)
War criminals. (See War crimes.)
Purpose of manual ……………………………. 1 3
Quarters. (See also Internees; Prisoners of war.)
Refusal…………………………… 28 17
Radios:
In neutralterritory–~————————–528-531 187
In occupied territory ………………………. 377 144
Railway equipment:
Neutrality rules concerning —————————552 192
Rank (See Prisoners of war see also Officers)
Recapture (See Prisoners of war.)
Recruitment:
Neutral territory- …………………………….. 522 186
Occupied territory ——————————-418 154
Red Crescent (see also Red Cross-emblem) ————-,-

238,264 95,105
Paragraph Page Red Cross (see also -4id Societies; Medical personnel; Medical units.) American Xational Red Cross -,-,———————
228 90
Emblem— – — – – —- – ———,—– – – ————-238-245 Auxiliary personnel, use …………………….. 241 Form———————————–238 Hospitals and other medical units and establishments; marking……………….. ,-, ———242,257,266
Improper use, prohibited ——- – ————-55,244,245 Medical personnel, use- -………………….. 240,259 Peacetime use …………………………… 244,245 Religious personnel, use- ————————-240 Transports, land, sea, and air- ——————260,261 United States reservations to 1949 Geneva Conven- tion——————,—————–245
95
96
95
96,102 106 23,96, 97 95,103 96,97 95 104
97
Family news, facilitation- ———-,—————–
264 105
International Committee of Red Cross activities- 17-19, 148, 149 13, 57
Hospital Zones, good offices for establishment- 204, 224,253 80,89, 101
Prisoners’ representatives, right to consult with—- 155, 157 60,61
Purpose…………………………… 204,347 80,135
Relief Shipments of Central Agency (See Relief
shipments.) ———————————204,347 80,135
Special status to be given recognition- ———–206,349 81,136
Substitute for Protecting Power (see also Protecting
Powers)————————————–18 13
Visits, with respect to:
Prisoners of war —,,,,,-,—————–

206,207 81,82 Protected persons ——,-,—————–
350,446 136, 163 National Red Cross societies, status of personnel- — – – – – 69 30 Prisoners of war status of medical personnel ————-69 30 Protected Persons, right to complain ——————-269 107 Relief activities ——–148, 149, 151, 315, 316, 318, 388, 390, 392 57, 58, 123, 124, 125, 147, 148 Red Lion and Sun (see also Red Cross-emblem) ———-238,264 95, 105 Red Shield of David (see also Red Cross-emblem) – – — — – -238,264 95, 105 Refugees——————————————-283 111 Relief shipments (see also Civilians; Internees) ——–148-151-315 57, 123 Relief Societies (See Aid Societies; Red Cross.) Religion: Religious activities and freedoms (see unde~ Aliens; Ci- vilians; Internees; Prisoners of war; and Occupied territory.) Religious buildings, protection ———————45-47,405 21,152 Religious personnel (see also Chaplains.) Capture, retention or return by an enemy — – 111,230-232 44,90
Emblem of protection —————-,———–
240 95 Security measures with respect to ——————231 91 Remedies Available for Violation of International Law- —495-51 1 176 Repatriation (See Occupied territory; Prisoners of war, Wounded and sick.)
Paragraph
Representatives of: Belligerents (See Parlementaries.) Internees (See Internees.) Neutral states (See Neutral Powers-diplomatic agents.) Prisoners of war (See Prisoners of war.) Red Cross (See Red Cross.)
Reprisals– — – —— – – – — —– – – – – – ——- – ——-495,497
Requisitions (See occupied territory.) Coercion, use of ………………………………. 417 Compensation—————————-416 Enforcement……………………….. 417 Food and medical supplies …………………….. 413-416 Hospitals——————————-414-416 Labor and other services ………………………. 418-424 Method of requisitioning- …………………….. 412,415 Property——————————–412
Reservations to 1949 Geneva Convention ——————-245 Retained Personnel, medical and spiritual religious personnel
67,68,230-232
Retaliation (See Reprisals.) Revengeful acts prohibited— – – – – ——– – —————-497 Rewards for captured or killed enemy …………………. 31 Rockets, use————————————- 34 Rules of War (See Laws of War.) Ruses of war ………………………………. 50-55
Sabotage (see under Espionage, Sabotage, and Treason) Safe-conducts (see also Passports, militby) – – ————-454-456
Distinguished from passports– – – ——————-455-456 Safety Zones (see also Hospital zones; Neutralized zones) —–253 Safeguards—————————‘ -454,457
–
Sanitation: Internees——————————-292 Prisoner of war camps- —————————–,
106 Science, buildings devoted to, protection ——————-45, 46 Security measures (See Aliens; Civilians; Occupied territory;
Prisoners of war; Property; Religion-religious personnel.) Segregation (See Prisoners of war. see also Women) Shipments to prisoners of war …………………….. 148
Relief shipments (see under Relief shipments) Shipwrecked belligerents, detention by neutrals—, ,,,,,,,,, 647 Sick and wounded (See Wounded and sick.) Sieges (See Besieged places.) Signs, to distinguish protected buildings, etc ————,–,
45,46 Sources of law- —————————————–4
Special agreements with respect to: Civilians, protection ………………………… 250 Hospital and safety zones- ———————-.—224,253 Neutralized zones- – – – – ——————–,———254 Prisoners of war, …………………………….. 86 Wounded and sick ——————————-,–, 212
Spies (See Espionage, Sabotage, and Treason.)
Stratagems (see also Prohibited Acts) —————-,—,,

48-55
Subjugation, distinguished from occupation (see also Puppet governments) —————,——-,-,-
353
Paramapb Page
Submarine cables …………………………… 411 153
Subordinates, responsibility for acts ———————— 501 178
Summary executions (See Prisoners of war.)

509 Supplies, requisition (See Requisitions, above.) Surrender (see also Capitulation; White flag) –,——-,—Superior orders, no deference to war crimes ———,-,-,-,-
470,478 Surrendered places ————-,————–,–
41 Suspension of arms (see also Armistice)——-,,——-,—-
485
Taxes (see Occupied territory-taxes.) Telegraph and telephone: In neutral territory —–~——
,-,,—-,-,—–528-531 In occupied territory ——-,———————-
377 Torture, forbidden (See Civilians; Prisoners of war.) Transfers (See Internees; Prisoners of war and occupied terri-
tory.) Transit Prisoner of War Camps (See Prisoners of war.) Transportation:
In occupied territory ———-__——————-378
Wounded and sick——————————— 260-261 Travel, occupied territory- –……………………… 454-456 Treachery, forbidden ——————————-50,493 Treason (See Espionage, Sabotage, and Treason) Treaties, generally (see also Geneva Conventions, Hague Con-
ventions)————————————–4,5,7 Trials (See Prkoners of war; Occupied territory; War crimes.) Truce (See Armistice.)
Undefended places, attacks or bombardment ———-39,40,45,46 Uniform, necessity for status as belligerent— ————–74 Uniform of enemy :
Improper use————————————- 52
Proper use————————————- 54 United Nations ———————————–513 United States Reservations to 1949 Geneva Conventions- —-245 Universal Postal Conventions ————,—————-150 Unwritten rules of land warfare- ———————–4,6-9, 11
Violations of the laws of war (see also War crimes.) ——–495-497 Volunteer aid societies (See Aid Societies; see also Red Cross) Volunteer corps of belligerents- ———-,————-61,64, 74 Volunteers to care for wounded and sick ——————219
War: Declaration……………………….. 9,20,21,23,24 Definition———————————-,—–,-8 Laws of (See Laws of war.)
War crimes- — — – —— – – – ——— – – ————-495,498-511 Acts which constitute ———————-494, 499,502,504
Armistice, ~iolation ………………………. 494 Attempts——————————————-500 Collective punishment (see this title-Punishment.) Complicity ———————————,——-
500 Conspiracy- – —————–,———500
Paragraph
Death penalty (see this title-Punishment.)
Defenses——————,————-509-511

Definition (see also this title-Acts which constitute.)-, 499
Execution, ‘without trial, forbidden- ——————-504
Geneva conventions, grave breaches- ————502,503,506-
Government officials- —————————–501,510
Hostages, taking of ……………………………. 502
Incitement——————————500
Individual responsibility —-_—- – — – – — – – — – – — – – –498
International law, violations- …………………. —498
Jurisdiction –,-,,,———————

13,505,507
Laws applicable ………………………… 505,507
Mitigation because of superior orders- – – ————–,

509
National law no defense ………………………… 511
Officials of the government ……………………. 501,510
Orders of superiors …………………………. 509
Prisoners of war, liability ……………………… 161, 163
Punishment:

Amount———————————-508
Collective punishment prohibited ————–508
Corporal punishment prohibited ——————-508
Death penalty …………………………. 508
Responsibilities……………………………. 506

Remedial action other than punishment —————-495
Subordinates, responsibility for acts ……………….. 501
Superior officers, responsibility for acts of subordinates– 501
Superior orders —-,,—————————

509
Suppression—–,———————-506
Trials——–,-,———————–

163,505,507
War. Criminals (See War crimes.)
Warfare (See Hostilities; Bacteriological warfare.)
War treason (See Espionage, sabotage, and treason).
Wea~ons:

Atomic—–,,,,,,,-,——————–35
Bullets, certain types prohibited ———————-,

34
Causing unnecessary injury, forbidden- ——–,—–,,

34
Gases, chemicals and bacteriological warfare- ———–38
Grenades, use authorized ……………………….. 34
Medical units and personnel, authority to use ———-,

223
Poisons…………………………… 37
Prisoners of war, use against …………………….. 118
Rockets———————————34
Suspension of arms ……………………………. 485
Use of fire ………………………………. 36

White Flag, use of …………………….. 53, 458, 460, 467, 504

Wills: Internees–,—————————-
320,336
Prisoners of war———————————–201
Women (see under Aliens; Internees; Prisoneq of war and
occupied territory).

Paragraph
Workers (See Internees-labor; Occupied territory; labor; Prisoners of war-labor) . Wounded and sick (see also Prisoners of war; Red Cross) — – -208-245
Abandoned, medical personnel to be left with- ——– – – 215
American National Red Cross (see under Red Cross.)
Arm and ammunition 223

Bombardments and sieges, spared in- — – –45,209,220,222-224
Captured, status as prisoners of war ——————-208 Care and treatment ………………………. 215,216,219 Casualties, search and removal …………………… 216 Civilians (See Civilians-wounded and sick.) Coastal rescue craft ——-,————————-
209 Convoys—————————-539-544 Death———————————–236-237,260,261
Defense (see this title-Protection- — – _– – – – – – – – – – – – – — – – -217, 218 Detention in neutral territory ………………….. 542-544 Emblems, use————————————- 238-245 Evacuation—————————————–256 Examination by medical commissions- —————191,192 Exchange of wounded and sick …………………… 216 Geneva Conventions, execution of ………………… 214 Graves Registration Service ……………………… 218 Hospitals (See Medical units.) Hospital ships ……………………… 209 Hospital zones ……………………………. 224 ~umanetreatment— – ———— – ————– – 215,216 Identification—————————217 Ill-treatment—————————————-216 Information to be exchanged …………………….. 21.7 Inhabitants may be asked to care for- – – —————219 Internment in neutral state ……………………… 542 Medical personnel (See Medical personnel.) Medical units (Sqe qedical unit,s.) Money and effects–: ————————217
– Neutral territory: Ac~ommodation—————————188, 189,546 Detention——————————-542-544 Entrance into, rules governing– ————539,541,544 Internment——————————542 Neutral poits of entry ……………………… 544 Passage through——————————539-542
Neutral Powers, duties toward (see also this title-Neutral
territory.) ……………………… 210,541 Neutral ships, transportation on …………………. 544 Personal effects ————- – – – – – ——— – ——— – 217 Prisoners of War (See Prisoners of n-ar-wounded and
sick.) Protected persons …………………………… 208 Protection—————————,–211,215 Records regarding Red Cross (See Red Cross.) ———-217 Repatriation………………………… 188,189, 193, 195 Reprisals prohibited- –………………… ———213
‘
Rescue craft——————————– 209
Paragraph
Defensecontinued Rights, noo-renunciation ………………….. 213 Robbery and ill-treatment, pr~t~ection 215, 216
from———–Shipwrecked or at sea—-,————————– 209 Special agreements with respect to ………………… 212 Transfers————,,,—————-123 Transportation, vehicles used- -………………… 236-237 Voluntary care may be requested …………………. 219
Weaponstakenfrorn-,-,-,,,,,-,———————223 raa 385 (10 May 56) I By Order of Wilber M. Brucker, Secretary of the Army :
MIXWELL D. TAYLOR, General, United States Amy, Official: ChiefofStaff.
JOHN A. KLEIN,
Major General, United States Army,
The Adjutant General.

Distribution :
keWArmy:
Gen Staff, DA (5) Sup Sec, Gen Depota (2)
SS, DA (2) except TJAG (300) Depots (2)
Tec Svc, DA (5) AH (5)
Admin & Tec Svc Bd (1) Tng Cen (10)
Hq CONARC (15) Pers Cen (5)
CONARC Bd (1) Reception Sta (3)
Army AA Comd (5) Trans Terminal Comd (10)
OS Maj Comd (50) PG (3)
OS Base Comd (10) Arsenals (1)
Log Comd (10) DB (5)
MDW (15) Cruit Dist (1)
Corps (5) Cruit Main Sta (1)
Div (10) Disp (1)
Brig (5) SOUSA (1)
Regt/Gp (5) Div Engr (1)

Bn (3) except Sep Bn (6) Engr Dist (2)
Co(2) Mil Dist (2)
St & Cp (8) Proc Dist (1)
USMA (60) MAAG (2)
Gen & Br Svc Sch (10) Mil Msn (1)
PMST (2) ARMA (1)
Gen Depots (3)

NB: State AG (3).
UBAR: None.
For explanation of abbreviations used, see SR320-50-1.

DA-PAM-27-17 05-1980

27-17
DEPARTMENT OF THE ARMY PAMPHLET
MILITARY JUSTICE HANDBOOK
PROCEDURAL GUIDE FOR ARTICLE 32(b)
INVESTIGATING OFFICER

139
HEADQUARTERS, DEPARTMENT OF THE ARMY
MAY 1980

blank page
*Pam 27-17

PAMPHLET} HEADQUARTERS DEPARTMENT OF THE ARMY No. 27-17 WASHINGTON, DC, 15 May 1980
MILITARY JUSTICE HANDBOOK
PROCEDURAL GUIDE FOR ARTICLE 32(b)
INVESTIGATING OFFICER
Interim changes to this pamphlet are not official unless they are authenticated by The Adjutant General. Users will destroy interim changes on their expiration date unless sooner superseded or rescinded.
Paragraph Page
CHAPTER 1. INTRODUCTION
Purpose and Scope . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 1-1 1-1

General Instructions . . . . . . . . . . . . . . . . . . .. . . . . . . . . 1-2 1-1

2.
PREPARING FOR THE INVESTIGATION
General Considerations . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 2-1

Sequence of Preparation . . . . . . . . . . . . . . . . . . . . . . . . 2-2 2-1

Informing the Accused of the Investigation and
His Right to Counsel. 2-3 2-3

Consultation with Counsel for the Accused . . . . . . 2-4 2-3

Securing the Attendance of Witnesses . . . . . . . . . . . 2-5 2-4

3.
THE FORMAL INVESTIGATION
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1 3-0

Procedure for Opening Session . . . . . . . . . . . . . . . . . . 3-2 3-0

Procedures for Taking Testimony and

Examining Evidence.
3-3 3-0

CHAPTER 4. COMPLETION OF THE INVESTIGATING
OFFICER’S REPORT
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1 4-0

Considering the Evidence and
Making a Recommendation . . . . . . . . . . . . . . . . . . . . 4-2 4-0

Forwarding the Report . . . . . . . . . . . . . . . . . . . . . . . . . 4-3 4-0

Informal Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4 4-0

APPENDIX A. PRELIMINARY ADVICE TO ACCUSED ….. . A-1

B.
NOTIFICATION TO ACCUSED …………… . B-1

C.
ARRANGEMENT OF ROOM
FOR INVESTIGATION. C-0

D.
PROCEDURE FOR OPENING SESSION OF
THE FORMAL INVESTIGATION. D-1

E.
OATHS ……………………………….. . E-0

F.
EXAMINATION OF WITNESSES ………….. . F-1

G.
EXAMINATION OF EVIDENCE …………. . G-0

H.
REPORT OF INVESTIGATION …………… . H-1

*This pamphlet supersedes DA Pam 27-17, 10 June 1970 including all changes.
15 May 1980 Pam 27-17
CHAPTER 1
INTRODUCTION

1-1. Purpose and Scope
This guide is published for use by officers who have been appointed as investigating officers under Article 32(b) of the Uniform Code of Military Justice. They should use this guide in conjunction with the Investigating Officer’s Report (DD Form 457) and the Manual for Courts-Martial, 1969 (Revised edition) [hereafter designated as MCM]. The investigating officer’s functions are:
(1)
To make a thorough and impartial investigation into the truth of the allegations;

(2)
To consider the correctness and the form of the charges; and

(3)
To make recommendations as to the disposition of the charges in the interest of justice and discipline.

The term “he” (and its derivatives) used in this pamphlet is generic, and except where otherwise indicated by the context, should be considered as applying to both male and female.
(4) This pamphlet is applicable to the Army National Guard and the US Army Reserve.

1-2. General Instructions
a. Duties ofInvestigating Officer. Just as the assignment of an officer to be a court-martial member takes precedence over other military duties, your assignment as an Article 32(b) Investigating Officer must take priority over other duties. As an officer detailed to conduct such as important investigation, you will actually be performing a judicial function. In preparation for a complete examination of the case presented to you, your initial responsibility involves becoming thoroughly familiar with the contents of this guide, paragraph 34, MCM, and Article 32, UCMJ. Your two most important and legally vital responsibilities are:
(1)
Complete impartiality (in both appearance and actuality) and,

(2)
Thorough investigation of all charges and specifications alleged in the charge sheet(s).

b.
Legal Advice for Investigating Officer. Upon your initial appointment, and throughout the investigation, you will have occasion to seek legal advice from the office of the judge advocate serving the command of the officer directing the investigation. It is imperative that this advice come from a judge advocate who has no direct interest in the outcome of the proceedings. Normally, such a judge advocate officer will have been designated, in writing or otherwise, to assist you in your role as investigating officer. However, the conclusions to be drawn from the evidence in the case and the recommendations concerning the disposition of the case are matters solely within your

·judgment and responsibility; the law requires these matters be determined by you without reliance upon the opinions or recommendations of any other person. You must scrupulously avoid inquiries of or discussions with the judge advocate officers who might be perceived as lacking impartiality in the case. Such discussions often are perceived as giving the appearance of partiality toward either side regardless of the motivation or real interest of the
Pam 27-17 15 May 1980
investigating officer. Restricting your preliminary discussion of the case to the designated “contact” officer will ensure the integrity of your judicial role and maintain the impartiality demanded by law.
c.
Legal Representation for the Accused. The accused mii:y, be represented during the investigation proceedings by a civilian lawyer provided at no expense to the United States, by military counsel of the accused’s selection if reasonably available, or by military counsel certified under Article 27(b) detailed for that purpose by competent authority. Counsel representing the accused will be allowed to present evidence on behalf of the accused, cross-examine witnesses for the Government, and otherwise perform the normal functions of counsel. Whenever counsel is requested by the accused, the taking of evidence will be conducted in the presence of that counsel unless expressly excused by the accused. See paragraph 2-3 for a complete explanation of the accused’s right to counsel.

d.
Legal Counsel for the Government. Although not required by law, counsel may also be detailed to represent the Government. Such counsel is not the legal adviser of the investigating officer, but rather represents a party to the investigation. Accordingly, you may not seek legal advice from counsel representing the Government. Counsel for the Government may present evidence, cross-examine witnesses, and argue for a disposition of the matter appropriate to the interest of the Government. You should recognize that arguments made by counsel for either side are not evidence and should carry no additional weight merely because of the side making the argument.

S May 1980 Pam 27-17
CHAPTER 2
PREPARING FOR THE INVESTIGATION

2-1. General Considerations
The file will normally include five copies of the charge sheet; civilian or military police reports; statements of witnesses or summaries thereof; documentary evidence, such as extract copies of SIDPERS documents in cases involving unauthorized absence; and the record of previous convictions, if any. If these documents are not in the file, you should request them immediately from the officer who appointed you. The file may also include a letter of instruction from the officer who appointed you or directions to report to the office of the local judge advocate for a briefing by the judge advocate “contact” officer designated to assist you.
The Article 32 investigation is a judicial proceeding and plays a necessary role in military due process of law. The investigation is subject to subsequent review at the trial, if there is a trial, or on appeal. The ultimate outcome of the case may well depend upon whethe~ you properly performed your duties in making certain that the accused was fully informed of and afforded all applicable rights in connection with the investigation.
It is important to conduct the investigation expeditiously. Usually, the officer appointing the investigating officer will set a date for completion of the report. Ifyou can not comply with that date, report this fact in writing to the authority who directed the investigation and explain the cause of the delay in detail. Such delay on your part could result in a gross injustice to the accused and in a dismissal of the charges. On the other hand, you must take the necessary time for a thorough investigation. Requests for delay by the accused should normally be in writing and attached to the report of investigation. Any reasonable request for delay by the accused should be granted.

2-2. Sequence of Preparation
After receipt of the case file, you should read Article 32, UCMJ, paragraph 34, MCM, and this guide, then study the file and take action in the sequence indicated below.
a. Consult With the Judge Advocate “Contact” Officer. You should report to the designated “contact” officer for an initial briefing on your duties. You may consult this judge advocate as often as necessary, during the course of your investigation, for procedural advice and assistance. Keep in mind that, although you may feel that the judge advocate designated as trial counsel to represent the Government may be more familiar with your case than the “contact” officer, your impartial role requires avoiding any discussions with legal personnel performing adversarial roles in the case.
b. Examine the File.
(1)
Examine the charge sheet and all accompanying papers.

(2)
Ascertain whether the charges were sworn before a commissioned officer who is authorized to administer oaths (Article 136, UCMJ; para 29e, MCM). Ifthey were not, confer with the accuser to determine whether he or she desires to swear to the charges. You should not, however, administer the oath for this purpose. If the accuser does not want to swear to the charges,

Pam 27-17 15 May 1980
or if it is impracticable to do so without unnecessary delay, you should consult with the officer who appointed you for guidance in the matter and should proceed with the investigation only if directed.
c. Determine Whether There Are Any Reasons Which Would Prevent You From Conducting a Fair and Impartial Investigation. If th~re are any reasons which would prevent you from conducting a fair and impartial investigation, you should notify the officer who appointed you of this fact.
d. Determine the Applicable Law.
(1) You should be familiar with the elements (essential facts) of the off ense(s) charged. You should read the discussion of the offense or offenses in chapter XXVIII, MCM, particularly the paragraphs entitled “Proof.” In addition you should consult DA Pam 27-9, (Military Judges’ Guide). If the offense is charged as a violation of Article 134 and no discussion of the specific elements appears in the Manual or DA Pam 27-9, the elements of the offense can be identified by separating the specification into its essential, component allegations. Each of these allegations is an element of the offense. For example, if the offense charged is wrongful sale of marijuana, the offense will be charged in substantially the following language:
In that Private John Doe, U.S. Army, Company A, __ did, at Fort __, an installation under exclusive military control, on or about 4 September 19_, wrongfully sell marijuana.
The elements of this offense are:
(a)
At the time and place alleged the accused sold marijuana.

(b) That the sale was wrongful.

(
c) That the conduct of the accused was prejudicial to good order and discipline in the Armed Forces or was of a nature to bring discredit upon the Armed Forces.

(2)
You should ensure that each specification actually alleges an offense (see para 28, MCM) and that each offense is charged as a violation of the proper Article of the Code. Ifyou conclude that the wording of a specification departs so materially from an applicable form specification (app 6c, MCM) that no offense is alleged or the specification is ambiguous, you should return the file to the officer who appointed you, stating your reasons for returning it.

(3)
Ifthe accused is charged with a failure to obey a regulation or written order and a copy of the directive is not in the file, you should obtain copies of the directive for the report and familiarize yourself with its provisions.

(4)
You must determine whether documentary evidence in the file, such as copies of SID PERS documents and copies of records of previous convictions, is properly authenticated (para 143b, MCM). You should assign identifying numbers to all documentary evidence and any physical objects in order that they may be accurately referred to when you make out the investigating officer’s report (see chap. 4).

(5)
Iffamiliarity with the scene of the alleged offense would assist you in gaining a more accurate picture of the case, you should visit the scene.

e.
Determine What Witnesses to Call. In preparing for the formal investigation, you may communicate by telephone or otherwise with prospective witnesses to determine the extent of their knowledge concerning the case, whether you will interview them as witnesses, whether they are in possession of relevant documentary evidence or physical objects which should be

15 May 1980 Pam 27-17
produced at the investigation, or whether they are aware of other witnesses or evidence that should be examined during the investigation. As investigating officer you must not, however, consider such informal communications as evidence in the case or in making your recommendations in the case.
f. Arranging for Place for Investigation. You should contact the officer who appointed you, to secure a place for conducting the investigation and such clerical assistance as can be provided.
2-3. Informing the Accused of the Investigation and His Right to Counsel
You should arrange (through the accused’s commanding officer, if the accused is not in pretrial confinement, or the confinement officer, if the accused is in pretrial confinement) to meet with the accused for the purpose of giving him or her preliminary advice and information concerning the investigation (see app A). The accused may also be notified of the investigation and the right to counsel in writing. Ifthe accused is already represented by counsel, the written notice, if any, should be sent to the counsel. Otherwise, you should personally deliver the notice to the accused, read its contents, explain it and answer any questions. Ifthe accused can reach a decision at that time, his or her answer should be obtained in the form of an indorsement to the letter. A sample notification and indorsement is contained in appendix B. At this first meeting with the accused, you should introduce yourself, explain that you have been detailed as investigating officer, this and explain the purposes of his investigation in accordance with appendix A. Any attempt by the accused to discuss the facts of the case with you at this time should be discouraged.

2-4. Consultation with Counsel for the Accused
a.
General. If the accused requests to be represented by counsel, this request must be promptly reported to the officer who ordered the investigation. You should request that officer to notify you as soon as possible as to the identity and address or military organization of counsel who is to represent the accused. When you receive this information, contact the accused’s counsel for the purpose of delivering a complete copy of the file. At this time advise counsel of the proposed date, time, and place of the investigation and allow counsel reasonable time for preparation of the case. Ifcounsel requests additional time for preparation, such request should be in writing and directed to you, the investigating officer. You will grant reasonable requests.

b.
Availability of Witnesses for the Accused. You as investigating officer, must carefully consider defense requests for production of essential witnesses to testify at the pretrial investigation. The typical issue for your decision is the “availability” or “unavailability” of such a witness who is not located at the site of the hearing. Typically, the defense either wishes to call the requested witness in support of its own case, or to cross-examine a potential prosecution witness who is not expect to appear for the hearing. As the physical absence of an essential witness is not the sole criteria in determining “availability” you must apply the legal standard which seeks to balance the two competing interests. The significance of the witness’ testimony must be weighed against the relative difficulty and expense of obtaining the witness’ presence at the investigation. Examples of factors which may render the requested witness “unavailable,” in justification of a denial for produc

15 May 1980:
tion, include extraordinary circumstances and other military exigencies over and above the simple fact of absence from the site of the hearing. Being mindful of the discovery nature of the Article 32(b) investigation, alternative remedies affording discovery would include the possibility of deposing the witness under the provisions of Article 49(d)(l), UCMJ, or ex~\l1ining the witness infpi;!J1ally by correspondence. KEEP IN MIND: The accused’s legal rights coricerning production of essential witnesses, at the pretrial investigation, weigh in favor of producing the requested witness, upon a showing that the witness is essential and absent any affirmative showing, by· the Government, of extraordinary circumstances or other military exigencies precluding production.
You should attempt to secure from counsel for the accused a list of any witnesses desired by the accused sufficiently in advance of the formal investigation to allow time for securing their attendance. This will help insure orderly and expeditious procedure in the opening session. If the accused desires to have witnesses called or to have certain documents or records obtained, you should arrange, if possible, to have the witnesses present and the documents or records produced at this first session. If this is not possible, then arrangements should be made for their appearance and production at the time and place set for the next session of the investigation.
In the event you are unable to arrange for the attendance of civilian witnesses or the production of certain documents requested by the accused by the date originally planned to call the next session of the investigation, you should set a date for further hearing to permit the attendance of the witnesses and the production of the documents. You need not delay proceeding with the initial session of the investigation until you have arranged for the production of all the witnesses or other evidence requested by the accused. Sound discretion on your part is essential. For example, if all of the witnesses requested by the accused are readily available but certain requested documentary evidence will not be available until several days later, there may be no objection to proceeding with the investigation. It must be kept in mind that the thoroughness of the investigation is not dependent upon having all of the evidence available at the same time, but only upon the ultimate examination of all of the witnesses and evidence in a manner which is as orderly as possible. If, however, you must temporarily postpone the investigation in order to arrange for the attendance of witnesses, you should inform the accused and the potential witnesses of the date and place set for future proceedings and arrange for their attendance.
2-5. Securing the Attendance of Witnesses
a.
Military Witnesses and Government Employee Witnesses. Military witnesses may be ordered to appear at the investigation. If there is a question as to the availability of such witnesses, application should be made to the immediate commanding officer of the requested witness (para 34d, MCM). The supervisors of civilian employees of the Government should be requested to arrange for their attendance.

b.
Civilian Witnesses Not Employed by the Government. Generally, non-Government civilian witnesses may not be compelled by the investigating officer to attend the pretrial investigation and testify (para 34d, MCM). However, subject to approval by the general court-martial convening authority, you may arrange for the issuance of invitational travel orders authorizing mileage advance for transportation to the hearing of an essential non-Government civilian witness who is willing to appear voluntarily (see

2-4.’

15 May 1980 Pam 27-17
para 2-39, AR 27-10, and sec III, chap. 13, AR 37-106). In the alternative, you may arrange transportation for yourself, the accused, and counsel, if any, to a place convenient to the civilian witness. In cases where your determination that the testimony of a reluctant civilian witness is essential and necessary for a proper disposition of the case, you should request the appropriate staff judge advocate to assist in obtaining the witness’ attendance.
c. Arranging for Documentary Evidence. You should make every effort to ensure that witnesses in possession of essential documentary and real evidence are present at the investigation. Examine but do not take real evidence into your possession, as such as procedure might produce additional problems regarding admissibility of such evidence at a later trial.
Pam 27-17 1S May 1980
CHAPTER 3
THE FORMAL INVESTIGATION

3-1. General
\
Whenever practicable, the interview room should be arranged so that the witness chair faces both yourself and the accused (app C). The formal taking of evidence in the investigation and the actual interrogation of witnesses and examination of real evidence will be held at a time and place designated by you. You should have before you a copy of DD Form 457, (Investigating Officer’s Report form) (app H). Use of that form as a check list commencing with Item 4/, in conjunction with the provisions of this guide, is recommended.

3-2. Procedure for Opening Session
Appendix D sets forth the suggested procedure in a typical opening session with the accused and his counsel after appropriate introductions are made. Variations in these procedures may be made to meet special circumstances.

3-3. Procedures for Taking Testimony and Examining Evidence
a. Record of Testimony. Generally, the testimony of the witnesses given at the investigation is recorded by having them sign and swear to the truth of the substance of their statements after the testimony has been reduced to writing by the investigating officer. If, however, obtaining witnesses’ signatures on statements of summaries of testimony will cause undue delay, they need not be signed by the witness but they will be authenticated by yourself. These statements should be recorded on DA Form 2823, given exhibit numbers and noted in Item 5c, DD Form 457. In certain cases, the officer who appointed you may desire to have the entire proceedings reported verbatim by a sworn reporter. In such case the verbatim report of the testimony of witnesses given on oath or affirmation need not be signed by the witnesses. Verbatim statements should also be given exhibit numbers and entered in Item 5c, DD Form 457.
Ordinarily it is not necessary to give Article 31 warnings to witnesses who are not accused or suspected of a crime; however, if during the taking of testimony it appears that a military witness might be suspected of committing any offense, stop and advise as to rights under Article 31 and rights to lawyer counsel.
b. Refusal to Testify. If a witness who is a member of the military refuses to make a sworn statement and it does not appear that the statement is incriminating, allow the witness to consult with a judge advocate concerning the witness; rights and duty to testify. If the witness persists in refusing to testify you may give an order to do so. Failure to comply with this order could result in disciplinary action. If a witness has previously made a sworn written statement and now refuses to testify, you should show the witness the previous statement and inquire into the reasons for which he or she now refuses to make a sworn statement regarding the same subject matter. After having determined as far as possible the reasons for which the witness refuses to make an additional statement, you should indicate to the accused and counsel that you are still going to consider the previously sworn statement.
15 May 1980 Pam 27-17
If the witness refuses to make a sworn statement and did not previously make a sworn statement, you are not permitted to consider any unsworn statement. If it appears that any witness who is apparently essential to the trial is subject to early discharge, transfer, temporary duty, or other personnel action which might prevent his or her availability at a later trial, you should so note in Item 11, DD Form 457. If the change of status is within a period of 30 days, the staff judge advocate should be notified to determine if a deposition should be taken.
c.
Spectators. The authority who directed the investigation may provide that the investigation be closed to the public. You may also decide not to permit spectators, including members of the news media, to attend all or part of the proceedings. In this connection, you must follow the guidelines established in AR 340-19, which governs the release of certain information to the public concerning disciplinary actions prior to trial. In addition, prospective witnesses in the case should not be permitted to hear or examine the testimony or statements of other witnesses. Witnesses should remain available outside the hearing room and should be called one at a time to testify. Witnesses should be instructed not to discuss their testimony with other witnesses. See page A8-17, appendix 8b, MCM, for a warning guide.

d.
Oaths. The procedure for administering the oath to a witness is set forth in appendix E.

e.
Examination of Witnesses. A procedure for examining witnesses is set forth in appendix F.

f.
Examination of Evidence. The procedure for examining evidence is set forth in appendix G.

g.
Inquiry into Mental Responsbility or Capacity. If in your opinion grounds exist for inquiring into the mental condition of the accused to determine whether the accused was mentally responsible at the time of the acts charged or has sufficient mental capacity to understand the nature of the Article 32 investigation and to conduct or cooperate intelligently in his or her defense, you should notify the officer who directed the investigation who will take appropriate action (para 121, MCM). In addition, you should complete all items under Item 10, DD Form 457, as appropriate.

h.
Closing the Investigation. After you receive all the evidence and the accused and counsel have indicated that they have no further evidence to offer, inform the accused that you do not contemplate calling any more witnesses or receiving other evidence unless the accused or counsel have other evidence to present or argument to make. If the accused or counsel presents evidence in extenuation or mitigation, it should be noted in Item 12, DD Form 457. If the accused or counsel has no further evidence to offer, you should declare the taking of evidence closed.

The accused or counsel should be afforded the opportunity to make a statement of what they consider an appropriate recommendation concerning the disposition of the charges in the case. You should consider any comments made in that connection in deciding what disposition you will recommend to the officer who directed the investigation. You should explain to the accused and counsel that your recommendation in the case is advisory only and is in no way binding upon the officer who directed the investigation or upon any superior authorities.
Pam 27-17 1S May 1980
CHAPTER 4
COMPLETION OF THE INVESTIGATING
OFFICER’S REPORT

\
4-1. General
You should have before you during the investigation a copy of DD Form 457, Investigating Officer’s Report. The DD Form 457 used during the investigation and other notes may be used as working papers in preparing the report to the officer who directed the investigation. If the investigation is not to be completed verbatim, you should put the substance of each witness’ testimony in writing and ask the witness to sign and swear to the statement.

4-2. Considering the Evidence and Making a Recommendation
In many cases, you may be able to make your recommendation as soon as the investigation closes. If so, record it in Item 17 or 18 of the working copy of the Investigating Officer’s Report and then have the report typed in final form. If you are unable to make a decision immediately, you may have the testimony transcribed and review it before coming to a conclusion.

4-3. Forwarding the Report
You should secure all papers furnished to you together with all evidence produced at the investigation to the Investigating Officer’s Report (DD Form 457) and, if at all practicable, hand-carry the entire file to the headquarters of the officer who directed the investigation.
Each document in the file should be in five copies unless there is more than one accused. The furnishing of a copy of the investigation to the accused is not a part of your responsibilities.
If the accused or counsel requests a copy of the report, you should explain that you will transmit the request to the officer who directed the investigation. You should make a notation of the request in the “remarks” section (Item 18) of your report.

4-4. Informal Report
Where it clearly appears that the charges will not be referred to a general court-martial, an informal report may be made in lieu of a formal report (para 34(, MCM). In appropriate cases this can eliminate much needless paperwork.
15 May 1980 Pam 27-17

APPENDIX A
PRELIMINARY ADVICE TO ACCUSED

The following procedure provides guidance for an introductory session with the accused in an Article 32 investigation.
I.0. (to accused): “I am (Major) (_) _, By order of_, I have been appointed investigating officer under Article 32(b) of the Uniform Code of Military Justice to investigate certain charges against you. The charges allege, in general, (the offense(s) of __) (that you did __). The name of the accuser is –· The name of the witnesses thus far known to me are __, __,
“I am now going to advise you of your rights in this investigation. You will have the right at the proper time: To cross-examine all available witnesses against you; to present anything you might desire in your own behalf, either in defense or mitigation; to have a lawyer represent you at the investigation; to have me examine available witnesses requested by you; to make a statement in any form at the proper time or to remain silent or to refuse to make any statement regarding any offense of which you are accused or suspected or concerning which you are being investigated. In addition you are advised that any statement made by you might be used as evidence against you in a trial by court-martial. Do you understand?
“As investigating officer, it is my duty to investigate thoroughly and impartially all the matters set forth in the charge(s) and specification(s) against you. This investigation shall include inquiries as to the truth of the matter set forth in the charges, form of charges, and the disposition which should be made of the case in the interest of justice and discipline. It is my duty to evaluate and weigh impartially all of the evidence. I will examine the available witnesses against you as well as any available witnesses requested by you. You and your counsel will be given full opportunity to cross-examine witnesses against you, if they are available, and to present anything you may desire in your own behalf, either in defense or mitigation or extenuation. I can recommend that the charge(s) against you be referred for trial to a general court-martial or to a different type of court-martial or that the charge(s) be dismissed or disposed of other than by trial by court-martial. It is not my purpose during this investigation to act as prosecutor but only as an impartial fact finder. Do you understand?
“Before I begin the formal investigation and examination of any of the witnesses in this case, I must inform you that you have the right to be represented at all times during this investigation by legally qualified counsel. This means that you have the right to be represented by a civilian lawyer of your choice, but at no expense to the United States, by military counsel of your own selection if that counsel is reasonably available, or by counsel detailed to represent you during the investigation by the officer exercising gen-
Identity of I.0.
Charges referred for investi
gation
Informing accused of charges

Cautioning the accused

Duties of I.0.

Accused’s rights to counsel

Pam 27-17 15 May 1980
eral court-martial jurisdiction over the command. There is no cost to you for military counsel. Do you wish to be represented by counsel and, if so, state the kind of counsel you want to represent you.”
Note. Ifthe accused is hesitant about whether to ask for lawyer counsel, the investigating officer should encourage the accused to obtain legally qualified counsel. If the accused requests counsel other than a lawyer, you must advise that such nonlawyer counsel cannot serve as defense counsel before a general court-martial \ or a special court-martial which can adjudge a bad-conduct discharge.
15 May 1980 Pam 27-17 APPENDIX B NOTIFICATION TO THE ACCUSED
DEPARTMENT OF THE ARMY
(Office Symbol) (Date)
SUBJECT: Article 32(b) Investigation
Private (E-1) John J. Doe Post Stockade Fort Blank, Missouri 63899
1.
On __at__hours in Building __, Room __, I will conduct an investigation pursuant to Article 32(b), UCMJ, to investigate the facts and circumstances concerning charges preferred against you by –· The charge(s) (is) (are) __ and __, in violation. of Article(s) __ (and __), UCMJ.

2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during this investigation by legally qualified counsel. Such counsel may be a civilian lawyer of your choice, provided at no expense to the United States, a qualified military lawyer of your selection, if reasonably available, or a qualified military counsel detailed by the officer exercising general court-martial jurisdiction over the command. There is no cost to you for military counsel. You also have the right to waive representation by counsel. Send me your decision by (date) __.

3.
The names of witnesses as known to me, who will be asked to testify at the hearing are:

Pam 27-17 15 May 1980
Additionally, it is my intention to examine and consider the following evidence:
a.

4.
As investigating officer, I will try to arrange for the appearanc~of any witnesses that you want to testify at the hearing. Send me names and addresses of such witnesses by __. If, at a later time, you want additional witnesses, inform me of their names and addresses.

5.
You may contact me by writing to:

MAJ, IN
Investigating Officer
(Address)
MAJ, IN Investigating Officer
15 May 1980 Pam27-17
SUBJECT: Article 32(b) Investigation
_( ) 1st Ind
PVT (El) John J. Doe,__, __(date)
TO: Major __, Investigating Officer, __,
1.
Receipt of basic communication is acknowledged.

2.
(I want to be represented by (civilian counsel, who is Mr. (Name) ___ of (Address) __) (Rank) ((Name) __, if he is reasonably available) (legally qualified military counsel detailed by the officer exercising general court-martial jurisdiction over the command)) (I do not want to be represented by counsel).

3.
I want the following witnesses and/or evidence present at the hearing:

PVT (El) John J. Doe Accused
Pam 27-17 15 May 1980
APPENDIX C

ARRANGEMENT OF ROOM FOR INVESTIGATION
Note. The Article 32 investigation should be conducted in a formal and dignified manner. While the investigation is not a trial and the strict rules of procedure and evidence applicable in trials by courts-martial do not apply to the investigation, you will find that the inv~stigation will be far more successful if informality is kept to a minimum. For this reason, you should attempt to hold the investigation under conditions of relative quiet and without interruption. When the investigation is conducted in a place where people are walking about holding general conversation, the accused and observers are likely to get the impression that the investigation is a casual affair, rather than the serious judicial function which it was intended to be by the Congress and the United States Court of Military Appeals. You should attempt to arrange the furniture in the room where the investigation is to be held substantially in the following manner.
Witness
Chair

government counsel
Reporter
no
o ro
or
c ‘””
::> ro
Clerk
en ::>
0
ro en
ro
…… ro
en
0
:><‘
ro
n
en
0
:><‘
c
p
en
ro
……
accused

Desk
[rnvestigating Officer
15 May 1980 Pam 27-17
APPENDIX D

PROCEDURE FOR OPENING SESSION OF
•• l” ….

THE FORMAL INVESTIGATION
I.O. (to accused-counsel): This is a formal investigation into certain charges against __ ordered pursuant to Article 32(b), UCMJ, by __. On __, 19_, I informed you of your right to be represented by civilian counsel at no expense to the United States, military counsel of your own selection if reasonably available, or military lawyer counsel detailed by –· You informed me that you (did not desire to be represented by counsel) (that you desired to be represented by (Mr. Thomas White of Bowie, Maryland) (Captain __ Staff Judge Advocate Section, Headquarters, 20th Infantry Division)) (detailed military counsel).
Let the record show that (__ was available and is here present with you) (Mr. White is present here with you) (Captain was detailed by __ and is here with you).
(Mr. White, I will ask you to step forward and enter your appearance by filling out Item 3 on the official Investigating Officer’s Report (DD Form 457)).
I.0. (to accused-counsel): I want to remind you that my sole function as the Article 32 investigating officer in this case is to determine thoroughly and impartially all of the relevant facts of this case, to weigh and evaluate those facts and determine the truth of the matters stated in the charges. I shall also consider the form of the charges and make a recommendation concerning the disposition of the charges which have been preferred against you. I will now read to you the charges which I have been directed to investigate. They are as follows:
Charge (I): Violation of the Uniform Code of
Military Justice, Article –·
Specification (1): In that –·
Specification (2): In that –·
(Charge (II): (Additional Charge): Violation of
the Uniform Code of Military Justice,
Article __.)
(Specification (1): In that __.)
__)
I will now show you the charge(s) and specification(s).
I advise you that you do not have to make any statement regarding the offense(s) of which you are accused and that any statement you do make may be used as evidence against you in a trial by court-martial. You have the right to remain silent concerning the offenses with which you are charged. You may, however, make a statement either sworn or unsworn and present anything you may desire, either in defense, extenuation or mitigation. If you do make a statement, whatever you say will be considered and weighed as evidence by me just as is the testimony of other witnesses.
Pam27-17
You have previously been given a copy of the investigation file which has thus far been compiled in your case. It contains the (sworn) (and) (unsworn) statements of (Captain) __ (Sergeant) __, (Private First Class) –· It also contains [here state the other relevant docu111ents contained in the file]. It is my intention to call as witnesses in this investigation (Captain) __, (Sergeant) __, and (Mister) –· After these witnesses have testified in response to my questions, you or your counsel will have the right to cross-examine them. You also have the right to call available witnesses for my examination and to produce other evidence in your behalf. I have arranged for the appearance of those witnesses previously requested by you. If you desire additional witnesses, I will help to arrange for their appearance or for the production of any available evidence relating to your case.
[I do not intend to call as a witness (Private First Class) __, but intend rather to consider his sworn statement in my recommendations as it is contained in the file.]
Note. If the statement of a witness the investigating officer intends to consider is unsworn and the investigating officer does not intend to call that witness, the accused should be advised substantially as follows:
I.0. (to accused-counsel): Since the statement of (Private First Class) __, is unsworn, I am not permitted to consider it unless you consent. Do you consent to my consideration of (Private First Class) __’s unsworn statement, even though I do not intend to call him as a witness?
(COUNSEL) (ACCUSED): –·
Note. If the accused answers in the negative, you may not consider the unsworn statement in making your recommendation. However, you are at liberty to attempt to obtain a sworn statement from the witness in question. If you choose to do so, you must be sure to advise the accused of the decision. If the accused consents to the unsworn statement, you should mark it as an exhibit and enter it in Item 5c, DD Form 457, with an appropriate explanation in Item 18. You may then consider the statement in arriving at your recommendation.
Ifthe statement of a witness you intend to consider is sworn and you do not intend to call that witness, advise the accused substantially as follows:
1.0. (to accused-counsel): Even though I do not intend to call (Private First Class) __, whose sworn statement I intend to consider in arriving at my recommendation, it is your right to have an opportunity to cross-examine the witness if he is available and, if you wish, I will arrange an appearance for that purpose. Do you want me to call (Private First Class __) as a witness?
(COUNSEL) (ACCUSED): –·
Note. If the accused answers in the affirmative, you must arrange to have the requested witness, if available, present at the place and time set for the next session. If the accused answers in the negative and the witness is not available, you should mark the statement as an exhibit and enter it in Item 6a and may consider it in arriving at your recommendation.
1.0. (to accused-counsel): Before proceeding further I now ask you whether you have any questions concerning your right to remain silent concerning the offenses of which you are accused, your right to make a statement either sworn or unsworn if you want to, the use that can be made of any statement you do make, your right
1S May 1980
Examination of the file
\

15 May 1980
to cross-examine witnesses against you, or your right to present anything you may desire in your own behalf, and to have me examine available witnesses requested by you either in defense, mitigation or extenuation.
(COUNSEL) (ACCUSED): __
Note. At this point, answer any questions which the accused may have with respect to rights or as to procedural or other matters concerning the investigation. You should not proceed further until convinced that the accused understands those rights. If the accused is represented by counsel, however, the latter will generally indicate that he or she has explained these matters to the accused and that they are understood.
I.0. (to accused-counsel): Do you want me to call any witnesses to testify in your defense or to testify in mitigation or extenuation on your behalf? Do you want me to call any other witness regarding this case so that you may cross-examine them? If so, give me their names and organizations or addresses. If you are aware of any military records which you want me to consider and which you have been unable to obtain, give me a list of these documents.
(COUNSEL) (ACCUSED): __
Pam 27-17 Pam 27-17 15 May 1980
.APPENDIX E
.OATHS
Note. The word “oath” is used in this appendix includes the word “affirmation.” All oaths and affirmations should be made in the presence of the accused. Generally, only witnesses need be sworn at an Article 32 investigation. There is no requirement that you as the investigating officer or counsel be sworn. Interpreters must also be sworn before beginning their duties. The oath may be administered by you in the following manner: You should p_ise your right hand and have the person being sworn stand in front and raise his or her right hand. Your should then read or recite the appropriate oath and the witness should respond appropriately.

OATH FOR WITNESSES
1.0. You swear that the evidence you shall give in the case now being investigated shall be the truth, the whole truth, and nothing but the truth. So help you God.

AFFIRMATION
1.0. You affirm that the evidence you shall give in the case now being investigated shall be the truth, the whole truth, and nothing but the truth.
Note. The “AFFIRMATION” is used when administering the oath to persons who have conscientious scruples against taking an oath or to persons who do not believe in the existence of a Supreme Being (para 112d, MCM). Persons who recognize special forms or rites as obligatory, and persons who do not believe in a Supreme being may be sworn in their own manner or according to the· ceremonies of the religion they profess and declare to be binding.

OATH FOR INTERPRETER
I.0. You swear that you will faithfully perform the duties of interpreter in the matter now in hearing. So help you God.
Note. When testimony is given through an interpreter, the interpreter must first be sworn (para 112, MCM). The interpreter must translate questions and answers in verbatim form.
15 May 1980 Pam 27-17

APPENDIX F
EXAMINATION OF WITNESSES

Introductory questions to witnesses
(Swear WITNESS) See appendix E.
I.0.: State your full name (grade, organization, and armed force) (occupation and residence address).
WITNESS: ______
I.0.: Do you know the accused in this case?
WITNESS: CI do) (I do not).
Note. If the identification of the accused is not an essential part of the expected testimony of the witness, this question may be omitted. If the witness identifies the accused, the witness should normally be asked to state the accused’s name and organization if known. Ifthe identity of the accused is particularly relevant in a case, and the identity of the accused as the perpetrator of the offense depends upon the ability of the witness to identify the accused, the accused’s counsel may request that the witness be required to identify the accused from a nonsuggestive lineup of persons similar in appearance to the accused. This request should be granted whenever possible. Otherwise the ability of the witness to identify the accused as the offender may be based on the fact that the accused is the only person whose conduct is being investigated. In any event in this situation, the you should inquire into the basis for the witness’ identification of the accused.
GOVERNMENT WITNESS
Note. If Government counsel is present, he or she may first examine Government witnesses, followed by a cross-examination by the accused or defense counsel, then followed by questioning by you if further clarification is necessary.
I.O.: (to witness after introductory questions): Did you see the accused on the morning of 4 September 1979? · WITNESS; Yes, sir, I did. I.0.: Where were you when you saw him? WITNESS: I was in the day room of Company ___ ____,Fort
I.O.: About what time was this? WITNESS: It was approximately 0930 hours, sir. I.0.: Who else, if anyone, was present at the time? WITNESS: Sergeant John Smith was there then, sir.
I.0.: What did the accused do, if anything, when you saw him at this time? WITNESS: When I came into the dayroom, sir, I saw Sergeant Smith and the accused facing each other and (witness continues with details of the incident).
CROSS-EXAMINATION OF GOVERNMENT WITNESS
Note. When you have completed an examination of a witness, you should advise the accused and counsel, if the accused is represented by counsel, substantially as follows:
I.O. (to accused-counsel): You may now cross-examine this witness con
Pam 27-17 15 May 1980
cerning any of his or her testimony, any knowledge possessed of the offense(s), or concerning the witness’ worthiness of belief. (Since you are not represented by counsel, I will do this for you, if you wish, if you will inform me in a general way of the matters about which you want me to question the witness.) Do you wish to cross-examine this witness?
(COUNSEL) (ACCUSED): I (do) (do not) (request that you ask him whether he …). \ Note. If the accused or counsel desires the witness to be cross-examined proceed substantially as follows: (COUNSEL) (ACCUSED) (I.0.) (to the witness): Did you hear the subject of the argument between the accused and Sergeant Smith?
WITNESS: No, sir, they were arguing at the time I came into the dayroom, and I didn’t hear what was said before I got there.
(COUNSEL) (ACCUSED) (I.0.): Did you see any gestures made during the argument by Sergeant Smith?
WITNESS: I’m not exactly sure what you mean, but (witness continues to describe details of the incident).
I.0.: (to accused-counsel): Do you have any further questions you want this witness to answer?
(COUNSEL) (ACCUSED): No, sir.
I. 0.: The witness is excused.
CALLING DEFENSE WITNESSES
I.O. (to accused-counsel): I have now called all witnesses I contemplate calling and have revealed to you all evidence I intend to consider in the preliminary portions of this investigation. As I have previously advised you, you may now present any evidence you desire. Do you have any witnesses to testify in your defense or in extenuation and mitigation? If so, I will proceed to call them at this time.
(COUNSEL) (ACCUSED): _____
Note. If witnesses are to be called to testify on the accused’s behalf, you should advise the accused substantially as follows:
1.0.: (to accused-counsel): You may question each of the witnesses who are to testify for you (or, since you are not represented by counsel, I will question them, if you prefer, if you will tell me generally about what you want to question them.)
(COUNSEL) (ACCUSED): ___
Note. If the accused is represented by counsel, you should assume that counsel will conduct the examination of the witness and present evidence in a planned procedure. If the accused has elected not to have counsel at the investigation, you should permit the accused to examine or cross-examine witnesses personally if desired. The procedure for administering the oath (app E) and for introductory questioning of the witness set forth above should be followed for defense witnesses. After the accused or counsel has completed examination of the defense witness or you have done so, you may cross-examine the witness.
CALLING ADDITIONAL WITNESSES
Note. When all witnesses who were initially called have testified, you should determine whether other witnesses should be called in the interests of justice, fairness, and a complete investigation. In addition, inquire of the accused substantially as shown below:
I.0. (to accused-counsel): (I do not intend to call any additional witnesses.) (I intend to call __ and __ as additional witnesses.) (I am going to
15 May 1980 Pam 27-17
recall __ for further questioning.) Are there any witnesses you desire to recall or are there any additional witnesses who have not been called whom you wish to testify?
(COUNSEL) (ACCUSED): ______
EXPLANATION OF ACCUSED’S RIGHTS AS A WITNESS
Note. After all the witnesses have testified and the accused or his counsel indicate that they have no further evidence to present, you should make inquiry of accused and counsel, if the accused has not previously made a statement, substantially as follows:
1.0.: (to accused): Earlier in this investigation, I advised you of your rights to make a statement or to remain silent. Do you want me to repeat this advice? Do you desire to make a statement in any form?
Note. The response by the accused or counsel should be recorded (Item 9, DA Form 457).
Pam 27-17 15 May 1980

APPENDIX G
EXAMINATION OF EVIDENCE

REAL EVIDENCE {PHYSICAL OBJECTS)
. 1.0. (to witness): I have here a knife which I have designated as Exhibit No._. \ Note. The accused and counsel should be permitted to examine the exhibit at this point.
I.0. (to witness): Do you recognize this knife? WITNESS: I do.
1.0. How do you recognize it? WITNESS: I recognize it by (witness describes how he recognizes the knife).
1.0. When did you first see this knife?
WITNESS: I got my first look at the knife when I found it under the accused’s bunk.
1.0. (to accused-counsel after questioning the witness further as to the circumstances under which the knife was found, and after cross-examination, if any, of the witness): Do you have any objection to my considering this exhibit as evidence?
(COUNSEL) (ACCUSED): (Yes, sir (stating reasons)) (No, sir).
DOCUMENTARY EVIDENCE
AUTHENTICATED OFFICIAL RECORD

1.0. (to accused-counsel): I have here a SIDPERS document of Company __, __,for 31July1979 and for 31 September 1979, which I have designated Exhibit No. -· It appears to be certified as a true copy by . I now hand you this exhibition for your examination.
1.0. (to accused-counsel after permitting him to examine the document): Do you have any objection to my considering this exhibit as evidence?
(COUNSEL) (ACCUSED): (Yes, sir (stating reasons)) (No, sir).
15 May 1980 Pam 27-17
APPENDIX H
REPORT OF INVESTIGATION

appendix H
DD Form 457
Pam 27-17 1S May 1980

DD Form 457 – cont.

L
15 May 1980 Pam 27-17
(Check appropriate answer .. continued) YES NO
9, THE ACCUSED AFTER HAVING BEEN INFORMED OF HIS RIGHT TO MAKE A STATEMENT OR REMAIN SILENT:
a, HE DID NOT DESIRE TO MAKE A STATEMENT x
b. MADE A STATEMENT APPENDED HERETO (Exhibit ). INA
C, THE CIRCUMSTANCES OF THE TAKING OF ANY CONFESSION OR ADMISSION OF ACCUSED WERE INQUIRED INTO BY ME AND SUCH CONFESSION OR ADMISSION APPEARS TO HAVE BEEN OBTAINED IN ACCORDANCE WITH ARTICLE 31, UNIFORM CODE OF MILITARY JUSTICE ANO/OR THE &TH AMENDMENT. (Where appropriate, attach statement of person taking confession or admieelon ahowinll cil’cumstancea of taking.) NA
d, THE ACCUSED, AFTER BEING ADVISED THAT HE 010 NOT HAVE TO MAKE ANY STATEMENT WITH RESPECT TO IT, WAS SHOWN THE CONFESSION OR ADMISSION ANO 010 NOT CONTEST IT AS BEING NOT IN COMPLIANCE WITH ARTICLE st, UNIFORM CODE OF MILITARY JUSTICE. (If the confession or admission was contested, attach accused’s explanation of the circumstances.) NA
10, a. THERE WERE REASONABLE GROUNDS FOR INQUIRING INTO THE MENTAL RESPONSIBILITY OF THE ACCUSED AT THE TIME OF THE AL.LEG ED OFFENSE (MCM, 120b) x
b. THERE WERE REASONABLE GROUNDS FOR INQUIRING INTO THE MENTAL CAPACITY OF THE ACCUSED AT THE TIME OF THE INVESTIGATION (MCM, 120C) x
C, IF GROUNDS FOR INQUIRY AS TO THE ACCUSED’S MENTAL CONDITION EXISTS, STATE REASONS THEREFOR ANO ACTION TAKEN
d, A REPORT OF A (BOARD OF MEDICAL. OFFtCERSl !PSYCHIATRIST) IS APPENDED (Exhibit x
1 t. ALL ESSENTIAL WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL, (If any essential wilness(es) will not be so available, list name, address, reason for nonavailability, and recommendation, ii any, whether a deposition should be taken. List estimated date of separation and/or transfer, it pertinent and available) x
12. EXPLANATORY OR EXTENUATING CIRCUMSTANCES ARE SUBMITTED HEREWITH. x
13 • •. 7R~:~~:~~~i;;:~~~ ~~c:,;,’.~~do;:~v~~~~~~:~’,~:’~~,,~Ho~Ho;:~~~~~~~.”~~:T~~.w~~;~N(;;!,·,’;.;,E•Rs ;\:\\\:\~ \\\·\\\\t: b. AN EXTRACT COPY OF THE ACCUSED’S MILITARY RECORDS OF PREVIOUS CONVICTIONS IS APPENDEO(EXhibitll )_ X
14, IN ARRIVING AT MY CONCLUSIONS I HAVE CONSIDERED NOT ONLY THE NATURE OF THE OFFENSElS) AND THE EV!.. DENCE IN THE CASE, BUT I HAVE LIKEWISE CONSIDERED THE AGE OF THE ACCUSED. HIS MILITARY SERVICE. AND THE ESTABLISHED POLICY THAT TRIAL BY GENERAL COURT..MARTIAL WILL BE RESORTED TO ONLY WHEN THE CHARGES CAN BE DISPOSED OF IN NO OTHER MANNER CONSISTENT WITH MILITARY DISCIPLINE. x
15. THE CHARGES ANO SPECIFICATIONS ARE IN PROPER FORM AND THE MATTERS CONTAINED THEREIN ARE TRUE, TO THE BEST OF MY KNOWLEDGE ANO BELIEF. (If the answer is “NO” explain and indicate recommended action on additional shee~ x
16, ANY l•NCLOSURES RECEIVED BY ME WITH THE CHARGES ANO NOT LISTED ABOVE AS AN EXHIBIT ARE SECURELY FASTENED TOGETHER AND APPENDED HERETO AS ONE EXHIBIT (Exhibit II no such inclosurea were received check “NO” l
17, (Chock appropriate box ONLY ii trial ia recommended) TRIAL BY il<l GENERAL nsPECIAL nsUMMARY COURT..MARTIAL IS RECOMMENDED. X

3
Pam 27-17 15 May 1980
18. REMARKS (II more epace l• required, attach •ddltional •heet•. Check 0 YES .KJ NO It addition•/ •heet• ere attached.)
This ,file was received by me at 1300 hours 2 August 1979. The delay
in completing my investigation was occasioned as follows: I informed the requested defense counsel, Captain Reardon, late in the afternoon of 2 August 1979 that he had been made available and that I wpuld conduct the investigation beginning at 1300 hours 3 August 19~3. Captain Reardon requested that I delay the investigation until,1000 hours 8 August 1979 because he desired to talk to the civilian witnesses before the investigation. He further stated he would be unable to talk to these witnesses until the afternoon of 6 August 1979 because of his other assigned duties. I granted the defense counsel’s request (Exhibit 12).
Ref. item 7b. AR 711-140, as changed, shows that the stock number of
a pistol, caliber .45, Model M 1911Al is 1005-673-7965. The value of
this stock number is $57.00. This publication was shown to the
accused but is not appended hereto because it is too bulky.
All inclosures to the basic communication have been withdrawn and are
now attached to this report as exhibits as indicated:

Incl 1 -Ex 1
Incl 2 -part of Ex 9
Incl 3 -Ex 8
Incl 4 -part of Ex 9

I have considered as part of my investigation and am attaching to report the unsworn statement of Ms. Lillian Russell, 1001 Jay Street, Killeen, Texas (Exhibit 10). Before considering this statement, I explained to the accused that I could not consider this statement without his consent. The accused through counsel stated that he wished me to consider this unsworn statement, even though Miss Russell was not called as a witness.
19•. I HAVE NO PREVIOUS CONNECTION WITH THIS CASE OR ANY CLOSELY RELATED CASE. (II any connection le indicated, attach a lull explanation.) I AM NOT AWARE OF ANY REASONS WHICH WOULD DISQUALIFY ME FROM ACTING AS INVESTIGATING OFFICER. (It anv reasons anoear to ax/st attach a statement divfn.d full details.)
TYPED NAME, GRADE, ANO ORGANIZATION OF INVESTIGATING OFFICER SIGNATURE
BRUCE B. BLAIR, MAJ I HHB, 1st Bn 77th FA
..12~ ,L:J ~ •
… /
1st Cav Div, Ft Hood, TX
~~~
4
15 May 1980 Pam 27-17
The proponent agency of this pamphlet is the Office of The Judge Advocate General. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to The Judge Advocate General’s School, US ARMY, ATTN: Criminal Law Division, Charlottesville, VA 22901.
By Order of the Secretary of the Army:
E.C.MEYER
General, United States Army
Official: Chief of Staff
J. C. PENNINGTON
Major General, United States Army
The Adjutant General
DISTRIBUTION:

Active Army, ARNG, USAR: To be distributed in accordance with DA Form 12-9A, requirements for Legal Services-C.
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DA-PAM-27-17 06-1970

DEPARTMENT OF THE ARMY PAMPHLET NO. 27·17

MILITARY JUSTICE HANDBOOK

PROCEDURAL GUIDE FOR ARTICLE 32[b)

INVESTIGATING OFFICER

LOGO
HEADQUARTERS, DEPARTMENT OF THE ARMY JUNE 1970

This copy is a reprint which includes current pages from Change 1.
\

Pam 27-17
PAMPHLET HEADQUARTERS DEPARTMENT OF THE ARMY No. 27-17 WASHINGTON, D.C., 10 June 1970
l
MILITARY JUSTICE HANDBOOK
PROCEDURAL GUIDE FOR ARTICLE 32(b)
INVESTIGATING OFFICER

Paraaraph Pase
SECTION I.    INTRODUCTION Purpose and Scope 1-1 1-1 General Instructions __________________________________________________ _
1-2 1-1
II.    PREPARING FOR THE INVESTIGATION General Considerations __ _ _ _____________________________ ~ ____ _ ________ 2-1
2-1 Sequence of Preparation ____ _ __ _ ___ _ _ _ _________ _ ___ _ _ _ ____________ _ ____ _ 2-2
2-1 Informing the Accused of the Investigation and His Right to Counsel ___ .. _ 2-3 2-2 Consultation with Counsel for the Accused—————————·–2-4 2-3 Attendance of Witness ____________________________________ -_______ -_–2-5
2-3
III.    THE FORMAL INVESTIGATION General _________________________________ -__________ -___ ——__ ——-3-1 3-1
Procedure for Opening Session _________ •____________________ —________ _ 3-2 · 3-1 Procedures for Taking Testimony and Examining Evidence __ _ __ _ ____ _ _ _ _ _ _ 3-3 3-1
IV.    COMPLETION OF THE INVESTIGATING
OFFICER’S REPORT General __________________________ -________ -______ ————_——–4-1 4-1
Considering the Evidence and Making a Recommendation _—————–4-2 4-1 Forwarding the Report __ . __ . _—-____ ——————————–4-3 4-1 Informal Report -_———————. ——————————
4-4 4-1
I-1
APPENDIX I.    PRELIMINARY ADVICE TO ACCUSED—————————–
11-f
II.    NOTIFICATION TO ACCUSED ————————————–
111.    ARRANGEMENT OF ROOM FOR INVESTIGATION ——————–III-1
IV-1
IV.    PROCEDURE FOR OPENING SESSION —————————–V-1
V. OATHS    ————————————————————–
VI-1
VI.    EXAMINATION OF WITNESSES –_-. ——————————–VIl-1
VII. EXAMINATION OF EVIDENCE————————————–
VIIl-1
VIII. REPORT OF INVESTIGATION —————————————
SECTION I

INTRODUCTION

1-1. Purpose and Scope
This guide is published for the use of officers who have been appointed as investigating officers under Article 32(b) of the Uniform Code of Military Justice. They should use this guide in conjunction with The Investigating Officer’s Report (DD Form 457) and the Manual for CourtsMartial 1969 (Revised edition) [hereafter designated as MCM]. The ipvestigating officer’s functions are: (1) to make a thorough and impartial investigation into the truth of the allegations;
(2) to consider the correctness and the form of the charges; and (3) to make recommendations as to the disposition of the charges in the interest of justice and discipline.
1-2. General Instructions
a. Duties of Investigating Officer.
Assignment of an officer as an Article 32 (b) Investigating Officer should take precedence over other military duties. An officer detailed to perform these duties must be familiar with the entire contents of this guide, Article 32, UCMJ, and paragraph 34, MCM. In preparing for and in conducting the investigation, the investigating officer must bear in mind that he is performing a judicial function. He must be impartial in appearance and in actuality.
b. Legal Advice for Investigating Officer.
At the beginning of the investigation, and at all other times when the investigating officer requires legal advice, he should seek that advice from the judge advocate officer serving the command of the officer who directed the investigation. However, the conclusions to be drawn from the evidence in the case and his recommendations concerning the disposition of the case are matters solely within his judgment and responsibility and are to be determined without reliance upon the opinions or recommendations of any other person.
c. Legal Representation for the Accused~
The accused may be represented during the investigation proceedings by a civilian lawyer provided by him or on his behalf at no expense to the United States, by military counsel, lawyer or non-lawyer, of his own selection if reasonably available, or by military counsel certified under Article 27b detailed for that purpose by competent authority. The accused’s preference for non-lawyer counsel should be discouraged. Counsel representing the accused will be allowed to present evidence on behalf of the accused, cross-examine witnesses for the Government, and otherwise perform the normal functions of counsel. Whenever counsel is requested by the accused, the taking of evidence will be conducted in the presence of that counsel unless the accused expressly excuses him. See paragraph 5 for a complete explanation of the accused’s right to counsel.
d. Legal Counsel for the Government.
Counsel may also be detailed to represent the Government. Such counsel is not the legal adviser of the investigating officer, but represents a party to the investigation. Accordingly, the investigating officer shall not seek legal advice from him. Counsel for the Government may present .evidence, cross-examine witnesses, and argue for such disposition of the matter as he considers appropriate. The Investigating Officer should recognize that arguments made by counsel for either side are not evidence and should carry no additional weight merely because of the side making the argument.
SECTION II

PREPARING FOR THE INVESTIGATION
2-1. General Considerations
The file will normally include five copies of the charge sheet; civilian or military police reports; statements of witnesses or summaries thereof; documentary evidence, such as extract copies of morning reports in cases involving unauthorized absence; and the record of previous convictions, if any. If these documents are not in the file, the Investigating Officer should request them immediately from the officer who appointed him. The file may also include a letter of instruction from the officer who appointed the investigating officer or directions to report to the office of the local judge advocate for a briefing.
The Article 32 investigation is a judicial proceeding and plays a necessary role in military due process of law. The investigation is subject to subsequent review at the trial, if there is a trial, or on appeal. The ultimate outcome of the case may well depend upon whether the investigating officer properly performed his duties in making certain that the accused was fully informed of and afforded all his rights in connection with the investigation.
It is important to conduct the investigation expeditiously. Usually, the officer appointing the investigating officer will set a date for completion of the report. If the investigating officer can not comply with that date, he will report this fact in writing to the authority who directed the investigation and explain the cause of the delay in detail. Such delay on the part of the investigating officer could result in a gross injustice to the accused and in a dismissal of the charges. On the other hand, the investigating officer must take the necessary time for a thorough investigation. Requests for delay by the accused should normally be in writing and attached to the report of investigation. Any reasonable request for delay by the accused should be granted.
2-2. Sequence of Preparation
After receipt of the file, the investigating officer should read Article 32, UCMJ, paragraph 34, MCM, and this guide, study the file and take action in the sequence indicated below.
a. Consult with a Judge Advocate.
The investigating officer should report to the judge advocate office serving the officer who directed the investigation for an initial briefing on his duties. He should consult that office at other times as needed for legal advice or assistance.
b. Examine the File.
(1)
.Examine the charge sheet and all accompanying papers.

(2)
Ascertain whether the charges were sworn before a commissioned officer who is authorized to administer oaths (Article 136 UCMJ, para 29e, MCM). If they were not, confer with the accuser to determine whether he desires to swear to the charges. The investigating officer should not, however, administer the oath for this purpose. If the accuser does not want to swear to the charges, or if it is impracticable for him to do so without unnecessary delay, the investigating officer should consult with the officer who appointed him for guidance in the matter and should proceed with the investigation only if directed ..

c. Determine Whether There Are Any Reasons Which Would Prevent the Investigating Officer From Conducting a Fair and Impartial Investigation.
If there are any reasons which would prevent the investigating officer from conducting a fair and impartial investigation, he should notify the officer who appointed him of this fact.
d. Determine the Applicable Law.
(1) The investigating officer should be familiar with the elements (essential facts) of the
offense(s) charged. He should read the discussion of the offense or offenses in chapter XXVIII, MCM particularly the paragraphs entitled “Proof.” In addition he should consult DA Pam 27-9,’ (Military Judges’ Guide). If the offense is charged as a violation of Article 134 and no discussion of the specific elements appears in the Manual or DA Pam 27-9, the elements of the offense can be identified by separating the specification into its essential, component allegations. Each of these allegations is an element of the offense. For example, if the offense charged is wrongful sale of heroin, the offense will be charged in substantially the following language:
In that Private John Doe, U.S. Army, Company A, did, at Fort
_________, on or about 4 September 19__, wrongfully sell a habit form
ing narcotic drug, to wit: heroin.
The elements of this offense are:
(a)
At the time and place alleged the accused sold heroin.

(b)
That heroin is a habit forming narcotic drug.

(d)
That the conduct of the accused was prejudicial to good order and discipline in the Armed Forces or was of a nature to bring discredit upon the Armed Forces.

(2)
The investigating officer should insure that each specification actually alleges an offense (see para 28, MCM) and that each offense is charged as a violation of the proper Article of the Code. If he concludes that the wording of a specification departs so materially from an applicable form specification (App 6c, MCM,) that no offense is alleged or the specification is ambiguous, he should return the file to the officer who appointed him, stating his reasons for returning it.

(3)
If the accused is charged with a failure to obey a regulation or written order and a copy of the directive is not in the file, the investigating officer should obtain copies of the directive for the report and familiarize himself with its provisions.

(4)
The investigating officer must determine whether documentary evidence in the file, such as extract copies of morning reports and copies of records of previous convictions, is properly authenticated (para 143 b, MCM). He should assign “identifying numbers to all documentary evidence and any physical objects in order that they may be accurately referred to when he makes out the investigating officer’s report. (See section IV.)

(5)
If familiarity with the scene of the alleged offense would assist him in gaining a more accurate picture of the case, he should visit the scene.

e. Determine What Witnesses to Call.
In preparing for the formal investigation, the investigating officer may communicate by telephone or otherwise with prospective witnesses to determine the extent of their knowledge concerning the case, whether he will interview them as witnesses, whether they are in possession of relevant documentary evidence or physical objects which should be produced at the investigation, or whether they are aware of other witnesses or evidence that should be examined during the investigation. The investigating officer must not, however, consider such informal communications as evidence in the case or in making his recommendations in the case.
f. Arranging for Pl.ace for Investigation.
The investigating officer should contact the officer who appointed him, to secure a place for conducting the investigation and such clerical assistance as can be provided.
2-3. Informing the Accused of the Investigation and His Right To Counsel
The investigating officer ~hould arrange (through the accused’s commanding officer, if the accused is not in pretrial confinement, or the confinement officer, if he is in pretrial confinement) to meet with the accused for the purpose of giving him preliminary advice and information eoncerning the investigation (See Appendix I). The accused may also be notified of the investigation and his right to counsel in writing. If the accused is already represented by counsel, a copy of a written notice, if any, should be sent to the counsel whenever possible the investigating officer should personally deliver the notice to the accused, read its contents, explain it and answer any questions. If the accused can reach a decision at that time, his answer should be obtained in the form of an indorsement to the letter. A sample notification and indorsement is contained in appendix II. At this first meeting with the accused, the investigating officer should introduce himself and explain that he has been detailed as investigating officer and explain the purposes of his investigation in accordance with appendix I. Any attempt by the accused to discuss the facts of the case with the investigating officer at this time should be discouraged.
2-4. Consultation with Counsel for the Accused
a. Generat
If the accused requests that he be represented by counsel, his request must be promptly reported to the officer who ordered the investigation. The investigating officer should request that officer to notify him as soon as possible as to the identity and address or military organization of counsel who is to represent the accused. When the investigating officer receives this information, he should contact the accused’s counsel for the purpose of delivering a complete copy of the file to him. At this time the investigating officer should advise counsel of his proposed date, time, and place of the investigation and allow counsel reasonable time for preParation of the case. If counsel requests additional time for preparation, such request should be in writing and directed to the investigating officer. Investigating officers will grant reasonable requests. ‘
b. Witnesses for the Accused~
The investigating officer should attempt to secure from counsel for the accused a list of any witnesses desired by the accused sufficiently in advance of the formal investigation to allow time for securing their attendance. This will help insure orderly and expeditious procedure in the opening session. If the accused desires to have witnesses called or to have certain documents or records obtained, the investigating officer should arrange, if possible, to have the witnesses present and the documents or records produced at this first session. If this is not possible, then arrangements should be made for their appearance and production at the time and place set for the next session of the investigation.
In the event the investigating officer is unable to arrange for the attendance of civilian witnesses or the production of certain documents requested by the accused by the date he originally planned to call the next session of the investigation, he should set a date for further hearing to permit the attendance of the witnesses and the production of the documents. The investigating officer need not delay proceeding with the initial session of the investigation until he has arranged for the production of all the witnesses or other evidence requested by the accused. Sound discretion on his part is essential. For example, if all of the witnesses requested by the accused are readily available but certain requested documentary evidence will not be available until several days later, there may be no objection to proceeding with the investigation. It must be kept in mind that the thoroughness of the investigation is not dependent upon having all of the evidence available at the same time, but only upon the ultimate examination of all of the witnesses and evidence in a manner which is as orderly as possible. If, however, the investigating officer must temporarily postpone the investigation in order to arrange for the attendance of witnesses, he should inform the accused and the potential witnesses of the date and place he has set for future proceedings and arrange for their attendance.
2-5. Securing the Attendance of Witness
a. Military1 Witnesses and Government Employee Witnesses.
Military witnesses may be ordered to appear at the investigation. If there is a question as to the availability of such witnesses, application should be made to the immediate commanding officer of the requested witness (para 34d, MCM). The supervisors of civilian employees of the government should be requested to arrange for their attendance.
b. Civilian Witnesses not Employed by the Government.
Generally, non-government civilian witnesses may not be compelled by the investigating officer to attend the pretrial investigation and testify (para, 34d, MCM). The investigating officer should arrange where practical for transportation to the hearing of any civilian witnesses who are willing to appear voluntarily. In the alternative, the investigating officer may arrange transportation for himself, the accused, and counsel, if any, to a place convenient to the civilian witness. In those cases where the investigating officer determines that the testimony of a reluctant civilian witness is substantial, material, and necessary for a proper disposition of the case, he should immediately ask the staff judge advocate to assist in obtaining the witness’ attendance.
c. Arranging for Documentary Evidence.
The investigating officer should make every effort to insure that witnesses in possession of essential documentary and real evidence are present at the investigation. He should examine but not take real evidence into his possession as such a procedure might produce additional problems regarding admissibility of such evidence at a later trial.
SECTION III
THE FORMAL INVESTIGATION

3-1. General
Whenever practicable, the interview room should be arranged so that the witness chair faces both the investigating officer and the accused (app III). The formal taking of evidence in the investigation and the actual interrogation of witnesses and examination of real evidence will be held at a time and place designated by the investigating officer. The investigating officer should have before him a copy of DD Form 457, (Investigating Officer’s Report Form) (app VIII). Use of that form as a check list commencing with Item 4f, in conjunction with the provisions of this guide, is recommended.
3-2. Procedure for Opening Session
Appendix IV sets forth the suggested procedure in a typica’l opening session with the accused and his counsel after appropriate introductions are made. Variations in these procedures may be made to meet special circumstances.
3-3. Procedures for Taking Testimony and Examining Evidence
a. Record of testimony.
Generally, the testimony of the witnesses given at the investigation is recorded by having them sign and swear to the truth of the substance of their statements after the testimony has been reduced to writing by the investigating officer. If, however, obtaining witnesses on statements of summaries of testimony will cause undue delay, they need not be signed by the witness but they will be authenticated by the investigating officer. These statements should be recorded on DA Form 2823, given exhibit numbers and noted in Item 5c, DD Form 457. In certain cases, the officer who appointed the investigating officer may desire to have the entire proceedings reported verbatim by a sworn reporter. In such case the verbatim report of the testimony of witnesses given on oath or affirmation need not be signed by the witnesses. Verbatim statements should also be given exhibit numbers and entered in Item 5c, DD Form 457.
Ordinarily it is not necessary to give Article 31 warnings to witnesses who are not accused or suspected of a crime; however, if during the taking of testimony it appears to the investigating officer that amilitary witness might be suspected of committing any offense, the investigating officer should stop him and advise him of his rights under Article 31 and his right to lawyer counsel.
b. Refmal to testify.
If a witness who is a member of the military refuses to make a sworn statement and it does not appear that the statement will incriminate him, he should be allowed to consult with a judge advocate concerning his rights and duty to testify. If he persists in refusing to testify he may be given an order to do so. Failure to comply with this order could result in disciplinary action. If a witness has previously made a sworn written statement and now refuses to testify, the investigating officer should show the witness his previous statement and inquire into the reasons for which he now refuses to make a sworn statement regarding the same subject matter. After having determined as far as possible the reasons for which the witness refuses to make an additional statement, the investigating officer should indicate to the accused and counsel that he is still going to consider the previously sworn statement. If the witness refuses to make a sworn statement and he not previously made a sworn statement, the investigating officer is not permitted to consider any unsworn statement. If it appears that any witness who is apparently essential to the trial is subject to early discharge, transfer, temporary duty, or other personnel action
which might prevent his availability at a later trial, the investigating officer should so note in ·Item 11, DD Form 457. If the change of status is within a period of 30 days, the staff judge
advocate should be notified to determine if a deposition should be taken.
c.    Spectators.
The authority who directed the investigation may provide that the investigation be closed to the public. The investigating officer may also decide not to permit spectators, including members of the news media, to attend all or part of the proceedings. In this connection, the investigating officer must follow the guidlines established in AR 345-60, which prohibit the release of certain information to the public concerning disciplinary actions prior to trial. In addition, prospective witnesses in the case should not be permitted to hear or exambQ the testimony, or stakments of other witnesses. Witnesses should remain available outside the hearing room and should be called one at a time to testify. Witnesses should be instructed not to discuss their testimony with other witnesses. (See appendix Sb, MCM. 1969 (Rev.), paragraph AS-17 for a warning guide.)
d.    Oatks.
The procedure for administering the oath to a witness is set forth in appendix V.
e.    Examination of Witnesses.
A procedure for examining witnesses is set forth in appendix VI.
f.    Examination of Evidence.
The procedure for examining evidence is set forth in appendix VII.
g.    Inquiry into Mental Responsibility or Capacity (para 120, MCM). If the investigating officer considers that grounds exist for inquiring into the mental condition of the accused to determine whether he was mentally responsible at the time of the acts charged or has sufficient mental capacity to understand the nature of the Article 32 investigation, he should notify the officer who directed the investigation who will take appropriate action (para
121, MCM). In addition, the investigating officer should complete all items under Item 10, DD Form 457, as appropriate.
h. Closing the Investigation.
When the investigating officer receives all the evidence and the accused and his counsel have indicated that they have no further evidence tQ offer, he should inform the accused that he does not contemplate calling any more witnesses or receiving other evidence unless the accused or his counsel have other evidence to present, or argument to make. If the accused or his counsel present evidence in t)Xplanation or mitigation it should be noted in Item 12, DD Form 457. If the accused or his counsel has no further evidence to offer, the investigating officer should declare the
taking of evidence closed.
The accused or his counsel should be afforded the opportunity to make a statement of what he considers an appropriate recommendation concerning the disposition of the charges in the case. The investigating officer should consider any comm~mts made in that connection in deciding what disposition he will recommend to the officer who directed the investigation. The investigating officer should explain to the counsel that his recommendation in the case is advisory only and is in no way binding upon the officer who directed the investigation or any superior authorities.

SECTION IV
COMPLETION OF THE INVESTIGATING
OFFICER’S REPORT

4-1. General
As indicated in paragraph 6, the investigating officer should have before him during the investigation a copy of DD Form 457, Investigating Officer’s Report. The DD Form 457 used during the investigation and other notes may be used as working papers in preparing the report to the officer who directed the investigation. If the investigation is not to be completed verbatim, he should put the substance of each witness’ testimony in writing and ask the witness to sign and swear to the statement.
4-2. Considering the Evidence and Making a Recommendation
In many cases, the investigating officer may be able to make his recommendation as soon as the investigation closes. If so, he should record it in Item 17 or 18 of the working copy of the Investigating Officer’s Report and then have the report typed in final form. If the investigating officer is unable to make a decision immediately, he may desire to have the testimony transcribed and to review it before coming to a conclusion.
4-3. Forwarding the Report
The investigating officer should secure all papers furnished to him together with all evidence produced at the investigation to the Investigating Officer’s Report (DD Form 457) and, if at all practicable, hand-carry the entire file to the headquarters of the officer who directed the investigation.
Each document in the file should be in five copies unless there is more than one accused. The furnishing of a copy of the investigation to the accused is not a part of the investigating officer’s responsibilities.
If the accused or his counsel requests a copy of the report, the investigating officer should explain that he will transmit the request to the officer who directed the investigation. The investigating officer should make a notation of the request in the “remarks” section (Item 18) of his report.
4-4. Informal Report
Where it clearly appears that the charges will not be referred to a general court-martial, an informal report may be made in lieu of a formal report (34f, MCM, 1969 (Rev.)). In appropriate cases this can eliminate much needless paper work.
APPENDIX I
PRELIMINARY ADVICE TO ACCUSED
The following procedure provides guidance for an introductory session with the accused in an Article 32 investigation.
I.O. (to accused: “I am (Major) • By order of , I have been appointed investigating officer under Article 32(b) of the Uniform Code of Military Justice to investigate certain charges against you. The charges allege, in general, (the otil:nse(s) of ) (that you did ). The name of the accuser is . The names of the witnesses thus far known to me are ————–Identity of 1.0.
Charges referred for investigation
Informing accused of charges
“I am now going to advise you of your rights in this investigation. You will have the right at the proper time: to cross-examine all available witnesses against you, to present anything you might desire in your own behalf, either in defense or mitigation, to have a lawyer represent you at the investigation, to have the investigating officer examine available witnesses requested by you, to make a statement in any form at the proper time or to remain silent or to refuse to make any statement regarding any offense of which you are accused or suspected or concerning which you are being investigated. In addition you are advised that any statement made by you might be used as evidence against you in a trial by court-martial. Do you understand?
“As investigating officer, it is my duty to investigate thoroughly and impartially all the matters set forth in the charge(s) and specification(s) against you. This investigation shall include inquiries as to t1’e truth of the matter set forth in the charges, form of charges, and the disposition which should be made of the case in the interest of justice and discipline. It is my duty to evaluate and weigh impartially all of the evidence. I will examine the available witnesses against you as well as any available witnesses requested by you. You and your counsel will be given full opportunity to cross-examine witnesses against you if they are available and to present anything you may desire in your own behalf, either in defense or mitigation or extenuation. I can recommepd that the charge(s) against you be referred for trial to a general court-martial or to a different type of courtmartial or that the charge(s) be dismissed or disposed of other than by trial by court-martial. It is not my purpose during this investigation to act as prosecutor but only as an impartial fact finder. Do you understand?
“Before I begin the formal investigation and examination of any of
the witnesses in this case, I must inform you that you have the right to be
represented at all times during this investigation by legally qualified
counsel. This means that you have the right to be represented by a civilian
lawyer of your choice, but at no expense to the United States, by military
counsel (whether a lawyer or not) of your own selectiol.l if that counsel is
reasonably available, and by a qualified military lawyer counsel detailed to
represent you during the investigation. There is no cost to you for military
lawyer counsel or military counsel. Do you wish to be represented by
counsel and, if so, state the kind of counsel you want to represent you.
Note. If the accused is hesitant about whether he should ask for lawyer coun-
Cautioning the accused
Duties of
I.O.
Accused’s
rights to
counsel
sel, the investigating officer should encourage him to ask for legally qualified counsel. If the accused requests counsel other than a lawyer, he must be advised that such non-lawyer counsel cannot represent him before a general court-martial or a special court-martial which can adjudge a bad conduct discharge.
APPENDIX II
NOTIFICATION TO THE ACCUSED
DEPARTMENT OF THE ARMY
Headquarters

(Date)
SUBJECT: Article 32b Investigation
Private (E-1) John J. Doe Post Stockade Fort Blank, Missouri
1.
On at hours in Building , Room , I will conduct an investigation pursuant to Article 32b, UCMJ, to investigate the facts and circumstances concerning charges preferred against you by . The charge(s) (is) (are) and ————–. in violation of Articie(s) (and ), UCMJ.

2.
You have the right to be present during the entire investigation. Additionally you have the right to be represented at all times during this investigation by legally qualified counsel. Such counsel may be a civilian lawyer of your choice, provided at no expense to the United States, a qualified military lawyer of your selection, or a non-legally qualified military counsel, if reasonably available, or by qualified military counsel detailed by competent autliority. There is no cost to you for military counsel. You also have the right to waive representa1.1on by counsel. Send me

(date) your decision by ——–
3. The names of witnesses as known to me, who will be asked to testify at the hearing are:
a.

e.
Additionally, it is my intention to examine and consider the following evidence:
a.

4.
As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send me names and addresses of such witnesses by—-If, at a later time, ·you want additional witnesses, inform me of their names and addresses.

(telephone number)

5.
You may contact me during duty hours at ————-

MAJ, INF Investigating Officer
–( ) 1st Ind PVT (E-1) John J. Doe, ________, ——-TO: Major _________, Investigating Officer,———-_______ (date)
1.
Receipt of basic communication is acknowledged.

2.
I want to be represented by (civilian counsel, who is Mr. ———–(Name)

bar
(Address) (Rank) (Name) if he is reasonably available) (legally qualified military counsel detailed by competent authority) (I do not want to be represented by counsel.)
3. I want the following witnesses and/or evidence present at the hearing:
a.

PVT (E-1), Accused
APPENDIX III
ARRANGEMENT OF ROOM FOR INVESTIGATION

Note. The Article 32 investigation should be conducted in a formal and dignified manner. While the investigation is not a trial and the strict rules of procedure and evidence applicable in trials by courts-martial do not apply to the investigation, the investigating officer will find that the investigation will be far more successful if informality is kept to a minimum. For this reason, the investigating officer should attempt to hold the investigation under conditions of relative quiet and without interruption. When the investigation is conducted in a place where people are walking about holding general conversation, the accused and observers are likely to get the impression that the investigation is a casual affair, rather than the serious judicial function which it was intended to be by the Congress and the United States Court of Military Appeals. The investigating officer should attempt to arrange the furniture in the room where the investigation is to be held substantially in the following manner.
chart
C)
0
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APPENDIX IV
PROCEDURE FOR OPENING SESSION OF THE FORMAL INVESTIGATION
I.O. (to accused–counsel) : This is a formal investigation into certain charges against ___
ordered pursuant to Article 82(b), UCMJ, by——On , 197 _, I informed you of your right to be represented by civilian counsel at no expense to the Government, military counsel (lawyer or not legally qualified) of your own selection, and a military lawyer counsel detailed by You informed me that you (did not desire to be represented by counsel) (that you desired to be represented by (Mr. Thomas White of Bowie, Maryland) (Captain Staff Judge Advocate Section, Headquarters, 20th Infantry Division) (Detailed military counsel).
Let the record show that ( was available and is here present with you) (Mr. White is present here with you) (Captain was tletailed by ———-and is here with you).
(Mr. White, I will ask you to step forward and enter your appearance by filling out Item 3 on the Official Investigating Officer’s Report) (DD Form 457).
1.0. (to accused–counsel): I want to remind you that my sole function as the Article 32 investigating officer in this case is to determine thoroughly and impartially all of the relevant facts of this case, to we!gh and evaluate those facts and determine the truth of the matters stated in the charges. I shall also consider the form of the charges and make a recommendation concerning the disposition of the charges which have been preferred against you. I will now read to you the charges which I have been directed to investigate. They are as follows:
(Charge (I): Violation of the Uniform Code of
Military Justice, Article—Specification (1): In that——Specification (2): In that ———–
(Charge (II): (Additional Charge): Violation of the Uniform Code of Military Jus
tice, .Article )
(Specification (1)): In that .)
( )

I will now show you the charge(s) and specification{s). I advise you that you do not have to make any statement regarding the offense(s) of which you are accused and that any statement you do make may be used as evidence against you in a trial by court-martial. You have the right to remain silent concerning the offenses with which you are charged. You may, however, make a statement either sworn or unsworn and present anything you may desire, either in defense, extenuation or mitigation. If you do make a statement, whatever you say will be considered and weighed as evidence by me just as is the testimony of other witnesses. You have previously been given a copy of the investigation file which Examination of has thus far been compiled in your case. It contains the (sworn) (and) the file. (unsworn) statements of (Captain) (Sergeant) (Private First Class) It
also contains [kere state tke other relevant documents contained in the’ file]. It is my intention to call as witnesses in this investigation (Captain) ———. (Sergeant) , and (Mister)
. After these witnesses have testified in response to my questions, you and your cou.nsel will have the right to cross examine them. You also have the right to call available witnesses for my examination and to produce other evidence in your behalf. I have arranged for the appearance of those witnesses previously requested by you. If you desire additional witnesses, I will help to arrange for their appearance or for the production of any available evidence relating to your case.
[I do not intend to call as a witness (Private First Class) —but intend rather to consider his sworn statement in my recommendations as it is contained in the file.]
Note. If the statement of a witness the investigating officer intends to consider is unsworn and the investigating officer does not intend to call him as a witness, he should advise the accused substantially as follows:
1.0. (to accused-counsel): Since the statement of (Private First Class) , is unsworn I am not permitted to consider it unless you consent. Do you consent to my consideration of (Private First Class) ‘s unsworn statement, even though I do not intend to call him as a witness?
(COUNSEL)(ACCUSED): ——–
If the accused answers in the negative, the investigating officer may not consider the unsworn statement in making his recommendation. However, he is at liberty to attempt to obtain a sworn statement from the witness in question. If the investigating officer chooses to do so he must be sure to advise the accused of the decision. If the accused consents to the unsworn statement, the investigating officer should mark it as an exhibit and enter it in Item 5c, DD Form 457, with an appropriate explanation in Item 18. He may then consider the statement in arriving at his recommendation.
If the statement of a witness the investigating officer intends to consider
is sworn and he does not intend to call him as a witness, advise the accused
substantially as follows:
1.0. (to accused-counsel): Even though I do not intend to call (Private First Class) , whose sworn statement I intend to consider in arriving at my recommendation, it is your right to have an opportunity to cross-examine him if he is available and, if you wish, I will arrange his presence for that purpose. Do you want me to call (Private First Class as a witness?
(COUNSEL) (ACCUSED): ——–
If the accused answers in the affirmative, IO must arrange to have the requested witness, if available, present at the place and time set for the next session. If the accused answers in the negative and the witness is not available, the investigating officer should mark the statement as an exhibit and enter it in Item 6a and may consider it in arriving at his recommendation.
1.0. (to accused-counsel): Before proceeding further I now ask you whether you have any questions concerning your right to remain silent concerning the offenses of which you are accused, your right to make a statement either sworn or unsworn if you want to, the use that can be made of any statement you do make, your right to cross-examine witnesses against you, or your right to present anything you may desire in Explanation regarding unsworn statements your own behalf, and to have me examine available witnesses requested by you either in defense or mitigation.
(COUNSEL) (ACCUSED): ——–
Note. At this point, answer any questions which the accused may have with respect to his rights or as to procedural or other matters concerning the investigation. The I.O. should not proceed further until he is convinced that the. accused understands his rights. If the accused is represented by lawyer, counsel, however, the latter will generally indicate that he has explained these matters to the accused and that they are understood by him.
I. O. (to accused-counsel): Do you want me to call any witnesses to testify in your defense or to testify in mitigation or extenuation on your behalf? Do you want me to call any other witness regarding this case so that yau may cross-examine them? Ifso, give me their names and organizations or addressed. Ifyou are aware of any military records which you want me to consider and which you have been unable to obtain, give me a list of these documents.
(COUNSEL) (ACCUSED): Ascertaining accused’s desire to call witnesses

APPENDIX V
OATHS

Note. The word “oath” as used in this appendix includes the word “affirmation.” All oaths and affirmations should be made in the presence of the accused. Generally, only witnesses need be sworn at an Article 32 investigation. There is no requirement that the investigating officer or counsel be sworn. Interpreters must also be sworn before beginning their duties. The oath may be administered by the investigating officer in the following manner: The investigating officer should raise his right hand and have the person being sworn stand in front· of him and raise his right hand. The investigating officer should then read or recite the appropriate oath and the witness should respond appropriately.
OATH FOR WITNESSES
1.0. You swear that the evidence you shall give in the case now being investigated shall be the truth, the whole truth, and nothing but the truth. So help you God.
AFFIRMATION
1.0. You affirm that the evidence you shall give in the case now being investigated shall be the truth, the whole truth, and nothing but the truth. Note. The “AFFIRMATION” is used when administering the oath to persons who have conscientious scruples against taking an oath or to persons who do not b~Iieve in the existence of a Supreme Being (para, 112d, MCM). Persons who recognize special ·forms or rites as obligatory, and persons who do not belie~~ in a Supreme
Being may be sworn in their own manner or according to the ceremonies of the religion they profess and declare to be binding.
OATH FOR INTERPRETER
1.0. You swear that you will faithfully perform the duties of interpreter in the matter now in hearing. So help you God.
Note. When testimony is given thro1•gh an interpret.er, he must first be sworn (para. 114, MC:M). Tlte interpreter must translate questions and answers in verbatim form.
APPENDIX VI
EXAMINATION OF WITNESSES

Introductory questions to witnesses
(Swear WITNESS) See appendix V.
l.O.: State your full name (grade, organization, and armed force) (occupation and residence address).
WITNESS:
l.O.: Do you know the accused in this case? WITNESS: (I do) (I do not). Note. If the identification of the accused is not an essential part of the expected testimony of the witness, this question m:i.y be omitted. If the witness identifies the accused, the 1.0. should normally ask him to state the accused’s name and organization if he knows it. If the identity of the accused is particularly relevant in a case, and the identity of the accused as the perpetrator of the offense depends upon the ability of the witness to identify the accused, the accused’s counsel may request that the witness be required to identify the accused from a non-suggE>stive lineup of persons similar in appearance to the accused. This request should be granted whenever possible. Otherwise the ability of the witness to identify the accused as the offender may be based on the fact that the accused is the only person whose conduct is being investigated. In any event in this situation, the 1.0. should inquire into the basis for the witness’ identification of the accused.
GOVERNMENT WITNESS
I.O.: (to witness after introductory questions): Did you see the accused on the morning of 4 September 1970? WITNESS: Yes, sir, I did.
I.O.: Where were you when you saw him? WITNESS: I was in the dayroom of Company , Fort——-· 1.0.: About what time was this? WITNESS: It was approximately 0930 hours, sir. I.O.: Who else, if anyone, was present at the time? WITNESS: Sergeant John Smith was there then, sir. I 1.0.: What did the accused do, if anything, when you saw him at this time? WITNESS: When I came into the dayroom, sir, I saw Sergeant Smith and the accused facing each other and (witness continues with details of the incident}.
• • * * * * * *
CROSS-EXAMINATION OF GOVERNMENT WITNESS When the investigating officer has completed his examination of a witness, he should advice the accused and his counsel, if the accused is represented by counsel, substantially as follows:
I.O. (to accused–counsel): You may now cross-examine this witness concerning any of his testimony, any knowledge he may have of the offense(s), or concerning his worthiness of belief. (Since you are not represented by counsel, I will do this for you, if you wish, if you will inform me in a general way of the matters about which you want me to question the witness.} Do you wish to cross-examine this witness? (COUNSEL) (ACCUSED): I (do) (do not) (request that you ask him whether he …}.
Note. If the accused or counsel desires the witness to be cross-examined proceed substantially as follows:
(COUNSEL) (ACCUSED) (1.0) (to the witness): Did you hear the subject of the argument between the accused and Sergeant Smith? WITNESS: No, sir, they were arguing at the time I came into the dayroom, and I didn’t hear what was said before I got there.
(COUNSEL) (ACCUSED) (1.0~): Did you see any gestures made during the argument
by Sergeant Smith?
WITNESS: I’m not exactly sure what you mean, but (witness continues to describe details of
the incident).

1.0. (to accused-counsel): Do you have any further questions you want this witness to answer? (COUNSEL) (ACCUSED): No Sir.
1.0.:    The witness is excused.
• • • • • • • • \
CALLING DEFENSE WITNESSES
1.0. (to accused–counsel) : I have now called all witnesses I contemplate calling and have revealed to you all evidence I intend to consider in the preliminary portions of this investigation. As I have previously advised you, you may now present any evidence you desire. Do you have any witnesses to testify in your defense or in extenuation and mitigation? If so, I will proceed to call them at this time.
(COUNSEL) (ACCUSED):~~~~~~~~–~~~~~~~~~~~Note. If witnesses are to be called to testify on the accused’s behalf, the investigating officer should advise the accused substantially as follows:
1.0. (to accused-counsel): You may question each of the witnesses who are to testify for you (or, since you are not represented by counel, I will question them, if you prefer, if you will tell me generally about what you want to question them.)
(COUNSEL) (ACCUSED):~~~~~~~~–~~~~~~~~~~~Note. If the accused is represented by counsel, the 1.0. should assume that counsel will conduct the examination of the witness and present his evidence in a planned procedure. If the accused has elected not to have counsel at the investigation, the 1.0. should permit the accused to cross-examine witnesses himself and to question his own witnesses if he desires. The procedure for administering the oath (app V) and for introductory questioning of the witness set forth above should be followed for defense witnesses. After the accused or his counsel has completed his examination of the defense witness or the 1.0. has done so for him, the 1.0. may cross-examine the witness or if counsel appears for the Government, he may cross-examine the witness.
CALLING ADDITION AL WITNESSES When all witnesses who were initially called have testified, the investigating officer should determine whether other witnesses should be called in the interests of justice, fairness, and a complete investigation. In addition, inquire of the accused substantially as shown below:
1.0. (to accused-counsel): (I do not intend to call any additional witnesses.) (I intend to call and as additional witnesses.) (I am going to recall ___ _____.for further questioning.) Are there any witnesses you desire to recall or are there any additional witnesses who have not been called whom you wish to testify?
(COUNSEL) (ACCUSED):
EXPLANATION OF ACCUSED’S RIGHTS AS A WITNESS
After all the witnesses have testified and the accused or his counsel indicate that they have no further evidence to present, the investigating officer should make inquiry of accused and his counsel, if the accused has not previously made a statement, substantially as follows:
1.0. (to accused): Earlier in this investigation, I advised you of your rights to make a statement or to remain silent. Do you want me to repeat this advice? Do you desire to make
a statement in    any form? Note. The response by the accused or his counsel should be recorded (Item 9, DA Form 457).
APPENDIX VII
EXAl\flNATION OF EVIDENCE
REAL EVIDENCE (PHYSICAL OBJECTS)
I.O    (to witness): I have here a knife which I have designated as Exhibit No. ___ Note. The accused and counsel should be permitted to examine the exhibit at this point.
I.O.
(to witness): Do you recognize this knife? WITNESS: I do.

I.O.
llow do you recognize it? WITNESS: I recognize it by (witness describes how he recognizes the knife).

I.O.
When did you first see this knife? WITNESS: I got my first look at the knife when I found it under the accused’s bunk.

I.O.
(to accused-counsel) after questioning the witness further as to the circumstances under which the knife was found, and after cross-examination, if any, of the witness): Do you have any objection to my considering this exhibit as evidence? (COUNSEL) (ACCUSED): (Yes, sir (stating reasons)) (No, sir).

DOCUMENTARY EVIDENCE
AUTHENTICATED OFFICIAL RECORD

I.O.
(to accused-counsel): I have here an extract copy of the morning reports of Company ___, , for 31July1970 and for 31 September 1970, which I have designated Exhibit No. . It appears to be certified as a true copy by . I now hand you this exhibit for your examination.

I.O.
(to accused-counsel) after permitting him to examine the document): Do you have

any objection to my considering this exhibit as evidence? (COUNSEL) (ACCUSED): (Yes, sir (stating reasons)) (No, sir).
APPENDIX VIII
REPORT OF INVESTIGATION

INVESTIGATING OFFICER’S REPORT
(Of char’es under the provisions of Article 32, Uniform Code of 2d
Militsrv Tustice ttnd Dttrtt§.rttoh 34 MCM U.S. 1969 rRev,ll INOOflSUllENT
,ROMI (Grede, ,….•NI Ol’..nJ••llon ol ln•Hll..tlnf olllc•r) OATK 0 ,. REftOAT
r~-~~;,., …;,,,,,,01 R t>….~r R Cn 1 ..t_ ;),.. ?1at T-4′ ?nth T-#’ n;v c; …_,,_. 10?n
TOt (Title-“” or,_,.l••llon ol olficw who 411.ctH report to be ….) l”t. Blank, ?..;o.
Cnmmandi!U!’ Officer. 1st &1 • 71.st Tnf’. 2tlth T … f’ 1)iv Ft. t>’lnnlr .,; DD• ..·-•
GAAOE. ANO NAME OF ACCUSED SSAN l’OftGA.NIZA.TION DATE 0″ CHARGES

Staff Sergeant 546 77 7’2:70 HHG, 1st Bn, 71st Inf,
Robert I.S. }’.issing 20th Inf Div, Ft. Blank lfo l Aug 70
(Clteclt •PJWOPl’l•t• anewer) YIS MO 1. IN ACCORDANCE. WITH THE PROVISIONS 01′ AATICl.E 12, UNIFORM CODE OP’ MIL.ITAAY JUSTICE, AND PARAGRAPH M MCM, IHI tREV.1, I HAVI: INVESTIGA.Tl!O THI. CHARGES (BahlbU I) APPl:NDl!O HERETO. QI, and ea •oe1rt ea, II la,,.,_.,,_,, Me ecc.,.ad •l•ct• not to N repN••nted &r COWl••I fll b7 ,uellll-4 coun••I llhr~• the 1n…u..11on, dM ……u..tbll olflc• trlll compr.te In 1na;.1,…. I tlrrou’1t 41 esc•pt ‘1. and wUI ••k th• accualHf to •I,,. lte• fC.) x z. AT THI!. OUTSET oir THI!: INVESTIGATION,I Rl!:AO TO THIE ACCUSED THe: PROVISIONS OP’ A..TIC~ll 11. UNIP’O…. coo• OP’ MILITARY JUSTICE:. AND AL.SO ADVISED HIM: x x•• O” TH& NATUllt& o” TMI: 0″11’11N•&tSI CHAlltQ&D ACJAIN•T …….
xb. O” TM& NAM& 011′ TH& ACCUSl:llt, c. 0″ TH& NAM~• O” TH& WITN&••1:• ACIAIN•T HIM •o “”” AS KNOWN ev MC. d. THAT TH& CMAflUi&a Wl:llt& AaOUT TO 81: INYl:aTIGAT&D ev M&. xx •• TH.-.T …………. llUQHT TO CONSUL.T WITH AND TO oaTAIN, AND TO MAY& Pllt&S&NT DUlltlN• THIS INY&•TleATION. A L.AWY&.., l:ITH&” ,., A CIYIL.IAN LAWVIEft “•TAINCD AT … ,. OWN ••P&Naa, o .. l&I MIL.IT.lt.ftY COUNltL o…-HIS OWN ••L.ICTION….. 8UCH COUN•aL. •• lll&AION.lt.aL.Y AVAIL.A•L.•. 0″ Cll A MIL.ITA.. V LA.WYE”• C&.. Tlll’l&O UNDIE” AftTICL.W l7(‘b). P”OYIOCO WITHOUT C08T ev THa OP’ll”IC•J’ l:Xl:llllC181NQ Gr:N&lltAL. COUJltT•MAftTIAL .IUflilllDICTION. P.lt.fll:AGlltAPH MC, MCM. y I. 011″ Hl8 flllAHT TO c”o••·&XAMIN& ALL. AYAILA•L.• WITNtr.111:8 A•AtN•T MIM x •• Ofll’ Hll llltlGMT TO Pllt ..a&NT ANYTHIN.CI …. MICIHT DIUI… IN. ….. OWN alt.HAL.tr. &ITH&ft IN o ………. Oft MITl•ATION
r “· orr Ht• “ICIHT TO HAV& THI: INYll8TICIATIN•Ofl”fll’IC …. IXAM1Na AVAIL.AeLll WITNllS81!1 ….QU&ST&O av MIM y I. Ofll’ Ml8 lltlGMT TO MAKll A aTATllMllNT IN ANY “OftM … J. Ofl’ Hla “IGMT TO “llM.lt.IN a1L&NT Oft TO “IEP’Ua& TO M.lt.KIE ANY 8TAT&MIENT lltllGAfltOINO ANY 0″‘”‘&N811 Ofll’ WMICH Hll x WAI •ccuaao 0” CONC&ftNINCI WHICH …… •lllNCI INY ..aTHIATllO• .. THAT ANY aTATIEM&NT MADll BY MIM MICIHT •• u•IED A• llYIDl:NC• AGAIN•T HIM IN A TfltlAL • ., COUlltT…AlllTIAL. –
1••• TH& ACCUS..D “IEQUIE•T•D MILITAlltY COUN•llL. ev NAMC x b. NAMll ANO Gflt.lt.O& Ofl’ aUCH COUNS&L OfltCIANIZATION ‘-‘ .. ‘-‘~A u~-.,,.,…. Tn4′ T>lvI
•• MIL.ITAlltY COUNSIU. 111•ouaaTllD av NAMll WAI QUALIP’l&O WITHIN TMll MIEANINCI Ofl’ AlllTICL.a 17(&) UNIP’OfltM coo• x OP’ MILITAfltY .IU9TIC& d. ‘” AN8Wllllt TO PftllC&OINe ITllM WAa ..NO””. ACCUSKD WAa INP’OfltM&D THAT SUCH UNQU.lt.L.1″1110 COUNlllL. MAY NOT llt&Plll&l&NT HIM AT .It.NY OllNllfltAL COUlllT•MAlltTIAL •• MIL.ITAfltY COUNallL “llQU&aT•D ev NAM& WA.a R&ASONABLV AYAIL.AeLll, (It not aNfl8bJ9, ……. In I,__ JI, lliia•lnl ’91erettee lo ,_.,,.pitJ4c, llCll, I Hf (R••.)) x x ‘· THll ACCUll:D IT.It.Tllo H& WOULD 81: lltl:PJtaSl!NTIED • ., CIVILIAN COUN91:t. IMllM•ll” Of’ THll 8A.. Of’ (Plioe .nd dlile) I h.,..by enter mr •ppearaace f« the above-o•med accuaed •nd Npreaen.t th•t I •m a member ol. the bar ot 4… TH& ACCUICO lllKQUIUTllO THAT COUN•&L. ……ov10110 •Y THll Cl&NIE..AI. COUlllT-MAlltTIAL AUTHCR:ITY TO lltl:P”lll&NT HIM I
6. NAM& ANO CIRAO& O” IUCH COUNS&L. o”•AN1ZAT10N c. COUN811L ,•• In ••bo••J WAI QUAL.lfl’lllQ WITHIN THC MCA.NINO 0 .. “”TICLllJ:7(‘b) UNl”O”M COD& Ofll’MIL.ITAlllY..JU•TIC& d • •,.. .lt.N8Wllllt TO …..cao1N• iT&M (fC) II ··No••, ACCUSllD ….Clfll’ICALLY W.lt.IV&O COUNlllL. WITH aUCH QUAl.o.lll’ICATIONI appendix VIII
x KOT&: If •ddJ.tiOIMll •pao• i• Hqulnd f• .., it••• •Dl:91′ the addJ.tiOAAI ..t•llll • • Hperat• •M•t• a. …to w.tltUr aooh -t.n..I wttla U.. P”P9I’ aWD91’1cel and, wh•• approprl8t•, latt•nd 1’eadJ.nc (Z…..,,I•, ..Jc”). hcw.1′ ettaelt. • ., eddltlOMl •IM•t to tt.. ,_…S edd •not• ID…_ …….~.. lh• ol the ,_r ….. addition.I.,..••••• ~..ttltH eOIHW.nd P’W•–….,..,..p11 M. llCM, Ifft<•••·> whk:lrl ..Dot w.au. liable wldl ec:.e otHr IMod&ns ID UM 1-ahould b• eat•-d AA lt•• 1.8. DD Form 457
P”•YIOUa &OITIOM IS oeaOL&T&.
VIII-1
appendix VIII – cont.
APP VIIl
VIIl-2
blank space
(Check •ppropriate anawer • continued)
YES NO
I. THE ACCUSED AFTEl’t HAVING BEE.N INFORMED OF HIS RIGHT TO MAKE A STATl!MENT OR ..EMAIN SILENT:
a. HE 010 NOT OEll .. C TOMA KE A ITATl:MENT
x
&. MADIE A ITATIEMl:NT APPllNDILO Hll.. li:TO (lrahlblt ).
c.
THI: c1..CUM8TANC•• 01″ THll TAKING 01″ ANY CONl”l:lllON O” ADMllllON OP’ ACCUllEO w….. INQUl..IED INTO ev M•
AND IUCH CONP’IElatON 0 .. AOMllAION APPaAfU TOHAVa ltlEIEN OBTAINIEO IN ACCO”OANCEWITH A.. TICLI’. 81,
UNll”ORM coo• OP’ MILITA”Y JUITICIE AND/Oflll THI: BTH AMENDMENT. <“,._• •pprOfJ’Mfe, attach •lat•-nt ol ,,….
taldnf conl•••lon • •d•tl••lon •howlna clrcmn•tanc•• ol t.eldrta.)

d.
THa ACCUll:D, AP’TIE’-Bl:INCI AOVlllEO THAT Ha 010 NOT HAYI: TO MAKI: ANY ITATl:MENT WITH Rl:IPl:CT TO IT,
WAI IHOWN THI: CONl”CHION Oflt AOMllllON ANO DID NOT CONTl:IT IT Aa Bl:ING NOT IN COM•L.IANCI: WITH A”TICL.lt
••• UNll”O..M CODE OP’ MIL.ITA”Y JUITIC&. (It,,.. conl•••lon -•dm•••lc, …. cont••tfHI, •U•cll accue•d’• ••planatlon ol

th c lreume lance•.)
10. a. THEJllllE Wll911111: FllEAIONABLI: GJlllOUNDI 1″0” INQUt.. INCI INTO THE MENTAL “lllPONllBILITY OP’ THIE ACCUlllOA.T THa
TIMI: 01″ THI: ALLllGED Ol”l”K.Nla (MCM, J20b)

x
x
b. THR”C Wafla fltl:ASONABLa G ..OUNDS 1″0″ INQUl”INO INTO THC MENTAL CA•ACITY Ofl’ THa ACCUSllOA.T TH& TIM&
01″ THa INVIEITIGATION (MCll, 120<:)
Co II” GfltOUNDI 1″0″ INQUl.. Y Al TO THC ACCUIED’S MENTAL CONDITION •Xt&TI, ITAT• .. l:AIONI THC,.lll”O” ANO
ACTION TAKIEN

x
1t. ALL ESSENTIAl. WITNESSES WILL BE AVAILABLE IN THE EVENT OF TRIAL. (II any ••••ntlal trltn•••(••) will not be eo
•Y•ll•bl•, llet ne0te, addr•••· ,….on I« nonaY•lt.blllty, and recoour..nct.tlon, II eny, ,..,..,,.., • d•poeltlon allouhl be mbn, Ll•I
••tm..ted dat• ol ••P#•tlott and/or tranefer, II JMl’lln•nl and •P•lt.ble)

x
U. EXPLANATORY OR EXTENUATING CIRCUMSTANCES ARE SUBMITTED HEREWITH.
x
II. a. I HA.VIE INVll:ITIGATIED ANO P’IND__2_ P .. ll:VIOUI CONVICTIONtSI 01″ OP’P’CNllll COt,ieMITTll:D WITHIN THI: llX Y•A”a
Hll:XT •fltll:CCDINQ THIE COMMllllON 01″ AN OP’l”CNll. WITH WHICH TH& ACCUl&D IS NOW CHAfltlll&O (llCM, IHI.
(Ro•.) par 151>(2))

x
t•. IN AIUUVING AT MY CONCL.USIONS I HA~ CONSIDUll!D NOT ONL.Y THI! NATUIU 01′ THI! Ol’l’ENSl!(SJ AND THE EVI
DENCE IN TH! CASE, BUT I HAVE L.IKl!WISE CONSIDERED THE AGE 01′ T”E ACCUSED. HIS MIL.ITAftY Sl!ftVICE, AND
THE !STABL.ISHED POL.ICY THAT TRIAL. BY G!NEftAL. COURT•MARTIAL. WIL.L. B! ftl!SotlT!D TO ONL.Y WHEN THE

x
CHAftGt:S CAN BE DISPOSED 01′ IN NO OTHER MANNER CONSISTENT WITH MIL.ITAftY DISCIPL.IN!.
ti. THE CHAftGt:S AND SPt:Cll’ICATIO~I AR! IN PiiiOPEft l’OflM AND TH! MATTERS CONTAINED THEftEIN AftE TftUE, TO
THI! •EST OP’ MY KNOWLEDGE ANO BELIEF’• (II th.,.• ….,. I• “NO” eap..ln and lndlc.ete rec.-.ndecf .oflon en additional

x
·-Ii
x
••• ANY INCL.OSUftl!I ftECEIVl!D BY ME WITH THE CHAftGt:I AND NOT L.ISTED A•OVE Al AN EXHIBIT AftE Sl!CUftEL.Y
l’ASTENED TOGl!THl!ft AND APPENDED HIEftlETO Al ONE EXHIBIT (•dtlbll If no oucll ln•loo-…,. ,_.,..,,

ch•clc “NO”.)
17. (CMclc •Pfll’oprlate boa ONLF It ,,.,_,I• …c~)
TftlAL. BY IX’1 GENIEftAL. n SPECIAL. nsuMMAftY

appendix VIII- cont.
VIIl-3
This file was received by me at 1300 hours 2 August 1970. The delay in completing my investigation was occasioned as follows: I informed the requested defense counsel, Captain Howard, late in the afternoon of 2 August 1970 that he had been made available and that I would conduct the investigation beginning at 1300 hours 3 August 1970. Captain Howard requested that I delay the investigation until 1000 hours 4 August 1970 because he desired to talk to the civilian witnesses before the .investigation. He further stated he would be unable to talk to these witnesses until the afternoon of 3 August 1970 because of his other assigned duties. I granted the defense counsel’s request. Ref. item 7b. AR 711-140, 20 March 1968, as changed shows that the stock number of a pistol, caliber .45, Model M 1911Al is 1005-673-7965. The value of this stock number item is $57.00. This publication was shown to the accused but is not appended hereto because it is t~o bulky. \ All inclosures to the basic communication have been withdrawn and are aow attached to this report as exhibits as indicated: Incl 1 -Ex 1 Incl 2 -part of Ex 9 Incl 3 -Ex 8 Incl 4 -part of Ex 9 I have considered as part of my investigation and am attaching to this report the unsworn statement of Miss Lillian Russell, 1001 Jay Street, Smithville, Missouri (Exhibit 10). Before considering this statement, I explained to the accused that I could not consider this statement without his consent. The accused though counsel stated that he wished me to consider this unsworn statement, even though Miss Russell was not called as a witness.
19•. 1 HAVE NO PREVIOUS CONNECTION WITH THIS CASE OR ANY CLOSEL.Y RELATED CASE. (11 •P’ ConlM’ctlon I• tndloeled, altiKlll a lull ozpl.,,•tlon.) I AM NOT AWARE 01′ ANY Rl!ASONS WHICH WOULD DISQUALll’Y ME !’ROM ACTING AS INVESTIGATING Ol’l’ICllR. (It ——.nn• —-· tn •Tie -u–L • •t•feMeftl ’11/Vl”.d II…. d•l•ll•-\
TYPED NAMI!, GRADE, AND ORGANIZATION 0,. INVUTIGATING 0,.l’ICER SAMUELE. PRYOR, Captain, B Co. 1st Bn, 7lst Inf, 20th Inf Div, Fort Blank, Missouri signature

4 u
VIIl-4
13 March 1973 C 1, DA Pam 27-17
*The proponent agency of this pamphlet is the office of The Judge Advocate General. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications) to HODA !DAJA-MJl WASH DC 2031 O.
By Order of the Secretary of the Army:
CREIGHTON ,V. ABRAMS,
General, United States A1·niy,
Official: Chief of Staff.
VER.XE L. BOWERS,
Majo1• Gene1’al, United States Anny,
The Adjutant General.

Distribution: To be distributed in accordance with DA Form 12-9 requirements for AR,
Legal Serdces: ActiYc Army: A ((~TY RQR Block #50) NG: B (QTY RQR Block #51)
USAR: A (QTYRQRB1ock#50)
TAGO 448A t. U. S, GOVERNMENT PRINTING OFFICE: 1974 0 -540-812(7627A)

Intel interrrogation Sept-1992

INTELLIGENCE
INTERROGATION

HEADQUARTERS, DEPARTMENT OF THE ARMY
magoniioraty (ANR-PL) ARN: Military DocumentsSection Room 1A518, Pentagon Washington, DC 20310-6050
DISTRIBUTION RESTRICTION: Approved for public release; distribution Is unlimited.
*FM34-52
FIELD MANUAL 34-52 Headquarters Department of the Anny Washington. DC. 28 September 1992
INTELLIGENCE INTERROGATION
Table of Contents
Page
PREFACE ………………………………………………..iv

CHAPTER 1 .MILITARY INTELLIGENCE MISSIONS AND ……………………1.1
INTELLIGENCE PREPARATION OF THE BATTLEFIELD
Warfighting Doctrine …………………………………1.1
The Intelligence Cycle …………………………………1.1
Intelligence Disciplines ………………………………..1.2
Intelligence and Electronic Warfare Operations ……………………1-3
Mission. Enemy. Troops. Terrain. and Time Available Factors ……………1-5
Definition of Interrogation ………………………………1.6
Definition of Prisoner of War and Enemy Prisoner of War ………………1.9
Pertinent Articles of Geneva Conventions ………………………1.10
Types of Sources ……………………………………1.10
Personal Qualities …………………………………..1.12
Special Areas of Knowledge ……………………………..1.14
Interrogator Capabilities and Limitations ……………………….1-15
Conflicts ………………………………………..1.16
Interrogation Missions ………………………………..1.17
Drug and Law Enforcement Agency Operations ……………………1.17

CHAPTER 2 .COMPOSITION AND STRUCTURE …………………………2.1
Tactical Operations Center ………………………………2.1
Interrogation Below Division ……………………………..2.2
Division Interrogation Assets ……………………………..2.3
Corps Interrogation Assets and Organization …………………….2.6
Echelons Above Corps Interrogation Assets and Organization ……………2.7
Enemy Prisoner of War and Interrogation Facilities …………………2.9

DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited .
*This publication supersedes FM 34.52. 8 May 1987.
Page
Corps Facilities …………………………………….2.10
Echelons Above Corps Facilities ……………………………2.12
Medical Company Interrogations …………………………..2.12
Interrogation at Brigade and Below ………………………….2.12
Special Forces ……………………………………..2.14
Amphibious Operations ………………………………..2.14
Airborne Operations ………………………………… 2.15
Interrogator Supported Operations ………………………….2.18
Theater Interrogation Facility …………………………….2.22
Support Relationships …………………………………2.24

CHAPTER 3 .THE INTERROGATION PROCESS ………………………….3.1
Collection Priority ………………………………….. 3.1
Screening ……………………………………….3.2
Planning and Preparation ……………………………….3.7
Approach Phase ……………………………………3.10
Questioning Phase ………………………………….. 3.20
Termination Phase …………………………………..3.26
Reporting Information ……………….. ;……………..3.28
Interrogation with an Interpreter …………………………..3.29
Strategic Interrogations and Debriefings ……………………….3.31

CHAPTER 4 .PROCESSING AND EXPLOITING CAPTURED ENEMY ………………4.1
DOCUMENTS
Document Categories ………………………………… 4.2
Document Handling ………………………………….4.4
Document Exploitation ………………………………..4.7
Translating ……………………………………… 4.9
Evacuation Procedures ……………………………….. 4.12

APPENDIX A .UNIFORM CODE OF MILITARY JUSTICE EXTRACT ……………..A-1

APPENDIX B .QUESTIONING GUIDES ………………………………B-1

APPENDIX C .S2 TACTICAL QUESTIONING GUIDE AND BATTLEFIELD EXPLOITATION ..C-1 OF CAPTURED ENEMY DOCUMENTS AND EQUIPMENT APPENDIX D .PROTECTED PERSONS RIGHTS VERSUS SECURITY NEEDS …………D-1 APPENDIX E .REPORTS ……………………………………….E-1
APPENDIX F.COMMAND LANGUAGE PROGRAM ……………………….F-1

APPENDIX G .INDIVIDUAL AND COLLECTIVE TRAINING ………………….G-1

Page GLOSSARY …………………………………………… Glossary-1 REFERENCES ……………………………………….. References-1 INDEX ………………………………………………. Index-1
Preface
Preface – cont.
Chapter 1
Chapter 1 – cont.
Chapter 1 – cont.
Figure 1-2. Intelligence cycle using IPB.
SITUATION DEVELOPMENT
Situation development confirms or denies the enemy COAs predicted in IPB. It confirms predicted centers of gravity and decisive points and identifies enemy strengths and vulnerabilities. This enables the com- mander to make timely decisions and effectively apply his combat power.
TARGET DEVELOPMENT AND TARGET
ACQUISITION

Target development and target acquisition provide targets and targeting data for attacks by fire, maneuver, and electronic means. They identify and locate those targets that will have the greatest impact on the campaign’s decisive engagements. These include deep operational reserves, strategic and operational level command, control, and communications (c3) nodes, key lines of communication, and air and naval staging facilities throughout the enemy’s depth that contribute to his combat potential.
At the tactical level, they address those HVTs that directly contribute to the application of combat power at decisive points on the battlefield.
BAlTLE DAMAGE ASSESSMENT (BDA)
BDA provides the commander with the effect of friendly operations on the enemy. It focuses on the enemy’s remaining military capabilities and potential. At the operational level, it also considers the campaign’s effects on the enemy’s economy and opera- tional infrastructure as well as his military force struc- ture.
BDA is focused on providing effects of particular strikes and attacks, or a series of them. BDA is per- formed by the same collection assets used to satisfy the commander’s intelligence and targeting priorities; therefore, BDA cannot be performed continuously without degradation of other capabilities, such as situa- tion development and targeting. The commander must prioritize the BDA effort, identifying what he must know and when he must know it, just as he does for his PIR and targeting priorities.
FORCE PROTECTION
Force protection identifies friendly vulnerabilities and the enemy’s efforts to exploit them. At the opera- tional level, it includes the early identification of sig- nificant improvements in weapon lethality, the introduction of weapons of mass destruction into the conflict, or the commitment of terrorist or other uncon- ventional forces into friendly rear areas.
Force protection goes beyond countering enemy in- telligence and includes the protection of all forces that contribute to our combat power. At the tactical level, it emphasizes measures to counter the enemy’s intel-ligence collection capabilities and to protect the force from enemy action.
MISSION, ENEMY, TROOPS, TERRAIN,AND TIME AVAILABLE FACTORS

The MElT-T factors are important to the com-mander when planning interrogation operations. MElT-T determines how the commander will use inter- rogation assets. The effect of ME=-T on interrogation missions is discussed below.
MISSION SUPPORT
The supported force’s mission bears directly on how the interrogation element will be employed. In cordon and search operations, commanders may determine in- terrogators are best suited to screen the populace in order to identify insurgents and their supporters. In counter-drug operations, commanders may use inter- rogators to exploit documents and to train US and foreign agents in interrogation techniques. In all con- flicts, the focus will be on EPW interrogation and CED exploitation.
The mission influences interrogation operations in other ways. For example, if the force’s mission is offen- sive, interrogation elements must be highly mobile, with secure communications to the supported G2 or S2. They must be constantly prepared to move forward with the element they are supporting. This limits time avail- able for exploitation and dissemination.
On the other hand, if the mission is defensive, inter- rogation elements have more time to exploit individual sources. They may also have more flexibility to exploit EPWs or detainees and CEDs, to fulfill the commander’s intent to construct operational graphics.
Collection requirements vary according to echelon. Strategic echelon requirements reflect the wide scope of interest of the theater and national command authority (NCA); whereas, tactical PIR and IR–and resultant SIR–reflect the immediate, more narrowly focused in- telligence interest of the maneuver commander.
ENEMY
The enemy, and our knowledge of the enemy, can in- fluence interrogator assignments and the complexity of the exploitation process. One factor which affects inter- rogation operations is the type of opposing enemy force. The techniques and procedures used to collect from in- surgents in a LIC may differ from those used to collect from regular enemy forces in a MIC to HIC.
For example, an EPW from a regular forces unit may have undergone political indoctrination, but his com- mitment to his unit may not be as strong as that of the insurgent who is passionately committed to an ideal. Thus, interrogators may have more difficulty persuading the insurgent to talk.
Another factor affecting interrogation operations is our current intelligence holdings on the enemy force and the interrogator’s understanding of the threat. Our intelligence holdings on the composition of a newly formed insurgent organization usually will not be as complete as holdings on the composition of a regular enemy force. Thus, the focus of interrogation efforts in the early stages of a LIC may be on enemy force com- position; whereas, the focus in a MIC or HIC may be on enemv force missions or intentions.
Cultural aspects also affect interrogation missions. The employment of some basic interrogation techniques will differ based on the ethnic and cultural background of the enemy, and our failure to understand and adapt to this could ham~er the collection effort.
TROOPS
The number, experience level, and language proficiency of interrogators affect the tactical employ- ment of interrogation elements. Due to the limited number of interrogators at any echelon, interrogation element commanders have to pick from available inter- rogators. They must manage personnel to ensure the most experienced are used to the best advantage (for ex- ample, to exploit complex enemy documents) and select EPWs most likely to answer SIR.
Interrogation element commanders often have to contend with a mismatch between language-qualified personnel assigned to the unit and languages needed to perform the mission. They overcome the mismatch by acquiring local national (LN) interpreter support through the Assistant Chief of Staff, G1 (Personnel). They can also augment their interrogators by requesting other available linguists within the supported command to serve as interpreters:
Another troop-related factor which affects interroga- tion operations is the training of all soldiers on EPW handling and evacuation. EPW treatment during the early stages of capture is critical to the success of sub- sequent interrogations. The availability of military police (MP) support at brigade and above can enhance interrogation activities. Interrogation operations are more effective in a controlled environment where EPWs are adequately guarded.
TERRAIN
Terrain and weather are relevant to interrogator operations an& affect site deployments, communica- tions, and mobility. MP must ensure proper shelter and security for the EPW facility if it is collocated or imme- diately adjacent to the EPW collecting point or intern- ment facility.
TIME AVAILABLE
Information collected through interrogation opera- tions is valuable only if it is reported in a timely manner. Exploitation procedures may need to be adjusted to make the most use of time available. At the tactical level, interrogations will be brief, PIR driven, and reported in concise formats such as size, activity, loca- tion, unit, time, equipment (SALUTE).
At the operational and strategic levels, time will generally allow for a more expanded interrogation effort and flexible reporting format, such as the intelligence information report (IIR).
The challenge is for interrogators to be proficient lin- guists and skilled members of a highly organized collec- tion activity. This ensures the acquisition of the maximum amount of pertinent information regardless of time available.
Like other intelligence assets, interrogators must serve the commander. Interrogation operations are of no value unless they contribute to the accomplishment of the supported commander’s mission. To understand the interrogator’s role in mission accomplishment, one must understand the interrogation process.

DEFINITION OF INTERROGATION
Interrogation is the process of questioning a source to The goal of any interrogation is to obtain reliable infor- obtain the maximum amount of usable information. mation in a lawful manner, in a minimum amount of
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 1 – cont.
Chapter 2
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
ORGANIZATION (AIRBORNE OR AIR ASSAULT ORGANIZATION (ACR AND SEPARATE BRIGADE)
DIVISION) In an ACR or separate brigade, interrogators are as-
In an airborne Or air assault division, inter-signed to the operations support platoon of the MI rogators are assigned to the I&S Company, MI company. Figure 2-4 shows this organization. Battalion. Figure 2-3shows this structure.
Figure 2-3. I&S Company, MI Battalion, Airborne or Air Assault Division.
Figure 2-4. MI Company Operations Support Platoon for ACR and Separate Brigade.
SPECIAL FORCES GROUP Interrogation teams may be combined with the CI sec- a special Group (Airborne) (SFGA), inter-tion when not conducting interrogation operations.
rogators are assigned to the Military Intelligence Detachment (MID). Figure 2-5 shows this structure.
LEGEND: * ASPS and CMO sections are consolidated on TOE. * * All SlGlNT MOSS are consolidated under the ASPS per the 31 803L000 TOE.
Figure 2-5. Organization, MI Detachment, Support Company, Special Forces Group.

CORPS INTERROGATION ASSETS AND ORGANIZATION
At corps, interrogators are assigned to the MI Bat-of a company headquarters, IPW and CI operation sec- talion (Tactical Exploitation) (TE). Figure 2-6 shows tions, CI and interrogation platoons, and a maintenance this structure. The CI interrogation company consists section.
Figure 2-6. MI Battalion (TE).
The CI platoon has nine teams and the interrogation platoon normally has eight teams. Interrogators can be hlaced in a DS role to divisions to augment division in- terrogation assets.
The corps also has a Reserve Components (RC) MI Battalion (TE), which has a subordinate CI in- terrogation comp a ny . Figure 2-7 shows this s t r u c t u r e.
There are also linguist battalions which augment and support Active Component (AC) units in time of hos- tilities.
Figure 2-7. RC MI Battalion (TE) Corps.

ECHELONS ABOVE CORPS INTERROGATION ASSETS AND ORGANIZATION
The MI Battalion (Collection and Exploitation headquarters company (HHC), MI Company (CI), and [C&E]),as shown at Figure 2-8, has a headquarters and MI Company (Interrogation and Exploitation) [I&E]).
Figure 2-8. MI Battalion (C&E), MI Brigade (EAC).
The MI Battalion (ME), as shown at Figure 2-9, has an HHC and three MI companies (ME), of which one is GS. 7b0 MI companies-(ME) (INTG) operate the theater, joint, or combined interrogation facilities, while the (GS) is for OSto and below (ECB).
The MI Company (Interrogation) of the MI Battalion (C&E) and (I&E), as shown at Figure 2-10, has a com- pany headquarters, operations section, communications section, food service section, and an I&E platoon, con- sisting of two sections.
The MI company (ME) (GS), MI Battalion (ME), has a headquarters section, an operations section, and three interrogation platoons, each with a platoon head- quarters and eight sections. Figure 2-11 shows this structure.
Figure 2-9. MI Battalion (I&E), MI Brigade (EAC).
Figure 2-10. MI Company (INTG),MI Battalion (C&E) and (I&E).
Figure 2-11. MI Company (ME) (GS), MI Battalion (ME).
ENEMY PRISONER OF WAR AND INTERROGATION FACILITIES

There are significant differences in EPW and inter- rogation facilities at each echelon; this is due to the numbers of EPWs, the missions of the various echelons, and the size of the interrogation elements.
EVACUATION AND GUARDING EPW
Initially, the capturing unit is responsible for evacuat- ing and guarding EPWs. In brigade-size operations, battalions evacuate prisoners to brigade collecting points as the situation permits. In most cases, EPWs are evacuated rapidly using backhaul transportation from brigade collecting points to departure areas be- cause they require food and guards, both of which are in short supply at brigade. EPW collecting points should be located close to supply routes to speed evacuation.
BRIGADE AND LOWER ECHELONS
At brigade level, EPWs can be detained in open fields, courtyards, gardens, jungle clearings, or similar sites if they are hidden from enemy observation. If necessary, these areas can be enclosed with barbed wire for more efficient EPW handling. Because EPWs sel- dom remain at a forward collecting point for more than a few hours, EPWs are not usually kept in a building or other shelter.
Interrogation facilities at battalion and brigade are kept to a minimum. Brigade interrogation personnel should be located adjacent to the brigade forward EPW collecting point in the BSA. The collecting point
should be out of sight and sound of other BSA activities. It should be close to normal evacuation routes.
The distance between the collecting point and CP is important. When possible, the collecting point and in- terrogation site should be within walking distance or a few minute’s driving distance of the CP.
Interrogators with battalions or brigades should have vehicles equipped with radios for rapid communication with their respective intelligence officers and other in- telligence agencies.
DIVISION FACILITIES
The principal EPW tactical interrogation takes place at division. While the procedure is similar to that used at brigade, the interrogation scope is broader.
Previous interrogation reports received from brigade are reviewed. This information is expanded by further interrogations for tactical information to include all OB elements.
The interrogators at division level will prepare and disseminate summary interrogation reports. As dictated by the tactical situation, the interrogation facility at division may be augmented by corps interrogation per- sonnel-
The division’s central EPW collecting point is operated by division Mp under the supervision of the division provost marshal. The interrogation section should be located immediately adjacent to the division’s
central EPW collecting point, normally along the main supply route (MSR) within or near the division support command (DISCOM).
The distance between the interrogation facility and G2 section (rear) is not as critical as at brigade level. Personal liaison between the interrogation and intel- ligence sections, although important, may not be re- quired as frequently as at brigade.
At division, the G2 directs interrogation section col- lection efforts in conjunction with the CM&D section and the MI battalion commander, who serves as one of his principal assistants.
Compared to brigade facilities, division interrogation facilities are expanded. This is because the division in- terrogation section handles and interrogates more cap- tured personnel, and interrogations are conducted in greater detail. When practicable, interrogations at division should be conducted in improvised interroga- tion rooms in buildings adjacent to the division collect- ing point. If possible, separate rooms should be available to permit several interrogations at once.

CORPS FACILITIES

The corps EPW holding area is established and operated by MP under the supervision of the corps provost marshal. The Corps Interrogation Facility (CIF) will usually be a more permanent type facility than at echelons below corps. It should consist of operations and interrogation areas with separate, enclosed interrogation booths or rooms. If possible, there should be a separate DOCEX area. Figure 2-12 shows a sample CIF.
Figure 2-12. Sample Corps Interrogation facility (CIF).
2-10
Chapter 2 – cont.
Chapter 2 – cont.
ported battalion S2. This will ensure interrogators are fully oriented to the battalion’s collection mission.
In other instances, interrogators may be placed at brigade in an “on-calln status, from which they can proceed to any of the subordinate battalions as cir- cumstances warrant. Upon completion of a low-level, immediate-type interrogation, they can return to brigade and again become available for immediate employment.
Commanders and S2s below brigade level who are un- able to obtain interrogator support from higher echelons should include provisions in unit and staff standing operating procedures (SOPS) for the “tactical questioning” (not interrogation) of EPWs or detainees. They should identify assigned personnel for language capability.
Interrogation personnel should provide training in the area of tactical questioning to designated S2 person- nel. The potential for abuse of the EPW is greatest at the initial capture and tactical questioning phase. With the excitement and stress of the battlefield, it may be- come easy for unskilled personnel to resort to illegal techniques to elicit critical information.
Your instruction must stress the importance of the proper treatment of EPWs. Emphasize that the abuse of an EPW at the initial stage of contact often renders future interrogation futile.
If you are engaged in, or supervising the tactical ques- tioning of EPWs, you are responsible for ensuring that EPWs are treated in accordance with the requirements of international and US law. Any tactical questioning conducted must be in response to the supported commander’s PIR. Appendix C discusses S2 tactical questioning.
At this level the brigade S2 must maintain secure communication with interrogation personnel to ensure requirements are answered. Except under extreme weather conditions, and MP availability, it is not neces- sary to keep EPWs within the confines of a building or other shelter at battalion level since they will not remain for more than a few hours before being evacuated.
The capturing unit escorts or transports EPWs or detainees to the nearest collecting point, and turns them over to the MP. Interrogators in DS of the brigade will screen and categorize all EPWs or detainees, question them, and report information obtained in response to brigade PIR, IR, and SIR. They will do this under time constraints, as all EPWs or detainees must be evacuated without delay.
In spite of the temporary nature of the forward EPW collecting point, interrogators should maintain enough space between the collecting point and the interrogation site to ensure the privacy of interrogations. EPWs or detainees should not be able to observe or hear inter- rogations in progress.
INTERROGATIONS IN OTHER OPERATIONS
The functions and basic operational techniques employed by the interrogation element attached to the infantry division apply to interrogation elements sup- porting armored, amphibious, and airborne operations in any terrain or climate.
Differences arise primarily in the planning stages and interrogation objectives. These differences normally result from the inherent characteristics of each type of unit and terrain and climate involved.
For example, the interrogator engaging in airborne and amphibious operations will be dependent upon in- telligence support from higher agencies during the plan- ning stage. This is necessary because the unit does not have actual contact with the enemy until a specific operation begins.
Once H-hour arrives, the interrogator will be faced with a rapidly developing and changing tactical situa- tion. At this time, the degree of success correlates to the preparations made during the planning stage.
Consequently, the interrogator must make a con-certed effort to learn everything possible about the ob- jective area-terrain, enemy, and weather-and relate these factors to the mission of the unit supported. Only by taking these steps will the interrogator be able to en- sure success, and be prepared to begin interrogations as soon as possible after contact with the enemy is estab- lished. Interrogation objectives depend upon the mis- sion assigned and type of unit supported.
Chapter 2 – cont.
Chapter 2 – cont.
one brigade, there must be corps augmentation. FM 71-101describes air assault operations.
Security of aircraft enroute to landing zones (LZs) is a major concern. Friendly aircraft and air defense sup- port must ensure air routes are free of enemy aircraft and air defense systems.
When remotely monitored battlefield sensor systems (REMBASS) are available, friendly ground assets emplace REMBASS along likely enemy ground ap- proach routes in the LZ to detect and report ground movement. Ground surveillance radar (GSR) is employed to warn of enemy movement on friendly flanks.
Air assault operations require extensive HUMINT support in operation planning. CI analysis is critical to ensure OPSEC measures are taken to prevent divulging critical information, such as-
8 Date and time of operation.
8 Size of force to be employed.
8 Air routes to and from planned LZs.
8 Planned LZ locations.
CI must also support staging area actions to prevent espionage, sabotage, and acts of terrorism which could adversely affect the operation.
Interrogation is a primary source of information for air assault operations IPB. Interrogation support of ini- tial stages of the operation may be critical to its success.
The assault force commander needs immediate and current enemy intelligence. Lack of immediate ques- tioning of EPWs captured in securing the LZs or in fol- low-up actions may cause failure of the operation.
Planners must consider the difficulty in getting EPWs back to a support area during the early stages of an air assault operation. Interrogators should support the air assault elements as soon as possible. This may mean an interrogation team is included in the air assault force to operate at a forward EPW collecting point established in the vicinity of the LZ.
Normally, one interrogation team should support each air assault battalion during the assault phase. If the air assault battalion is using more than one LZ, the team may be split to support each LZ.
After assault units have established a ground link-up, some or all of the interrogators may be returned to the echelon of command from which they were detached.
Interrogators supporting the early stages of an air as- sault operation must be provided with the SIR, which are critical to the operation’s success. Interrogators must plan ahead on how to question EPWs to satisfy immediate collection requirements.
ARMORED AND MECHANIZED JNFANTRY
OPERATIONS

Armored units normally operate on extensive fronts, with deep zones of action and dispersed formations. Be- cause of the mobility and wide range of action of ar- mored units, interrogation normally is not as detailed as in other divisions. Interrogators must remain mobile, operate with minimum facilities, and be alert for sudden changes in the tactical situation.
Planning and Operation
With a few exceptions, the planning and preparation necessary for interrogators supporting armored units is the same as for those supporting regular infantry units. Since radio is the normal means of communication, all interrogation team members must be familiar with voice radio procedures and know how to operate radio equip- ment common to armored units.
Interrogator Employment
Interrogator personnel who support armored or mechanized units will come under OPCON of the 52, G2, or S2 of the supported unit. Interrogators at all levels of armored or mechanized units must be able to operate during fluid situations, and remain mobile at all times. Because of this mobility, liaison with the 52, G2, or S2 will not be as frequent as in other units.
Interrogators must operate with maximum efficiency on the basis of radio communications, messages, and written reports. As in other type units, interrogation personnel remain OPCON to the G2 until operations begin. At that time, the division MI battalion will at- tach interrogation personnel to subordinate units. After an operation is completed, interrogation person- nel will revert to division control, pending a future mis- sion.
Normally, interrogations within armored units will be limited to interrogating EPWs for location and deploy- ment of antitank weapons and defenses, enemy roadblocks, and presence of enemy armor. In fast
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 3
Chapter 3 – cont.
DETAINEE PERSONNEL RECORD
For us0 of thl8 form. uAR 1808.the proponant agency Is OOZSPER.
PART I-TO BE COMPLETED AT TIME OF MOCESSINC
See Item 28.
26 WON
36. REMARKS None. 37. PUOTO
PHOTO (Front Vkw) PHOTO (Rllhl PmlUr)
38. PREPARED BY Ilndiuldual and unit) SFC D.C. SMITH, 17th MP Co. Lg DATE PREPAAEO 41. PLACE 8 Oct 99 ’29thINF DIV REAR INTERNMENT FACILITY 39. SIGNA DA FORM 4237.R. Aug 85 EDITION OF MAV 81 IS OBSOLETE n d A A
Figure 3-1. DA Form 4237-R (Detainee Personnel Record) (front).

FM 34-52
h
A-
PART I1 -TO RE MAINTAINFD BY UNIT HAVINC CUSTnDV
.-
41. LASl NAME D FIRS1 NAMES
CH’OE HNN-SIK
43. INTERNMENT SERIAL NUMBER
US-1501-23176

44. MEDICAL RECORD
r. IMMUNIZATION IVacclnollonr and lnnoculal~on. with D~IPSJ
Smallpox -15 APR 98
b. MAJOR ILLNESSES AN0 PHYSICAL DEFECTS (Wlth IJafrrJ c. BLOOD GFIOUP
NONE. B POS

45. INTERNMENT EMPLOYMENT (IUALIFICATIDNS

FARMER

46. SERIOUS OFFENSES. PUNISHMENTS. AND ESCAPES (Wtth Uafrrl

NONE.

40. FINANCLAL STATUS AT TIME OF “HST INTERNATIONAL TRANSFER I. CERTIFICATE OF CREDIT BALANCE ISSUED TO EPW (Amount in unontr~ b AMT IN IICURES
C. LOCATION d DATC
60. FINANCIAL STATUS AT TIME OF SECOND lNTt RNATIONAL TRANSFER I. CERTIFICATE OF CREDIT BALANCE ISSUE0 TO EPW l~mount ~n ~~.orA,j b AMT IN f IGuRES
C. LOCATION -61. r. REASON REPATRIATION d DATE
b. MODE c. DATE
I?. FINANCIAL STATUS AT TIMC OF REPAiRIATION r. CERTIFICATE OF CREDIT BALANCE ISSUFD TO EPW IAma,unl ~nwords) b. AMT IN FlCURtS
c. LOCATION ‘ d DATE
RRVFYdC Of’ !IA PI)PY .?.?I R, A1.Y: Rq
Figure 3-1. DA Form 4237-R (Detainee Personnel Record) (reverse).

Chapter 3 – cont.
MP NUMBER: EVACUATION DATE:
LNAME (P): /f//dA/~ c DATE: 7h9 99
LNAME (M): A TIME: /4/7

E
FNAME: HAITHAM P PLACE: ZA lJ13956
R
s MNAME: A&%LL)H u CAP UNIT: /6/</3/4AXGT
0 SVC/ID NO: /234srb7 R CIRCUMSTANCE&: AF7&R
DOB: 24 0~7-80 E f/RE F/GH7

A
L IANGUAGES: ARAB~C~ D DOCUMENTS: &dE

MARITAL STATUS: M S W A
&)= Military c = civilian T WPNSIEQUIP: A$-47
***
STATUS: p = Paramilitary ? = Other A
BRANCH: AF @CG MC NV PHYSICAL CONDITION: SEX: @ F RNK WOUNDED: Y @M
1 FULL UNIT DSG: s 2/47 3c0 A REMARKS:
L S
S,

:DUmPSN: BUT]/aAD/sH E
MENTAL CONDITION: A JOB: R~fLGrn~hj EDUCATION= 8 YRS STATION: M INTELLIGENCE: AVG + AVG @Y SKILLS: s~ARP’H~~TER E MENTALSTATE: ~/ERI/OLLS
EXPERIENCE: ~f’f 7 flus-N
. T
SCREENER: Sfc ~~YCE
C JOB: JTUD#f I D DATE: TIME: V ORG: A COOPERATION: @(~i~h) 2 3 (low)I DUTIES: KNOWLEDGE: A (High) @ C (low)
L A
I BGW LIST: Y @ BGW CODE.
A SKILLS: dod&-SOURCE CATEGORY: A I3 @ D

N APPROACH: DI @C.j; Tdc& 7-1d&
SPECIAL HANDLING REQUIREMENT CODES:
P I R 84 I R R E M A R K S – –

Figure 3-2.Screening report format.

Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
bal and emotional ruses in applying pressure to the EPW’s or detainee’s dominant emotions.
One major advantage of this technique is it is ver- satile and allows the interrogator to use the same basic situation positively and negatively.
For example, this technique can be used on the EPW who has a great love for his unit and fellow soldiers. The interrogator may take advantage of this by telling the EPW that by providing pertinent information, he may shorten the war or battle in progress and save many of his comrades’ lives, but his refusal to talk may cause their deaths. This places the burden on the EPW or detainee and may motivate him to seek relief through cooperation.
Conversely, this technique can also be used on the EPW or detainee who hates his unit because it withdrew and left him to be captured, or who feels he was unfairly treated in his unit. In such cases, the interrogator can point out that if the EPW cooperates and specifies the unit’s location, the unit can be destroyed, thus giving the EPW an opportunity for revenge. The interrogator proceeds with this method in a very formal manner.
This approach is likely to be effective with the imma- ture and timid EPW.
Emotional Love Amroach. For the emotional love approach to be successful, the interrogator must focus on the anxiety felt by the source about the circumstan- ces in which he finds himself. The interrogator must direct the love the source feels toward the appropriate object: family, homeland, or comrades. If the inter- rogator can show the source what the source himself can do to alter or improve his situation, the approach has a chance of success.
This approach usually involves some incentive such as communication with the source’s family or a quicker end to the war to save his comrades’ lives. A good inter- rogator will usually orchestrate some futility with an emotional love approach to hasten the source’s reaching the breaking point.
Sincerity and conviction are critical in a successful at- tempt at an emotional love approach as the interrogator must show genuine concern for the source, and for the object at which the interrogator is directing the source’s emotion.
If the interrogator ascertains the source has great love for his unit and fellow soldiers, the interrogator can ef- fectively exploit the situation. This places a burden on the source and may motivate him to seek relief through cooperation with the interrogator.
Hate Approach. The emotional hate ap- proach focuses on any genuine hate, or possibly a desire for revenge, the source may feel. The interrogator must ascertain exactly what it is the source may hate so the emotion can be exploited to override the source’s ra- tional side. The source may have negative feelings about his country’s regime, immediate superiors, of- ficers in general, or fellow soldiers.
This approach is usually most effective on members of racial or religious minorities who have suffered dis- crimination in military and civilian life. If a source feels he has been treated unfairly in his unit, the interrogator can point out that, if the source cooperates and divulges the location of that unit, the unit can be destroyed, thus affording the source revenge.
By using a conspiratorial tone of voice, the inter- rogator can enhance the value of this technique. Phrases, such as “You owe them no loyalty for the way they treated you,” when used appropriately, can expedite the success of this technique.
Do not immediately begin to berate a certain facet of the source’s background or life until your assessment in- dicates the source feels a negative emotion toward it.
The emotional hate approach can be used more effec- tively by drawing out the source’s negative emotions with questions that elicit a thought-provoking response. For example, “Why do you think they allowed you to be captured?” or “Why do you think they left you to die?” Do not berate the source’s forces or homeland unless certain negative emotions surface.
Many sources may have great love for their country, but may hate the regime in control. The emotional hate approach is most effective with the immature or timid source who may have no opportunity up to this point for revenge, or never had the courage to voice his feel- ings.
Fear-Up Approach
The fear-up approach is the exploitation of a source’s preexisting fear during the period of capture and inter- rogation. The approach works best with young, inex- perienced sources, or sources who exhibit a greater than normal amount of fear or nervousness. A source’s fear may be justified or unjustified. For example, a source who has committed a war crime may justifiably fear prosecution and punishment. By contrast, a source who has been indoctrinated by enemy propaganda may un- justifiably fear that he will suffer torture or death in our hands if captured.
This approach has the greatest potential to violate the law of war. Great care must be taken to avoid threatening or coercing a source which is in violation of the GPW, Article 17.
It is critical the interrogator distinguish what the source fears in order to exploit that fear. The way in which the interrogator exploits the source’s fear depends on whether the source’s fear is justified or un- justified.
Fear-Up (Harsh). In this approach, the interrogator behaves in an overpowering manner with a loud and threatening voice. The interrogator may even feel the need to throw objects across the room to heighten the source’s implanted feelings of fear. Great care must be taken when doing this so any actions would not violate the prohibition on coercion and threats contained in the GPW, Article 17.
This technique is to convince the source he does in- deed have something to fear; that he has no option but to cooperate. A good interrogator will implant in the source’s mind that the interrogator himself is not the object to be feared, but is a possible way out of the trap.
Use the confirmation of fear only on sources whose fear is justified. During this approach, confirm to the source that he does indeed have a legitimate fear. Then convince the source that you are the source’s best or only hope in avoiding or mitigating the object of his fear, such as punishment for his crimes.
You must take great care to avoid promising actions that are not in your power to grant. For example, if the source has committed a war crime, inform the source that the crime has been reported to the appropriate authorities and that action is pending. Next inform the source that, if he cooperates and tells the truth, you will report that he cooperated and told the truth to the ap- propriate authorities. You may add that you will also report his lack of cooperation. You may not promise that the charges against him will be dismissed because you have no authority to dismiss the charges.
Fear-Up (u.
This approach is better suited to the strong, confident type of interrogator; there is generally no need to raise the voice or resort to heavy-handed, table-banging.
For example, capture may be a result of coin-ciden-the soldier was caught on the wrong side of the border before hostilities actually commenced (he was armed, he could be a terrorist)–or as a result of his actions (he surrendered contrary to his military oath and is now a traitor to his country, and his forces will take care of the disciplinary action).
The fear-up (mild) approach must be credible. It usually involves some logical incentive.
In most cases, a loud voice is not necessary. The ac- tual fear is increased by helping the source realize the unpleasant consequences the facts may cause and by presenting an alternative, which, of course, can be brought about by answering some simple questions.
The fear-up (harsh) approach is usually a dead end, and a wise interrogator may want to keep it in reserve as a trump card. After working to increase the source’s fear, it would be difficult to convince him everything will be all right if the approach is not successful.
Fear-Down Approach
This technique is nothing more than calming the source and convincing him he will be properly and humanely treated, or telling him the war for him is mer- cifully over and he need not go into combat again. When used with a soothing, calm tone of voice, this often creates rapport and usually nothing else is needed to get the source to cooperate.
While calming the source, it is a good idea to stay ini- tially with nonpertinent conversation and to avoid the subject which has caused the source’s fear. This works quickly in developing rapport and communication, as the source will readily respond to kindness.
When using this approach, it is important the inter- rogator relate to the source at his perspective level and not expect the source to come up to the interrogator’s level.
If the EPW or detainee is so frightened he has withdrawn into a shell or regressed to a less threatening state of mind, the interrogator must break through to him. The interrogator can do this by putting himself on the same physical level as the source; this may require some physical contact. As the source relaxes and begins to respond to kindness, the interrogator can begin asking pertinent questions.
This approach technique may backfire if allowed to go too far. After convincing the source he has nothing to fear, he may cease to be afraid and may feel secure
to resist the interrogator’s pertinent question. If this occurs, reverting to a harsher approach technique usually will bring the desired result quickly.
The fear-down approach works best if the source’s fear is unjustified. During this approach, take specific actions to reduce the source’s unjustified fear. For ex- ample, if the source believes that he will be abused while in your custody, make extra efforts to ensure that the source is well cared for, fed, and appropriately treated.
Once the source is convinced that he has no legitimate reason to fear you, he will be more inclined to cooperate. The interrogator is under no duty to reduce a source’s unjustified fear. The only prohibition is that the interrogator may not say or do anything that directly or indirectly communicates to the source that he will be harmed unless he provides the requested in- formation.
These applications of the fear approach may be com- bined to achieve the desired effect. For example, if a source has justified and unjustified fears, you may ini- tially reduce the source’s unfounded fears, then confirm his legitimate fears. Again, the source should be con- vinced the interrogator is his best or only hope in avoid- ing or mitigating the object of his fear.
Pride and Ego Approach
The strategy of this approach is to trick the source into revealing desired information by goading or flatter- ing him. It is effective with sources who have displayed weakness or feelings of inferiority. A real or imaginary deficiency voiced about the source, loyalty to his or- ganization, or any other feature can provide a basis for this technique.
The interrogator accuses the source of weakness or implies he is unable to do a certain thing. This type of source is also prone to excuses and reasons why he did or did not do a certain thing, often shifting the blame to others. An example is opening the interrogation with the question, “Why did you surrender so easily when you could have escaped by crossing the nearby ford in the river?”
The source is likely to provide a basis for further questions or to reveal significant intelligence informa- tion if he attempts to explain his surrender in order to vindicate himself. He may give an answer such as, “No one could cross the ford because it is mined.”
This technique can also be employed in another man- ner–by flattering the source into admitting certain in- formation in order to gain credit. For example, while interrogating a suspected saboteur, the interrogator states: “This was a smooth operation. I have seen many previous attempts fail. I bet you planned this. Who else but a clever person like you would have planned it? When did you first decide to do the job?”
This technique is especially effective with the source who has been looked down upon by his superiors. The source has the opportunity to show someone he is intel- ligent.
A problem with the pride and ego approach is it relies on trickery. The source will eventually realize he has been tricked and may refuse to cooperate further. If this occurs, the interrogator can easily move into a fear-up approach and convince the source the questions he has already answered have committed him, and it would be useless to resist further.
The interrogator can mention it will be reported to the source’s forces that he has cooperated fully with the enemy, will be considered a traitor, and has much to fear if he is returned to his forces.
This may even offer the interrogator the option to go into a love-of-family approach where the source must protect his family by preventing his forces from learning of his duplicity or collaboration. Telling the source you will not report that he talked or that he was a severe dis- cipline problem is an incentive that may enhance the ef- fectiveness of the approach.
Pride and EEO-UD A roach. This appioach is most effective on sources with little or no intelligence, or on those who have been looked down upon for a long time. It is very effective on low-ranking enlisted personnel and junior grade officers, as it allows the source to final- ly show someone he does indeed have some “brains.”
The source is constantly flattered into providing cer- tain information in order to gain credit. The inter- rogator must take care to use a flattering somewhat-in-awe tone of voice, and speak highly of the source throughout this approach. This quickly produces positive feelings on the source’s part, as he has probably been looking for this type of recognition all of his life.
The interrogator may blow things out of proportion using items from the source’s background and making them seem noteworthy or important. As everyone is eager to hear praise, the source will eventually reveal led to believe all of his forces had run out of food. If the source is hinging on cooperating, it may aid the inter- rogation effort if he is told all the other source’s have cooperated.
Chapter 3 – cont.
The futility approach must be orchestrated with other approach techniques (for example, love of comrades). A source who may want to help save his comrades’ lives may be convinced the battlefield situation is hopeless and they will die without his assistance.
The futility approach is used to paint a bleak picture for the prisoner, but it is not effective in and of itself in gaining the source’s cooperation.
We Know All
This approach may be employed in conjunction with the “file and dossier” technique (discussed below) or by itself. If used alone, the interrogator must first become thoroughly familiar with available data concerning the source. To begin the interrogation, the interrogator asks questions based on this known data. When the source hesitates, refuses to answer, or provides an incor- rect or incomplete reply, the interrogator provides the detailed answer.
When the source begins to give accurate and com- plete information, the interrogator interjects questions designed to gain the needed information. Questions to which answers are already known are also asked to test the source’s truthfulness and to maintain the deception that the information is already known. By repeating this procedure, the interrogator convinces the source that resistance is useless as everything is already known.
After gaining the source’s cooperation, the inter- rogator still tests the extent of cooperation by peri- odically using questions to which he has the answers; this is very necessary. If the interrogator does not chal- lenge the source when he is lying, the source will know everything is not known, and he has been tricked. He may then provide incorrect answers to the interrogator’s questions.
There are some inherent problems with the use of the “we know all” approach. The interrogator is required to prepare everything in detail, which is time consuming. He must commit much of the information to memory, as working from notes may show the limits of the infor- mation actually known.
File and Dossier
The file and dossier approach is used when the inter- rogator prepares a dossier containing all available infor- mation obtained from documents concerning the source or his organization. Careful arrangement of the material within the file may give the illusion it contains more data than actually there. The file may be padded with extra paper, if necessary. Index tabs with titles such as education, employment, criminal record, military ser- vice, and others are particularly effective.
The interrogator confronts the source with the dos- siers at the beginning of the interrogation and explains intelligence has provided a complete record of every sig- nificant happening in the source’s life; therefore, it would be useless to resist. The interrogator may read a few selected bits of known data to further impress the source.
If the technique is successful, the source will be in- timidated by the size of the file, conclude everything is known, and resign himself to complete cooperation. The success of this technique is largely dependent on the naivete of the source, volume of data on the subject, and skill of the interrogator in convincing the source.
Establish Your Identity
This approach is especially adaptable to interroga- tion. The interrogator insists the source has been cor- rectly identified as an infamous individual wanted by higher authorities on serious charges, and he is not the person he purports to be. In an effort to clear himself of this allegation, the source makes a genuine and detailed effort to establish or substantiate his true identity. In so doing, he may provide the interrogator with information and leads for further development.
The “establish your identity” approach was effective in Viet Nam with the Viet Cong and in OPERATIONS JUST CAUSE and DESERT STORM.
This approach can be used at tactical echelons. The interrogator must be aware if it is used in conjunction with the file and dossier approach, as it may exceed the tactical interrogator’s preparation resources.
The interrogator should initially refuse to believe the source and insist he is the criminal wanted by the am- biguous higher authorities. This will force the source to give even more detailed information about his unit in order to convince the interrogator he is who he says he is. This approach works well when combined with the “futility” or “we know all” approach.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
FM 34-52
….
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Rm-of DA Form 2662.R. May 82
REVERSE
Figure 3-6. DA Form 2662-R (United States ArmyEPW Identification Card).
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 4
Chapter 4 – cont.
EPWs OR SOURCES
Chapter 4 – cont.
Chapter 4 – cont.
Chapter 4 – cont.
Chapter 4 – cont.
UNIT: /b zfl DII/(4)

FILE RECEIVED DOCUMENT INCOMING TRANS- FORWARDING RECEIVED BY TIME AND PLACE NUMBER DTG SERIAL NUMBER MISSION NUMBER UNIT OF CAPTURE (DTG)
I
ope/ ///9/02MS-AR-/q/0./ NA 4% 80yce i/07tfzdc 123YSg9 0002 1/14/72 ~S-~’KHIAI/~dfi /sz&5&-%~ES ///3/fc%&C 654321
CAPTURING UNIT SCREENING DESCRIPTION OF DOCUMENT OUTGOING REMARKS
CATEGORY TRANSM17TAL

@///2/3 c P~USO~YAL o//.17 A~O~JS
L~T~A

A 0pu’U 0/9../3
Chapter 4 – cont.
Chapter 4 – cont.
(CLASSIFICATION)
TRANSLATION REPORT
TO: G2,23d Inf Div (MECH) DATE: 291 130ZAUG99
FROM:IPW Sec, I&S Co,231st MI Bn REPORT NUMBER: 08-0356
PART I. CONTROL DATA:
1. DOCUMENT NUMBER: US-WAIBVO-03093.

2.
DOCUMENT DESCRIPTION: Personal letter, 1page, handwritten.

3.
DOCUMENT’S ORIGINAL LANGUAGE: Russian.

4.
DATE AND TIME RECEIVED: 290510ZAUG99.

5.
DATE AND TIME OF CAPTURE: 290120ZAUG99.

6.
PLACE OF CAPTURE: vic NB146122.

7.
CAPTURING UNIT: Co.A, 2d Bn, 1st Inf Bde, 23d Inf Div.

8.
CIRCUMSTANCES OF CAPTURE: During ambush.

9.
TRANSLATOR: SGT Royce.

10.
TRANSLATION TYPE: Full.

PART 11. TRANSLATION TEXT:
My dear Serezhen’ka:
It has been a long time since I received a letter from you. How are you and where are you? The last time you wrote that fighting was going on around you all the time, and this worries me a lot. Take care of yourself. There have been many changes at home. Your mother, despite her age, had to go to work in the factory. They make tanks there, but the sign over the entrance says this is a sugar plant. I don’t know why they do this. At the school where I work, we were also told to go and work at the same plant. They are going to close the school. Everyone has to go to the front or work in the war industry. I would be more at ease if I knew you are alive and well. Please write as soon as you can.
Your KATHY.
PART 111: REMARKS: None. (CLASSIFICATION)
Figure 4-5. Sample translation report.
Chapter 4 – cont.
Chapter 4 – cont.
will be provided the source. See AR 190-8for proce- dures on handling personal effects.
Returned
Returned CEDs are usually personal in nature, taken only for inspection and information of interest, and im- mediately given back to the source. Personal documents belonging to a source will be returned to the source after examination in accordance with the GPW.Copies of such papers may be made and forwarded if considered appropriate. An identification document must be returned to the source.
RECOGNITION AND EVACUATION OF
DOCUMENTS

In a fast-moving tactical situation, it is possible docu- ments captured with sources will not be handled ex- peditiously. Final disposition of these documents may not be made until the source is evacuated at least as far as the corps holding area.
Some documents captured with a source will aid in the interrogation of the source. Others, particularly Category A, should be copied and evacuated separately.
One copy can remain with the source to aid in the inter- rogation, and the other can be translated and exploited separately.
It is essential that the capturing unit correctly identify the documents captured with the source. This is more easily done when the interrogation element, rather than the MP element, signs for the documents captured with sources.
EVACUATION OF SIGNIFICANT DOCUMENTS
To efficiently exploit CEDs and sources, documents captured with a source are normally evacuated with the source. A document of great significance may be evacuated ahead of the source, but a reproduction should be kept with the source. If reproduction is not possible, note on the captured document tag where the document was sent.
Significant documents such as Categories A and B, TECHDOCs, maps, charts, AIRDOG, and NAVDOCs are evacuated directly.
APPENDIX A
UNIFORM CODE OF MILITARY JUSTICE EXTRACT

Article 78, Accessory after the fact
Text of the offense: Any person subject to this chap- ter who, knowing that an -offense punishable by this chapter has been committed, receives, comforts, or as- sists the offender in order to hinder or prevent his ap- prehension, trial, or punishment shall be punished as a court-martial shall direct.
Article 80. Attempts
Text of the offense:
(a)
An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt’ to commit that of- fense.

(b)
Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless other- wise specifically prescribed.

(c)
Any person subject to this chapter may be con- victed of an attempt to commit an offense although it appears on the trial that the offense was consummated.

Article 81? Conspiracv
Text of the offense: Any person subject to this chap- ter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the con- spiracy, be punished as a court- martial may direct.
Article 93: Cruelty and maltreatment
Elements of the offense:
(1) That a certain person was subject to the or- ders of the accused; and
(2) That the accused was cruel toward, or op-
pressed, or maltreated that person. (The cruelty, op- pression, or maltreatment, -although not necessarily physical, must be measured by an objective standard.)
Article 118. Murder
Text of the offense: Any person subject to this chap- ter who, without justification or excuse, unlawfully kills a human being, when he-
(1)
has a premeditated design to kill;

(2)
intends to kill or inflict great bodily harm;

. . –
(3)
is engaged in an act that is inherently dangerous to others and evinces a wanton disregard of human life; or

(4)
is engaged in the perpetration or attempted perpetration of a burglary, sodomy, rape, robbery, or ag- gravated arson;

is guilty of murder, and shall suffer punishment as a court-martial shall direct, except that if found guilty under clause (1) or (4), he shall suffer death or im- prisonment for life as a court-martial may direct.
Article 119. Manslauphter
Text of the offense:
(a)
Any person subject to this chapter who, with an intent to inflict great bodily harm, unlawfully kills a human being in the heat of sudden passion caused by adequate provocation is guilty of voluntary manslaughter and shall be punished as a court-martial may direct.

(b)
Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being-

(1) by culpable negligence; or

(2)
while perpetrating or attempting to perpetrate an offense, other than those named in clause (4) of Ar-ticle 118, directly affecting the person; is guilty of in- voluntary manslaughter and shall be punished as a court-martial may direct.

Article 124, Maiming
Text of the offense: Any person subject to this chap- ter who, with intent to injure, disfigure, or disable, &-flicts upon the person of another an injury which-
(1)
seriously disfigures his person by any mutila- tion thereof;

(2)
destroys or disables any member or organ of his body; or

(3)
seriously diminishes the physical vigor by the injury of any member or organ;

is guilty of maiming and shall be punished as a court- martial may direct.
Article 127. Extortion
Text of the offense: Any person subject to this chap- ter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, or immunity is guilty of extortion and shall be punished as a court-martial may direct.
Article 128,Assatllt
Text of the offense:
(a)
Any person subject to this chapter who attempts or offers with unlawf~ll force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

(b)
Any person subject to this chapter who-

(1)
commits an assa~llt with a dangcrous weapon or other means or force likely ro produce death or grievous bodily harm; or

(2)
commits an assault and intentionally inflicts grievous bodily harm with or without a weapon;

is guilty of aggravated assault and shall be punished as a court-martial may direct.

Article 134, Homicide, negligent
Elements of the offense:
(1)
That a certain person is dead;

(2)
That this death resulted from the act or failure to act of the accused;

(3)
That the killing by the accused was unlawful;

(4)
That the act or failure to act of the accused which caused the death amounred to simple negligence; and

(5)
That, under the circumsrances, the conduct of the accused was to the prejudice of good order and dis- cipline in the armed forces or was of a nalure to bring discredit upon the armed forces.

AA
Elements of the offense:
(1)
That a certain serious offense was committed by a certain person;

(2)
That the accused knew that the said person had committed the serious offense;

(3)
That thereafter, the accused concealed the serious offense and failed to make it known to civilian or military authorities as soon as possible;

(4) That the concealing was wrongful; and

(5)
That, under the circumstances, the conduct of the accused was to the prejudice of good order and dis- cipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Article 134, Soliciting another to commit an offense
Elements of the offense:
(1)
That the accused solicited a certain person or persons to commit a certain offense under the code other than one of the four offenses named in Article 82;

(2)
That the accused did so with the intent that the offense actually be committed; and

(3)
That, under the circumstances, the conduct of the accused was to the prejudice of good order and dis- cipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Article 134, Threat? communicating
Elements of the offense:
(1)
That the accused communicated certain lan- guage expressing a present determination or intent to wrongfully injure the person, property, or reputation of another person, presently or in the future;

(2)
That the communication was made known to that person or a third person;

(3) That the communication was wrongful; and

(4)
That, under the circumstances, the conduct of the accused was to the prejudice of good order and dis- cipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Appendix B
Appendix B – cont.
Appendix B – cont.
Appendix B – cont.
Appendix B – cont.
Appendix B – cont.
Appendix B – cont.
Appendix B – cont.
Appendix B – cont.
Appendix B – cont.
FM 3452

PRIORITY INTELLIGENCE REQUIREMENTS
I. NBC WEAPONS.
1.
Are NBC weapons present in any of the brigade sectors?

2.
When will these NBC weapons be used?

3.
Where will these NBC weapons be used?

4.
How many of these NBC weapons will be used against each target?

5.
What systems will deliver these NBC weapons?

II . ENEMY A’ITACK.
1.
When will the enemy attack?

2.
Where will the enemy attack?

3.
What is the attack’s main objective?

4.
What units will conduct the attack?

5.
What is the combat effectiveness of attack units?

6.
What artillery groups, regimental or divisional, will support the attack?

7.
Where are these artillery groups located?

111. ENEMY DEFENSE.
1.Where will the enemy establish lines of defense?
2.
What enemy units have been assigned to each defensive belt?

3.
What is the combat effectiveness of the units assigned to each defensive belt?

4.
What types of antitank weapons have been assigned to each defensive belt?

5.
What obstacles have been emplaced in each defensive belt?

6.
What minefields have been emplaced in each defensive belt?

7.
What enemy units comprise the reaction force to counter friendly armor or heliborne assaults?

8.
What types of artillery are assigned to support the defense?

9.
Where is this artillery located?

IV. ENEMY RETREAT.
1.
What units will take part in the retreat?

2.
What are the current positions of the retreating units?

3.
When will each of the retreating units begin its movement?

4.
What routes will be taken by the retreating units?

5.
What units have been designated the rear guard for the retreat?

Figure B-1. Sample overall objective statement.
6.
What units have been designated the covering force for the retreat?

7.
Where will each of the retreating units establish new positions?

8.
What types of artillery have been assigned to support the retreat?

9.
What deception efforts will be made to conceal the retreat?

V . ENEMY REINFORCEMENT.
1.
What units comprise the enemy’s second echelon?

2.
What is the combat effectiveness of the units in the enemy’s second echelon?

3.
What is the direction of travel for each unit in the enemy’s second echelon?

4.
How soon will units in the enemy’s second echelon begin to enter each brigade’s AO?

5.
What units within the enemy’s first echelon will receive reinforcements of perso~elor equipment?

6.
To what extent will these units be reinforced?

7.
How soon will these reinforcements arrive?

8.
By what routes will these reinforcements arrive?

INFORMATION REQUIREMENTS
I. SUPPLY POINTS.
1.What types of ammunition is the enemy stockpiling?
2.
What are the types of POL the enemy is stockpiling?

3.
Where are these supply points located?

4.
What units are serviced by these supply points?

5.
How much materiel is currently stockpiled at these locations?

11. WLNERABILITIES.
1.
What malfunctions are occurring with the enemy’s–

a.
Weapons?

b.
Vehicles?

c.
Communications?

d.
Ammunition?

2.
What are the enemy’s major supply routes?

3.
How often are supplies transported over these routes?

4.
What transportation priority has the enemy assigned to each category of supplies?

5.
What choke points has the enemy identified along his own lines of communications?

Figure B-1. Sample overall objective statement (continued).
FM3452
I. SITUATION DEVELOPMENT.
1. Are NBC weapons present in any of the brigade sectors?
a.
Have any tracked, self-propelled rocket launchers been sighted within any of the brigade sectors?

b.
Have any small convoys been sighted traveling under unusually heavy security within any of the brigade sectors?

c.
Have light aircraft been sighted circling over convoys moving in any of the brigade sectors?

d.
Have any noncommunications emitters normally associated with NBC weapons been identified in any brigade sector?

e.
Have any installations with unusually heavy security been identified within any of the brigade sectors?

f.
Have any tall, slender objects (such as towers, chimneys, or narrow trees) suddenly appeared in any of the brigade sectors?

2. When will these NBC weapons be used?
a.
Have contingency orders been received by any enemy units in any of the brigade sectors which indicate circumstances under which NBC weapons will be used?

b.
Have code words been disseminated to alert enemy troops that NBC weapons will be used in any of the brigade sectors?

c.
What procedures are to be followed by enemy troops in any brigade sector immediately following receipt of alert codes?

d.
Have any front-line enemy troops in any brigade sector inexplicably slowed or halted their advance?

e.
Has any very heavy artillery been moved to within supporting distance of front-line enemy troops within any brigade sector?

f.
Has random firing of very heavy artillery occurred within any of the brigade sectors?

3. Where will these NBC weapons be used?
a.
Have all known enemy agents suddenly disappeared from any areas within any of the brigade sectors?

b.
Has enemy air activity suddenly increased in any areas within any of the brigade sectors?

c.
Is unusual enemy air activity taking place in any areas within any of the brigade sectors?

d.
Is smoke being used or planned for use as cover for any front-line enemy troops in any of the brigade sectors?

e.
Have specific areas within any brigade sector been identified as targets for NBC weapons?

Figure B-2.Sample overall objective statement (IEWtasks).
FM 34-52
f. Have orders been received by any enemy units in any brigade sector which indicate that NBC weapons might be used in support of their activities?
4. How many of these NBC weapons will be used against each target?
a.
How many very heavy artillery dispositions have been identified within each brigade sector?

b.
How many noncommunications emitters associated with NBC weapons have been identified within each brigade sector?

c.
How many transporter-erector-launchers(TELs) have been sighted within each brigade sector?

d.
How many enemy units within each brigade sector have been notified that NBC weapons might be used to support them?

e.
How many front-line enemy units within each brigade sector have inexplicably slowed or stopped their advance?

5. What types of systems will be used to deliver these NBC weapons?
a.
What calibers of very heavy artillery have been identified within each of the brigade sectors?

b.
What types of TELs have been identified within each brigade sector?

c.
What types of chemical agents have been identified within each brigade sector?

d.
What types of biological agents have been identified within each brigade sector?

e.
What types of noncommunications emitters have been identified within each brigade sector?

6. When will the enemy attack?
a.
Have any enemy units in any of the brigade sectors received orders to conduct assault operations?

b.
Is the enemy massing mechanized infantry units in any of the brigade sectors?

c.
Is the enemy massing armor units in any of the brigade sectors?

d.
Is the enemy massing artillery units in any of the brigade sectors?

e.
Are front-line enemy troops disposed along relatively narrow fronts in any areas within any of the brigade sectors?

f.
What rumors indicating future offensive operations are circulating within enemy units in each brigade sector?

7. Where will the enemy attack?
a.
What avenues of approach will be used by specific enemy units within each brigade sector?

b.
How many enemy units will use each avenue of approach within each brigade sector?

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
–
c.
Where are the enemy’s large concentrations of mechanized infantry units within each brigade sector?

d.
Where are the enemy’s large concentrations of armor units within each brigade sector?

e.
Where are the enemy’s large concentrations of artillery units within each brigade sector?

8. What is the attack’s main objective?
a.
What objectives have been assigned to specific enemy units in each brigade sector for their offensive operations?

b.
How many objectives have been assigned to specific enemy units in each brigade sector for their offensive operations?

c.
How many enemy units within each brigade sector have been assigned the same objectives?

9. What units have been assigned to conduct the attack?
a.
What enemy units in any of the brigade sectors have received orders to conduct assault operations?

b.
What enemy units are rumored to be preparing to conduct offensive operations within any of the brigade sectors?

c.
What enemy units have been assigned to use specific avenues of approach within each brigade sector?

d.
What specific enemy units have been assigned the same objectives within each brigade sector?

10. What is the combat effectiveness of the units assigned to conduct the attack?
a.
How many personnel are currently fit for duty within the specific enemy units assigned to conduct offensive operations in any of the brigade sectors?

b.
How many vehicles are currently operational within the specific enemy units assigned to conduct offensive operations in any of the brigade sectors?

c.
How many weapon systems are currently operational within the specific enemy units assigned to conduct offensive operations in any of the brigade sectors?

d.
What is the morale of the personnel assigned to the specific enemy units assigned to conduct offensive operations in any of the brigade sectors?

11. What artillery groups, regimental or divisional, have been assigned to support
the attack?

a.
What artillery units have been ordered to support the enemy regiments or divisions assigned to conduct offensive operations in each of the brigade sectors?

b.
What artillery assets have been identified within supporting distance of the enemy regiments or divisions assigned to conduct offensive operations?

c.
What types of noncommunications emitters associated with regimental or divisional artillery groups have been identified within each of the brigade sectors?

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
FM3452
12. Where will the enemy establish lines of defense?
a.
Where are enemy units preparing extensive field fortifications within each brigade sector?

b.
Where are enemy units establishing antitank strong points within each brigade sector?

c.
To which front-line enemy units within each brigade sector are antitank units being attached?

d.
Where are alternate artillery positions being prepared within each brigade sector?

e.
Where are obstacles being emplaced within each brigade sector?

f.
Where are mines being emplaced within each brigade sector?

13. What enemy units have been assigned to each defensive belt?
a.
What specific enemy units are preparing extensive field fortifications within each brigade sector?

b.
What specific enemy units are establishing antitank strong points within each brigade sector?

c.
What specific enemy units within each brigade sector are receiving attached antitank units?

d.
What specific enemy units within each brigade sector are preparing alternate artillery positions?

e.
What specific enemy units are emplacing obstacles within each brigade sector?

f.
What specific enemy units are emplacing mines within each brigade sector?

14. What is the combat effectiveness of the units assigned to each defensive belt?
a.
How many personnel are currently fit for duty within the specific enemy units assigned to the defensive belts in each brigade sector?

b.
How many vehicles are currently operational within the specific enemy units assigned to the defensive belts in each brigade sector?

c.
How many weapons systems are currently operational within the specific enemy units assigned to the defensive belts in each brigade sector?

d.
What is the morale of the personnel assigned to the specific enemy units assigned to the defensive belts in each brigade sector?

15. What types of antitank weapons have been assigned to each defensive belt?
a.
What types of antitank weapons are possessed by the specific enemy units assigned to the defensive belts in each brigade sector?

b.
What types of antitank units have been attached to specific enemy units assigned to the defensive belts in each brigade sector?

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
FM 34-52
16. What obstacles have been emplaced in each defensive belt?
a.
What natural obstacles have been incorporated into the defensive belts in each brigade sector?

b.
What manmade antipersonnel obstacles have been emplaced by the specific enemy units assigned to the defensive belts within each brigade sector?

c.
What manmade anti-vehicular obstacles have been emplaced by the specific enemy units assigned to the defensive belts within each brigade sector?

17. What minefields have been emplaced in each defensive belt?
a.
What types of antipersonnel mines are being emplaced by the specific enemy units assigned to the defensive belts in each brigade sector?

b.
What types of antitank mines are being emplaced by the specific enemy units assigned to the defensive belts in each brigade sector?

18. What units comprise the reaction force to counter friendly armor or heliborne assaults?
a.
What enemy units have received orders to act as the reaction force for defensive positions in each brigade sector?

b.
What enemy units are rumored to be the reaction force for defensive positions in each brigade sector?

c.
What enemy units are located behind, but in proximity to, the defensive positions in each brigade sector?

19. What types of artillery are assigned to support the defense?
a.
What enemy artillery units have received orders to support the defensive positions in each brigade sector?

b.
What enemy artillery units are rumored to be supporting the defensive positions in each brigade sector?

c.
What types of artillery have been identified within each brigade sector?

20. Where is this artillery located?
a.
What is the current location of the enemy artillery units ordered to support the defensive positions in each brigade sector?

b.
What is the current location of the enemy artillery units rumored to be supporting the defensive positions in each brigade sector?

c.
What is the current location of all artillery identified within each brigade sector?

21. What units wiU take part in the retreat?
a.
What enemy units in each brigade sector have received orders to participate in a retreat?

b.
What enemy units in each brigade sector are rumored to be participating in a retreat?

c.
What enemy units within each brigade sector are disposed along an extended front?

Figure B-2. Sample overall objective statement (IEW tasks) (continued).
FM 34-52
d.
What enemy units in each brigade sector have been notified their artillery support is moving to the rear?

e.
What enemy units in each brigade sector have been notified their logistical support is moving to the rear?

22. What are the current positions of the retreating units?
a.
What is the current location of enemy units in each brigade sector ordered to participate in a retreat?

b.
What is the current location of enemy units in each brigade sector rumored to be participating in a retreat?

c.
What is the current location of enemy units within each brigade sector disposed along an extended front?

d.
What is the current location of artillery units supporting enemy units in each brigade sector?

e.
What is the current location of logistical units supporting enemy units in each brigade sector?

23. When will each of the retreating units begin its movement?
a.
At what time have specific enemy units in each brigade sector been ordered to begin their retreat?

b.
What start times are being mentioned in rumors about the retreat of specific enemy units in each brigade sector?

24. What routes will be taken by the retreating units?
a.
What movement routes have been assigned for the retreat of specific enemy units in each brigade sector?

b.
What movement routes are being cited in rumors about the retreat of specific enemy units in each brigade sector?

c.
What movement routes are being used or planned for use during the retreat of enemy artillery units in each brigade sector?

d.
What movement routes are being used or planned for use during the retreat of enemy logistical units in each brigade sector?

25. What units have been designated the rear guard for the retreat?
a.
What specific enemy units have been ordered to act as rear guard for the retreat in each brigade sector?

b.
What specific enemy units are rumored to be rear guard for the retreat in each brigade sector?

26. What units have been designated the covering force for the retreat?
a.
What specific enemy units have been ordered to act as covering force for the retreat in each brigade sector?

b.
What specific enemy units are rumored to be covering force for the retreat in each brigade sector?

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
FM 34-52
27. Where will each of the retreating units establish new positions?
a.
Where are the new positions assigned to retreating enemy units in each brigade sector?

b.
What are the new positions being cited in rumors about the retreat of enemy units in each brigade sector?

c.
Where are the new positions assigned to retreating enemy artillery units in each brigade sector?

d.
Where are the new positions assigned to retreating enemy logistical units in each brigade sector?

28. What types of artillery have been assigned to support the retreat?
a.
What specific enemy artillery units have been assigned to support the retreat in each brigade sector?

b.
What specific enemy artillery units are rumored to be supporting the retreat in each brigade sector?

29. What deception efforts will be made to conceal the retreat?
a.
What deception efforts have been ordered in conjunction with the retreat in each brigade sector?

b.
What specific enemy units are conducting deception efforts in conjunction with the retreat in each brigade sector?

c.
What deception efforts are being cited in rumors about the retreat in each brigade sector?

d.
What enemy units are rumored to be conducting deception efforts in conjunction with the retreat in each brigade sector?

30. What units comprise the enemy’s second echelon?
a.
What specific units are known to be part of the enemy’s second echelon in each brigade sector?

b.
What specific units are rumored to be part of the enemy’s second echelon in each brigade sector?

c.
How many units comprise the enemy’s second echelon in each brigade sector?

d.
What type of units comprise the enemy’s second echelon in each brigade sector?

31. What is the combat effectiveness of the units in the enemy’s second echelon?
a.
How many personnel are currently fit for duty within the specific enemy units comprising the second echelon in each brigade sector?

b.
How many vehicles are currently operational within the specific enemy units comprising the second echelon in each brigade sector?

c.
How many weapons systems are currently operational within the specific enemy units comprising the second echelon in each brigade sector.

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
FM 34-52
d. What is the morale of the personnel assigned to the specific enemy units comprising the second echelon in each brigade sector?
32. What is the direction of travel for each unit in the enemy’s second echelon?
a.
What is the known direction of travel for units comprising the enemy’s second echelon in each brigade sector?

b.
What are the known movement routes for units comprising the enemy’s second echelon in each brigade sector?

c.
What is the rumored direction of travel for units comprising the enemy’s second echelon in each brigade sector?

d.
What are the rumored movement routes for units comprising the enemy’s second echelon in each brigade sector?

33. How soon will units in the enemy’s second echelon begin to enter each brigade’s AO?
a.
What is the current known location of units comprising the enemy’s second echelon in each brigade sector?

b.
What is the current rumored location of units comprising the enemy’s second echelon in each brigade sector?

c.
What is the known rate of travel for units comprising the enemy’s second echelon in each brigade sector?

d.
What is the rumored rate of travel for units comprising the enemy’s second echelon in each brigade sector?

34. What units within the enemy’s first echelon will receive reinforcements of personnel or equipment?
a.
What personnel or equipment replacement have been ordered for specific front-line enemy units in each brigade sector?

b.
What specific front-line enemy units in each brigade sector are rumored to be receiving personnel or equipment replacements?

35. To what extent will these units be reinforced?
a.
How many personnel replacements have been ordered for specific enemy units in each brigade sector?

b.
How many personnel are cited in the rumors concerning replacements for specific enemy units in each brigade sector?

c.
How much lost equipment has been ordered replaced in specific enemy units in each brigade sector?

d.
How much equipment is cited in the rumors concerning replacements for specific enemy units in each brigade sector?

36. How soon will these reinforcements arrive?
a. At what time will scheduled personnel replacements arrive at specific enemy units in each brigade sector?
Figure B-2.Sample overall objective statement (IEW tasks) (continued).
FM 34-52

b.
At what time will scheduled equipment replacements arrive at specific enemy units in each brigade sector?

c.
What time is cited in rumors concerning personnel replacements for specific enemy units in each brigade sector?

d.
What time is cited in rumors concerning equipment replacements for specific enemy units in each brigade sector?

37. By what routes will these reinforcements arrive?
a.
What is the current known location of personnel and equipment replacements for specific enemy units in each brigade sector?

b.
What is the current rumored location of personnel and equipment replacements for specific enemy units in each brigade sector?

c.
What are the known movement routes of personnel and equipment replacements for specific enemy units in each brigade sector?

d.
What are the rumored movement routes for personnel and equipment replacements for specific enemy units in each brigade sector?

38. What type of ammunition is the enemy stockpiling?
a.
What type of small arms ammunition is the enemy stockpiling in each brigade sector?

b.
What type of ammunition is the enemy stockpiling for crew-served weapons in each brigade sector?

c.
What type of ammunition is the enemy stockpiling for armored vehicles in each brigade sector?

d.
What type of artillery ammunition is the enemy stockpiling in each brigade sector?

39. What type of POL is the enemy stockpiling?
a.
What type of fuel is the enemy stockpiling in each brigade sector?

b.
What type of oil is the enemy stockpiling in each brigade sector?

c.
What type of lubricants is the enemy stockpiling in each brigade sector?

40. Where are these supply points located?
a.
Where are the enemy’s ammunition supply points located in each brigade sector?

b.
Where are the enemy’s POL supply points located in each brigade sector?

41. What units are se~ced by these supply points?
a.
What ammunition supply points support specific enemy units in each brigade sector?

b.
What POL supply points support specific enemy units in each brigade sector?

Figure B-2. Sample overall objective statement (IEW tasks) (continued).
42. How much material is currently stockpiled at these locations?
a.
How much ammunition is stockpiled at specific supply points in each brigade sector?

b.
How much POL are stockpiled at specific supply points in each brigade sector?

43. What malfunctions are occurring with the enemy’s weapons?
a.
What malfunctions are occurring with the enemy’s small arms in each brigade sector?

b.
What malfunctions are occurring with the enemy’s crew-served weapons in each brigade sector?

G What malfunctions are occurring with the enemy’s artillery in each brigade sector?
44. What malfunctions are occurring with the enemy’s vehicles?
a.
What malfunctions are occurring with the enemy’s tracked vehicles in each brigade sector?

b.
What malfunctions are occurring with the enemy’s wheeled vehicles in each brigade sector?

45. What malfunctions are occurring with enemy communications?
a.
What malfunctions are occurring with enemy vehicle- mounted communications equipment in each brigade sector?

b.
What malfunctions are occurring with enemy manpacked communications equipment in each brigade sector?

c.
What malfunctions are occurring with enemy pyrotechnic means of communication in each brigade sector?

46. What malfunctions are occurring with enemy ammunition?
a.
What malfunctions are occurring with enemy small arms ammunition in each brigade sector?

b.
What malfunctions are occurring with enemy artillery ammunition in each brigade sector?

c.
What malfunctions are occurring with enemy ammunition for armored vehicles in each brigade sector?

d.
What malfunctions are occurring with enemy ammunition for crew-served weapons in each brigade sector?

47. What are enemy main supply routes?
a.
What are the known movement routes used by enemy supply convoys in each brigade sector?

b.
What movement routes are rumored to be used by enemy supply convoys in each of the brigade sectors?

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
FM 34-52

c.
What is the known direction of travel for enemy supply convoys passing named areas of interest (NAIs) in each brigade sector?

d.
What direction of travel is rumored for enemy supply convoys passing NAIs in each brigade sector?

48. How often are supplies transported over these routes?
a.
How often are specific enemy units in each brigade sector resupplied?

b.
How often are enemy supply convoys sighted along established movement routes in each brigade sector?

49. What transportation priority has the enemy assigned to each category of supplies?
a.
What is the enemy’s known transportation priority for each category of suppliesin each brigade sector?

b.
What is rumored to be the enemy’s transportation priority for each category of suppliesin each brigade sector?

c.
What is the frequency with which specific enemy units in each brigade sector receive each category of supplies?

50. What choke points has the enemy identified along his own LOCs?
a.
What choke points are known to exist along the enemy’s LOCs in each brigade sector?

b.
What choke points are rumored to exist along the enemy’s LOCs in each brigade sector?

11. TARGET DEVELOPMENT AND ACQUISITION.
1. Are NBC weapons present in any of the brigade sectors?
a.
Where have tracked, self-propelled rocket launchers been sighted within any of the brigade sectors?

b.
What was the direction of travel of any small convoys sighted traveling under unusually heavy security in any of the brigade sectors?

c.
Where have light aircraft been sighted circling over convoys moving in any of the brigade sectors?

d.
Where have noncommunications emitters normally associated with NBC weapons been identified in any brigade sectors?

e.
Where have installations with unusually heavy security been identified within any of the brigade sectors?

f.
Where have tall, slender objects (such as towers, chimneys, or narrow trees) suddenly appeared in any of the brigade sectors?

2. Where will these NBC weapons be used?
a. Where has enemy air activity suddenly increased within any of the brigade sectors?
Figure B-2.Sample overall objective statement (IEWtasks) (continued).
FM 34-52
b.
Where is unusual enemy air activity taking place within any of the brigade sectors?

c.
Where is smoke being used or planned for use as cover for any front-line enemy troops in any of the brigade sectors?

d.
Where has very heavy artillery been moved to within supporting distance of front-line enemy troops within any brigade sector?

e.
Where has random fuing of very heavy artillery occurred within any of the brigade sectors?

3. Where will the enemy attack?
a.
Where are the enemy’s large concentrations of mechanized infantry units within each brigade sector?

b.
Where are the enemy’s large concentrations of armor units within each brigade sector?

c.
Where are the enemy’s large concentrations of artillery units within each brigade sector?

4. What artillery groups, regimental or divisional, have been assigned to support the attack?
a.
What artillery units have been ordered to support the enemy regiments or divisions assigned to conduct offensive operations in each of the brigade sectors?

b.
How many artillery dispositions have been identified within supporting distance of the enemy regiments or divisions assigned to conduct offensive operations?

5. Where willthe enemy establish lines of defense?
a.
Where are enemy units preparing extensive field fortifications within each brigade sector?

b.
Where are enemy units establishing antitank strong points within each brigade sector?

c.
Where are alternate artillery positions being prepared within each brigade sector?

d.
Where are obstacles being emplaced within each brigade sector?

e.
Where are mines being emplaced within each brigade sector?

6. What units comprise the reaction force to counter friendly armor or heliborne assaults?
a.
What is the location of the enemy units ordered to act as the reaction force for defensive positions in each brigade sector?

b.
What is the location of the enemy units rumored to be the reaction force for defensive positions in each brigade sector?

7. What is the location of artillery units assigned to support the enemy’s defense?
a. What is the current location of the enemy artillery units ordered to support the defensive positions in each brigade sector?
Figure B-2.Sample overall objective statement (IEW tasks) (continued).
b. What is the current location of the enemy artillery units rumored to be supporting the defensive positions in each brigade sector?
8. What are the current positions of retreating enemy units?
a.
What is the current location of enemy units in each brigade sector that have been ordered to participate in a retreat?

b.
What is the current location of enemy units in each brigade sector that are rumored to be participating in a retreat?

c.
What is the current location of enemy units within each brigade sector disposed along an extended front?

d.
What is the current location of artillery units supporting enemy units in each brigade sector?

e.
What is the current location of logistical units supporting enemy units in each brigade sector?

9. What routes will be taken by retreating enemy units?
a.
What movement routes have been assigned for the retreat of specific enemy units in each brigade sector?

b.
What movement routes are being cited in rumors about the retreat of specific enemy units in each brigade sector?

c.
What movement routes are being used or planned for use during the retreat of enemy-

(1)
Artillery units in each brigade sector?

(2)
Logistical units in each brigade sector?

10. Where will each retreating enemy unit establish its new position?
a.
Where are the new positions assigned to retreating enemy units in each brigade sector?

b.
What are the new positions being cited in rumors about the retreat of enemy units in each brigade sector?

c.
Where are the new positions assigned to retreating enemy artillery units in each brigade sector?

d.
Where are the new positions assigned to retreating enemy logistical units in each brigade sector?

11. How soon will units in the enemy’s second echelon begin to enter each brigade’s
AO?
a.
What is the current known location of units comprising the enemy’s second echelon in each brigade sector?

b.
What is the current rumored location of units comprising the enemy’s second echelon in each brigade sector?

Figure B-2. Sample overall objective statement (IEW tasks) (continued).
FM 34-52
c.
What is the known rate of travel for units comprising the enemy’s second echelon in each brigade sector?

d.
What is the rumored rate of travel for units comprising the enemy’s second echelon in each brigade sector?

12. By what routes will enemy reinforcements arrive?
a.
What is the current known location of personnel and equipment replacements for specific enemy units in each brigade sector?

b.
What is the current rumored location of personnel and equipment replacements for specific enemy units in each brigade sector?

c.
What are the known movement routes of personnel and equipment replacements for specific enemy units in each brigade sector?

d.
What are the rumored movement routes of personnel and equipment replacements for specific enemy units in each brigade sector?

13. Where are the enemy’s supply points located?
a.
Where are the enemy’s ammunition supply points located in each brigade sector?

b.
Where are the enemy’s POL supply points located in each brigade sector?

14. What are the enemy’s main supply routes?
a.
What are the known movement routes used by enemy supply convoys in each brigade sector?

b.
What movement routes are rumored to be used by enemy supply convoys in each of the brigade sectors?

c.
What is the known direction of travel for enemy supply convoys passing NAIs in each brigade sector?

d.
What direction of travel is rumored for enemy supply convoys passing NAIs in each brigade sector?

15. What choke points has the enemy identified along his own LOCs?
a.
Where are choke points along the enemy’s LOCs in each brigade sector known to exist?

b.
Where are choke points rumored to exist along the enemy’s LOCs in each brigade sector?

111. INTELLIGENCE PREPARATION OF THE BATTLEFIELD.
1. Are NBC weapons present in any of the brigade sectors?
a.
Have any noncommunications emitters normally associated with NBC weapons been identified in any brigade sector?

b.
What is the circular area in each brigade sector within which these noncommunications emitters are probably located?

Figure B-2. Sample overall objective statement (IEW tasks) (continued).
c. What is the nomenclature or operating frequency of the noncommunications emitters identified in each brigade sector?
2. Where will these NBC weapons be used?
a.
Have specific areas within any brigade sector been identified as targets for NBC weapons?

b.
Have orders been received by any enemy units in any brigade sector which indicate NBC weapons might be used in support of their activities?

3. What types of systems will be used to deliver these NBC weapons?
a.
What noncommunications emitters associated with very heavy artillery have been identified within each brigade sector?

b.
What noncommunications emitters associated with TELs have been identified in each brigade sector?

c.
What is the nomenclature or operating frequency of any noncommunications emitters identified in each brigade sector?

4. When will the enemy attack?
a.
What rumors indicating future offensive operations are circulating within enemy units in each brigade sector?

b.
Is the enemy massing mechanized infantry units in any of the brigade sectors?

c.
Is the enemy massing armor units in any of the brigade sectors?

d.
Is the enemy massing artillery units in any of the brigade sectors?

e.
What is the nomenclature or operating frequency of any electronic emitters belonging to enemy units preparing to conduct offensive operations in each brigade sector?

5. Where will the enemy attack?
a.
What avenues of approach will be used by specific enemy units within each brigade sector?

b.
Where are the enemy’s large concentrations of mechanized infantry units within each brigade sector?

c.
Where are the enemy’s large concentrations of armor units within each brigade sector?

d.
Where are the enemy’s large concentrations of artillery units within each brigade sector?

e.
What is the nomenclature or operating frequency of any electronic emitters belonging to enemy units preparing to conduct offensive operations in each brigade sector?

6. What units have been assigned to conduct the attack?
a. What enemy units are rumored to be preparing for offensive operations within any of the brigade sectors?
–
Figure B-2.Sample overall objective stattement (JEW tasks) (continued).
b.
What enemy units have been assigned to use specific avenues of approach within each brigade sector?

c.
What is the nomenclature or operating frequency of any electronic emitters belonging to enemy units preparing to conduct offensive operations in each brigade sector?

7. What artillery groups, regimental or divisional, have been assigned to support the attack?
a.
What artillery units have been ordered to support the enemy regiments or divisions assigned to conduct offensive operations in each of the brigade sectors?

b.
What is the nomenclature or operating frequency of noncommunications emitters belonging to the regimental or divisional artillery groups identified within each of the brigade sectors?

c.
What is the nomenclature or operating frequency of communications emitters belonging to the regimental or divisional artillery groups identified within each of the brigade sectors?

8. Where will the enemy establish lines of defense?
a.
Where are enemy units preparing extensive field fortifications within each brigade sector?

b.
Where are alternate artillery positions being prepared within each brigade sector?

9. What enemy units have been assigned to each defensive belt?
a.
What specific enemy units are preparing extensive field fortifications within each brigade sector?

b.
What specific enemy units within each brigade sector are preparing alternate artillery positions?

c.
What is the nomenclature or operating frequency of electronic emitters belonging to enemy units establishing lines of defense within each brigade sector?

10. What units comprise the reaction force to counter friendly armor or heliborne assaults?
a.
What enemy units are rumored to be the reaction force for defensive positions in each brigade sector?

b.
What enemy units are located behind, but in proximity to, the defensive positions in each brigade sector?

c.
What is the nomenclature or operating frequency of electronic emitters belonging to the units which are part of the enemy’s reaction force within each brigade sector?

11. What types of artillery are assigned to support the defense?
a. What artillery units are rumored to be supporting the enemy’s defensive positions in each brigade sector? –
Figure B-2.Sample overall objective statement (IEW tasks) (continued).
FM 34-52

b.
What is the current location of the enemy artillery units rumored to be supporting the defensive positions in each brigade sector?

c.
What is the nomenclature or operating frequency of electronic emitters belonging to the artillery units rumored to be supporting the enemy’s defensive positions in each brigade sector?

12. What enemy units will take part in a retreat?
a.
What enemy units in each brigade sector are rumored to be participating in a retreat?

b.
What enemy units in each brigade sector have been notified their-

(1)
Artillery support is moving to the rear?

(2)
Logistical support is moving to the rear?

c.
What is the nomenclature and operating frequency of electronic emitters belonging to retreating enemy units in each brigade sector?

13. What are current positions of retreating units?
a.
What is the current location of enemy units in each brigade sector rumored to be participating in a retreat?

b.
What is the current location of artillery units supporting enemy units in each brigade sector?

c.
What is the current location of logistical units supporting enemy units in each brigade sector?

14. When will each of the retreating units begin its movement?
a.
At what time have specific enemy units in each brigade sector been ordered to begin their retreat?

b.
What start times are being mentioned in rumors about the retreat of specific enemy units in each brigade sector?

15. What routes will be taken by the retreating units?
a.
What movement routes are being cited in rumors about the retreat of specific enemy units in each brigade sector?

b.
What movement routes are being used or planned for use during the retreat of enemy artillery units in each brigade sector?

c.
What niovement routes are being used or planned for use during the retreat of enemy logistical units in each brigade sector?

16. Where will each of the retreating units establish new positions?
a.
Where are the new positions being cited in rumors about the retreat of enemy units in each brigade sector?

b.
Where are the new positions assigned to retreating enemy artillery units in each brigade sector?

Figure B-2. Sample overall objective statement (IEW,tasks) (continued).
c. Where are the new positions assigned to retreating enemy logistical units in each brigade sector?
17. What units comprise the enemy’s second echelon?
a.
What specific units are rumored to be part of the enemy’s second echelon in each brigade sector?

b.
How many units comprise the enemy’s second echelon in each brigade sector?

c.
What type of units comprise the enemy’s second echelon in each brigade sector?

d.
What is the nomenclature and operating frequency of electronic emitters belonging to units in the enemy’s second echelon in each brigade sector?

18. What is the direction of travel for each unit in the enemy’s second echelon?
a.
What is the rumored direction of travel for units comprising the enemy’s second echelon in each brigade sector?

b.
What are the rumored movement routes for units comprising the enemy’s second echelon in each brigade sector?

19. How soon will units in the enemy’s second echelon begin to enter each brigade’s
A0?
a.
What is the current rumored location of units comprising the enemy’s second echelon in each brigade sector?

b.
What is the rumored rate of travel for units comprisiig the enemy’s second echelon in each brigade sector?

20. How soon will enemy reinforcements arrive?
a.
What times are being cited in rumors about the arrival of personnel replacements at specific enemy units in each brigade sector?

b.
What times are being cited in rumors about the arrival of equipment replacements at specific enemy units in each brigade sector?

21. By what routes will enemy reinforcements arrive?
a.
What are the current locations of replacement personnel and equipment cited in rumors about specific enemy units in each brigade sector?

b.
What are the movement routes of replacement personnel and equipment cited in rumors about specific enemy units in each brigade sector?

22. What specific enemy units are serviced by enemy supply points?
a.
What ammunition supply points support specific enemy units in each brigade sector?

b.
What POL supply points support specific enemy units in each brigade sector?

c.
What is the nomenclature or operating frequency of electronic emitters belonging to enemy supply points in each brigade sector?

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
FM 34-52

23. What malfunctions are occurring with enemy communications?
a.
What malfunctions are occurring with enemy vehicle- mounted
communications equipment in each brigade sector?

b.
What malfunctions are occurring with enemy manpacked communications
equipment in each brigade sector?

c.
What is the nomenclature or operating frequency of enemy communications
equipment which is malfunctioning?

24. What are major enemy supply routes?
a.
What are the known movement routes used by enemy supply convoys in each
brigade sector?

b.
What movement routes are rumored to be used by enemy supply convoys in
each of the boigade sectors?

c.
What is the known direction of travel for enemy supply convoys passing NAIs
in each brigade sector?

d.
What direction of travel is rumored for enemy supply convoys passing NAIs in
each brigade factor?

25. What choke points have the enemy identified along their own LOCs?
a.
What choke points along enemy LOCs in each brigade sector are known to
exist?

b.
What choke points are rumored to exist along enemy LOCs in each brigade
sector?

IV. FORCE PROTECTION.
1.
Where will NBC weapons be used?

a.
Have specific areas within any brigade sector been identified as targets for
NBC weapons?

b.
Have orders been received by any enemy units in any brigade sector which
indicate that NBC weapons might be used in support?

c.
Where has enemy air activity suddenly increased within any of the brigade
sectors?

d.
Where is unusual enemy air activity taking place within any of the brigade
sectors?

e.
Where has very heavy artillery been moved to within supporting distance of
front-line enemy troops within any brigade sector?

f.
Where has random firing of very heavy artillery occurred within any of the
brigade sectors?

2. What is the main objective of enemy attack?
a. What objectives have been assigned to specifrc enemy units in each brigade
sector for their offensive operations?

Figure B-2. Sample overall objective statement (IEW tasks) (continued).
b.
How many enemy units within each brigade sector have been assigned the same objectives?

c.
What measures are the enemy using to conceal the offensive’s objectives in each brigade sector?

3. What units have been assigned to conduct the attack?
a.
What enemy units are rumored to be preparing for offensive operations within any of the brigade sectors?

b.
What special operations elements are attached to enemy units preparing for offensive operations in each brigade sector?

c.
What is the nomenclature or operating frequency of any electronic emitters belonging to enemy units preparing to conduct offensive operations in each brigade sector?

4. What enemy units have been assigned to defensive belts?
a.
What specific enemy units are preparing extensive field fortifications in each brigade sector?

b.
What special operations elements have been attached to enemy units establishing lines of defense in each brigade sector?

c.
What is the nomenclature or operating frequency of electronic emitters belonging to enemy units establishing lines of defense within each brigade sector?

d.
What measures are employed to conceal defensive preparations in each brigade sector?

5. What units comprise the reaction force to counter friendly armor or heliborne assaults?
a.
What enemy units are rumored to be the reaction force for defensive positions in each brigade sector?

b.
What enemy units are located behind, but in proximity to, the defensive positions in each brigade sector?

c.
What special operations elements have been attached to the units in enemy reaction force in each brigade sector?

d.
What is the nomenclature or operating frequency of electronic emitters belonging to the units which are part of the enemy’s reaction force within each brigade sector?

6. What enemy units will take part in a retreat?
a.
What enemy units in each brigade sector are rumored to be participating in a retreat?

b.
What special operations elements are attached to retreating enemy units in each brigade sector?

c.
What enemy units in each brigade sector have been designated as stay-behind elements?

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
d.
What efforts have been made to recruit stay-behind agents from the local populace in each brigade sector?

e.
What is the nomenclature or operating frequency of electronic emitters belonging to retreating enemy units in each brigade sector?

7. What deception efforts will be made to conceal the retreat?
a.
What deception efforts have been ordered in conjunction with the retreat in each brigade sector?

b.
What specific enemy units are conducting deception efforts in conjunction with the retreat in each brigade sector?

c.
What special operations elements are involved in the deception efforts being conducted in each brigade sector?

d.
What deception efforts are being cited in rumors about the retreat in each brigade sector?

e.
What enemy units are rumored to be conducting deception efforts in conjunction with the retreat in each brigade sector?

8. What units comprise the enemy’s second echelon?
a.
What specific units are rumored to be part of the enemy’s second echelon in each brigade sector?

b.
How many units comprise the enemy’s second echelon in each brigade sector?

c.
What type of units comprise the enemy’s second echelon in each brigade sector?

d.
What special operations elements are attached to units in the enemy’s second echelon?

e.
What is the nomenclature and operating frequency of electronic emitters belonging to units in the enemy’s second echelon in each brigade sector?

V.
BA’ITLE DAMAGE ASSESSMENT.

1. What production loss has the enemy sustained?
a.
How long will it take to recuperate?

b.
What was the extent of battle damage?

c.
What was the attack’s total effect?

d.
How much warfighting stock was lost?

e.
How many personnel were lost?

f.
What type, and how many pieces, of warfighting equipment were destroyed or damaged?

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
g.
How many craters are visible?

h.
Where was the detonation point?

i.
What contingency plans have been put into effect?

VI. INDICATIONS AND WARNING.
1. How stable is the current government?
a.
What anti-allied demonstrations are planned?

b.
Who, or what organization, is responsible for the unrest?

c.
How well financed is the opposition?

d.
What outside help is the opposition receiving?

e.
What is the current economic situation?

f.
What kind of treatment can foreign citizens expect?

Figure B-2.Sample overall objective statement (IEW tasks) (continued).
Appendix C
Appendix C – cont.
Appendix C – cont.
FM

TO BE AFFIXED TO

TECH INTEL USE
CAPTURED ENEMY EQUIPMENT

ONLY

DO NOT DISTURB
NOMENCLATURE; flT-/do-A
TIME OF RECEIPT:
SERIAL. NO: /R3+567 –

99 DATE OF RECEIPT:
DATEIPLACE CAPTURED:~~S~
CA /23454
INSPECTED BY:
NAME HAN6
CAPTURING UNIT :lzdFf0/~/3&%7 QUANTITY: QdE EACH DISPOSITION: BELOW FOR USE BY TECH INTEL UNITS ONLY -a
3o NOTICE c
;C
THIS EQUIPMENT IS BEING HELD u
2 -4 4 c FOR: ANALYSIS UTlLlZATlCN
VI DESTRUCT13N
m

BY AUTHORITY OF 11.i JOINT
4
rn
= U.S. FORCES COMMANDER.
Y
-3e rn Z: IIONATUHL PAIUIEO nr~t
UNIT GAT^
Do

f DO NOT DISTURB
CT
2 THIS EQUIPMENT
0
CP

Y) PROPERTY U.S. GOVERNMENT
3

+
r
a=

PERSONNEL TAMPERING WITH
CL
0 Q; THIS EQUIPMENT WILL BE
L
SUBJECT TO PROSECUTION UNDER
ARTICLE 103,UCMJ
Figure C-2. Front and reverse sides of CEE tag.
Appendix C – cont.
Appendix C – cont.
FM 34-52
I OTHER SYMBOLS
OCCUPIED AREA
I
CONTAMINATED AREA (OR RESERVE)
ATOMIC BOMB OR DMCE
I
CONCRETE ‘DRAGON ‘TEETH
BRIDGE PREPARED FOR DESTRUCTION
HEAW MACHINEGUN
I
KEY ENEMY MAP SYMBOLS

TO BE OCCUPIED BY DEFENSIVE OCCUPIED ENEMY INFANIRY
CHEMICAL MEDIC DECON TRUCK
TROOPER
ANTI-PERSONNEL ANITTANK MINEFIELD ANTI-TANK DITCH MINEFIELD
ENEMY TIMBER AND FORTIFIED BUILDING BARBED OR CONCERTINA WIRE EARTH BUNKER
SMALL ARMS
L
–

UGHT MACHINEGUN COMPANY MACHINEGUN MEDIUM MACHINEGUN
+
HEAW AA MACHINEGUN ANTI-TANK RECOILESS ANTI-TANK RIFLE
GRENADE LAUNCHER

Figure C-4. Soviet and non-NATO map symbols.
KEY ENEMY MAP SYMBOLS
ARMOR
TANK APC I/ COMPANY IN THE AlTACK TANKS IN THE DEFENSE
0 06

MOTORIZED RIFLE
ARTILLERY
II 11 11
I
GUN HOWrrZER ADA ANTI-TANK MULTIPLE ROCKET MORTAR ARTILLERY BAlTERY LAUNCHER IN FIRING POSITION

+i+a fi

SAM UNIT ON SELF-PROPELLED 152-mm ROCKET AT AIR DEFENSE THE MARCH AA GUN SELF-PROPELLED LAUNCH SITE MISSILE HOWrrZER
COMMAND AND CONTROL

Ad$%LfEF

SQD LDR PLT LDR CO CDR RN CDR BN HQ RGMT HQ BDE HQ DIV HQ
HELICOPTERS
WXb x( d7+

CBT
CBT OTHER RADAR TRANSCEIVER SIGNAL
Figure C-4. Soviet and non-NATO map symbols (continued).
APPENDIX D
PROTECTED PERSONS RIGHTS VERSUS SECURITY NEEDS

The articles in this Appendix are extracted from the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12,1949.
The GC attempts to balance the necessity of the proper treatment of protected persons with the needs of security by the Detaining or Occupying Power. The GC applies to the whole of the populations of the countries ii conflict, without any adverse distinction based, in par- ticular, on race, nationality, religion, or political opinion. It is the design of the Convention to alleviate the sufferings caused by war (Article 13).
At the outbreak of a conflict, many protected persons become displaced persons. They move within their own country to areas where hostilities are not a threat or a power is able to. protect them. They may become refugees, fleeing into neighboring countries seeking a safe haven. The GC provides that protected persons who desire to leave at the outset of, or during a conflict, should be allowed to do so, unless their departure is contrary to the national interest of the State (Article 35). However, in light of possible threats to the security of the State receiving the refugees or a Detaining Power, the Geneva Convention does recognize a State’s right to take appropriate action to insure security.
The most typical security measure taken in such cases is the establishment of some manner of screening camps where the people may be identified and screened. During the process, useful intelligence may be obtained from legitimate displaced persons or refugees, and from potential threats, such as covert agents, who may be identified and interrogated.
In most cases, interrogators or linguists will conduct the screening operations while working closely with CI personnel to identify those protected persons of CI in-terest. Other military intelligence personnel may be re- quired to participate in this screening process because of the large numbers of refugees and/or the lack of other qualified personnel.
Internment of a protected person occurs when the Detaining Power determines that confinement or as- signment of residences to certain protected persons is absolutely necessary to the security of the Detaining Power (Articles 41 and 42). A civilian internee is defined by the Department of Defense (DOD) as a civilian who is interned during an armed conflict or oc- cupation for security reasons or for protection or be- cause he has committed an offense against the Detaining Power.
GENEVA CONVENTION PROVISIONSCONCERNING PROTECTED PERSONS

It is critical that the GC provisions concerning protected persons be strictly adhered to in the quest to identify legitimate threats and gain needed intelligence. Specifically:
(a) Article 5provid,es that if a Party to the conflict is satisfied that an individual protected person is suspected of or engaged in activities hostile to the security of the State, such individual shall not be en- titled to claim rights or privileges under the convention, if the exercise of that right would be prejudicial to that State. However, such individuals must be humanely treated during internment and the pendency of any in- vestigation and/or prosecution. A limitation of rights or privileges may include the withholding of the right to communicate with members of their family or repre- sentatives of their government. Such restrictions would
.
be appropriate in a case involving spying.
(b)
Article 29 places the responsibility for the treat- ment accorded protected persons upon the Party in whose hands they are found. This is in addition to any personal responsibility incurred by an agent of that Party. This is an affirmative duty upon commanders to insure their subordinates are not mistreating protected persons or their property. The command and the government will ultimately be held responsible for any mistreatment.

(c)
Article 31 prohibits physical or moral coercion against protected persons to obtain information from them or from third parties. Prohibited coercion may be obvious, such as physically abusing the subject of the screening or interrogation. It may also be more subtle, such as threats to turn the individual over to hostile for- ces; subjecting the individual to humiliating or degrad- ing treatment; implying harm to the individual or his

property, or implying a deprivation of rights guaranteed by international law because of a failure to cooperate; threatening to separate parents from their children; or forcing a protected person to perform guide services.
(d)
Article 32 prohibits corporal punishment, tor- ture or taking any measure of such character as to cause the physical suffering or extermination of protected’per- sons in your control. This prohibition not only applies to actions taken by the Detaining Party against the protected persons, but also any adverse action that others may take.

(e)
Article 33 prohibits collective punishments, penalties, reprisals, or pillaging of protected persons and their property. The principle behind this provision is that protected persons should only be held liable for offenses they personally commit. This prohibition in- cludes all measures of intimidation or terrorism.

(f)
Article 41 allows the Power, in whose hands the protected persons are found, to intern or force assigned residence to protected persons, if the other measures of control permitted by the convention are inadequate. Some persons may demand internment (for example, protected persons who may be threatened by others). Internment must be provided when the situation renders this step necessary (Article 42).

(g)
If interned or forced into assigned residences, protected persons have the right to have any such deter- mination reconsidered and reviewed on a periodic basis (Article 43).

(h)
In connection with the above, Article 44 prohibits the Detaining Power from automatically inter- ning or forcing an assigned residence against refugees who are nationals of an Enemy State, exclusively on the basis of their nationality, who do not, in fact, enjoy the protection of any government. The purpose of this ar- ticle is to insure that refugees, who may only technically remain enemy aliens, are not, on that basis alone, auto- matically subject to control measures, notwithstanding the fact that they are not protected by their government. An example of this would be interning Iraqi refugees based solely on their status as Iraqis. This prohibition, however, does not in any way deny the right of a State to intern such persons or subject them to legitimate con- trols when there is an additional basis for taking such action in the interest of security of the State.

(i)
Article 45 prohibits the transfer of protected per- sons into the custody of a Power not a signatory to the convention. The transferring Power must insure that protected persons transferred from their custody will be treated in accordance with the conventions. In the event that the transferring Power discovers that the protected persons are not being treated in accordance with the convention, they shall request that the protected persons be returned to their custody.

Appendix E
BlOGRAPHlC DATA ENTRIES
The following data prosigns are used in biographic reporting. If available, biographic information will fit in the summary of the IIR, the text entry will be NONE.
Should the reportable information exceed the limita- tions of the summary, entries will be made in the text. When making entries, ensure that the numbers and prosigns shown here are those used in the biographic report; if you have no data for a particular item, skip it and list the next item for which you have a data entry. Items skipped are not listed on the report.
The paragraph classification follows the biographic prosign. Do not use colons to separate the prosign and data entries. Minimum essential data (MED) prosigns are asterisked.
SUMMARY INTERROGATION REPORT
The rationale behind the summary interrogation report, shown at Figure E-8, is to preclude duplication of effort. In DESERT STORM, as EPWs were being evacuated up the chain, the gaining interrogator would ask questions only to be told the same questions had al- ready been asked by somebody else at a previous loca- tion. This is embarrassing, and does not foster rapport building, because the gaining interrogator had no pre- vious EPW screening or interrogation reports. It was assumed this was the first time the EPW was ques- tioned.
If the previous echelon received EPW information pertaining only to their immediate tactical situation, with no reports being forwarded, it would have been to the gaining interrogators advantage to be apprised of what transpired at the lower echelon; hence the sum- mary interrogation report. This report is simple in design and purpose, but reveals EPW information that gives the gaining interrogator insight as to what was developed at the previous echelon.
VOICE MESSAGE TEMPLATE FOR A SPOT (SALUTE) REPORT
62,X hb THIS IS ~2, ZMF D, J SALUTE. OVER addressee originator
THIS IS SEND SALUTE. OVER originator addressee
THIS IS SALUTE PROBLEMS addressee originator
FLASH IMMEDIATE PRIORITY ROUTINE (Underline and transmit the
–
precedence of this message.) TOP SECRET SECRET CONFIDENTIAL (Underline and transmit the security classification of CLEAR UNCLASSIFIED this message.)
SALUTE REPORT
1.
SIZE ~QufiD (Enter the size of the unit
or target.)

2.
ACTIVITY (Enter a description of the
activity detected.)

3.
LOCATION CR /a3 4s6 (Enter the target location
[UTMI.)

MR~I+’~,I~Y/~~

4.
UNIT (Enter the unit identity or

type.)

5.
TIME n/17 /7/802F.09? (Enter the time of the
sighting.)

6.
EOUIPMENT dA (Enter the name of any
equipment sighted.)

7.
DIRECTION dA (Enter the direction if
target is moving in degrees
or mils.)

8.
TIME //057 (Enter hour-minute-zone.
See NOTE.)

9.
AUTHENTICATION IS / 70225 (Enter message authentication See NOTE.)

10.
OVER

NOTE: The message DTG is used when required to identify message time of origin. Authentication will be in accordance with joint task force procedures.
Figure E-1. Spot report voice message template.
BATTLEFIELD TECHINT SPOT REPORT
TO: VI CORPS TECHINT TEAM THRU: RS2,14th ACR FROM: SS2,3/14th ACR DTG: 300700ZJAN99 REPORT NO: 07-0623
SIZE 3xMissiles, Muitcase, lxControl Box with periscope sight, lxSpent missile round. ACTIVITY: Capture of antitank wire-guided missile system. NATO nomenclature AT-3lSAGGER Mannpack. LOCATION: Capture at coordinates //32UNB538331//. TIME: Time of capture was 300530ZJAN99.
EQUIPMENTIHOW: System captured intact after overrunning enemy ambush position. No associated enemy captured. Equipment secure. Awaiting disposition instructions.
REMARKS: SOURCE DATA: Captured Enemy Equipment. MAP DATA: GERMANY, 1:50,000, LAUTERBACH, L5322, EDITION 5 MISC DATA: REPORT NO: 07-0623
Figure E-2.Sample battlefield TECHINT spot report.
FM 34-52
(CLASSIFICATION)
TACTICAL INTERROGATION REPORT

NAME OF PRISONER: KLEYMENOV INTERROGATOR: SGT ROYCE.
CATEGORY: A@C D UNITFORMATION TO WHICH
INTERROGATOR ATTACHED: Intg Sec,
Intel-Surv Co, 231st MI Bn, 23d Inf Div
INTG SERIAL NQ: US-AR-1234-1 MAPS USED: GERMANY, 1:50,000,
EISENAC HUNFELD, Ed #2.
DTG OF INTG: 221700ZNOV99 LANGUAGE USED: Russian
INTG REPORT NO: PT-001 INTERPRETER: None

PART I -INTELLIGENCE POTENTIAL OF ENEMY PRISONER OF WAR (EPW)
A. PERSONAL PARTICULARS:
1.
Rank, full name, service number, and position: JrLT, Dimitar KLEYMENOV, No. 0506031, Plt Ldr.

2.
Date and place of birth: 23 May 72, TBILISI, Georgian SSR, USSR.

3.
Nationality: Soviet (Ethnic Rumanian) (Religion: Orthodox).

4.
Knowledge of languages and proficiency: Russian (N).

5.
Unit, formation, or organization: 2 MR Plt (MRP), 2 MR Co (MRC), 3 MR Bn (MRB), 62 MR Regt (MRR), 34 MR Div (MRD)(2MRP/2/3/62/34MRD).

6.
Datettime, placelgrid references, capturing unit and circumstances of capture: 221330ZNOV99, Hill 457 (NB625305), A/1/2/3, captured after taking Hill 457.

B. CAREER:
1.
Premilitary: Gymnasium graduate, attended 1year at University of Moscow. Vocational training: None. Paramilitary training: None.

2.
Military: 5years military service, attended OCS Oct97; previous military jobs: Assistant Platoon Leader.

DOWNGRADINGPECLASSIFICATIONDATA:
(NOTE: This report is UNCLASSIFIED.
The word “CLASSIFICATION” is used for training purposes

to denote lines which may carry classification markings on an actual report.)
(CLASSIFICATION)
Figure E-3. Sample TIR
FM 34-52

(CLASSIFICATION)
TACTICAL INTERROGATION REPORT

NAME OF PRISONER: KLEYMENOV INTERROGATOR: SGT ROYCE.
CATEGORY: A@C D UNITFORMATION TO WHICH
INTERROGATOR ATTACHED: Intg Sec,
Intel-Suw Co, 231st MI Bn, 23d Inf Div
INTG SERIAL NO: US-AR-1234-1 MAPS USED: GERMANY, 1:50,000,
EISENAC HUNFELD, Ed #2.
DTG OF INTG: 221700ZNOV99 LANCiUAGE USED: Russian
INTG REPORT NO: PT-001 INTERPRETER: None

PART I -INTELLIGENCE POTENTIAL OF ENEMY PRISONER OF WAR (EPW)
A. PERSONAL PARTICULARS:
1.
Rank, full name, service number, and position: JrLT, Dimitar KLEYMENOV, No. 0506031, Plt Ldr.

2.
Date and place of birth: 23 May 72, TBILISI, Georgian SSR, USSR.

3.
Nationality: Soviet (Ethnic Rumanian) (Religion: Orthodox).

4.
Knowledge of languages and proficiency: Russian (N).

5.
Unit, formation, or organization: 2 MR Plt (MRP), 2 MR Co (MRC), 3MR Bn (MRB), 62 MR Regt (MRR), 34 MR Div (MRD)(2MRP/2/3/62/34MRD).

6.
Dateltime, placelgrid references, capturing unit and circumstances of capture: 221330ZNOV99, Hill 457 (NB625305), A/1/2/3, captured after taking Hill 457.

B. CAREER:
1.
Premilitary: Gymnasium graduate, attended 1year at University of Moscow. Vocational training: None. Paramilitary training: None.

2.
Military: 5 years military service, attended OCS Oct97; previous military jobs: Assistant Platoon Leader.

DOWNGRADINGIDECLASSIFICATIONDATA:
(NOTE: This report is UNCLASSIFIED.
The word “CLASSIFICATION” is used for training purposes

to denote lines which may carry classification markings on an actual report.)
(CLASSIFICATION)
Figure E-3. Sample TIR
FM 34-52
(CLASSIFICATION)
C. ASSESSMENT OF INTELLIGENCE VALUE:
1.
Intelligence, experience, cooperation, reliability: EPW seemed cooperative in that he did not hesitate to answer questions. EPW has 5years’ military experience. EPW appeared reliable in that no discrepancies were noted through the use of control and repeated questions. EPW was of average intelligence as he attended 1year University of Moscow.

2.
Specialist knowledge: None.

3.
Discussion of approach techniques: EPW cooperated on the orchestration of the Incentive (better treatment) and Pride and Ego Up (too good to do mundane EPW work) approaches.

D. DOCUMENTS CARRIED AT TIME OF CAPTURE:
1.
List of documents: MD card No. 0506031 (returned to EPW).

2.
Details of money and valuables: 18xrubles (impounded and receipted).

E. EOUIPMENT OF INTELLIGENCE INTEREST CARRIED AT TIME OF CAPTURE:
1.
Personal equipment: MhMK protective mask (returned to EPW).

2.
Weapons: Wmm FM pistol, 2xempty magazines, Mull magazine (all evacuated
through supply channels).

PART II -INFORMATION OBTAINED
A. SUMMARY:
1.
DO1is 221330ZNOV99 unless otherwise indicated in the body of this report.

2.
This report contains information pertaining to the 34th MRD, or units subordinate thereto.

B. TEXT:
1. MISSIONS:
a.
EPW:

(1)
TOC: To establish Plt OP and defensive position for 2MRP/2/3/62/34MRD.

(2)
FUTURE: To assist calling in artillery fire on enemy positions.

(3)
PAST: Participated in assault against Hill 457 (Nl3625305).

b.
UNIT: (2MRP/2/3/62/34MRD).

(1)
PRESENT: To establish and maintain OP and defensive positions.

(2)
FUTURE: To monitor convoy traffk, use position as jumping off point for future operations.

(CLASSIFICATION)
d
Figure E-3. Sample TIR (continued).
FM 34-52
(CLASSIFICATION)
(3)
PAST: Assaulted Hill 457 (NB625305).

c.
UNIT: (2MRCl3162134MRD).

(1)
PRESENT: To continue offensive operation east on highway.

(2)
FUTURE: To link up with the 3MRB in ALSFELD (NB1922) NLT 27NOV99.

(3)
PAST: Crossed international border 18NOV99 to liberate oppressed populace.

2. COMPOSITION: (62MRRl34MRD).
a:
62MRR had 2xMRB, dsg 1and 3. lxArty Btry, dsg unk. 2xEngr Bn, dsg unk.

b.
2MRBl62MRR had 3xMRC dsg 1,2, and 3.

c.
2MRCl3162MRR had lxHq Section and 3xMRP dsg 1,2,3.

d.
Ea MRPl213162MRR had 3xMRS, dsg 1,2,3.

3. STRENGTH: (2MRC).
a. Personnel: (2MRC).
(1)
2MRC had 93xpersonnel(6xOff/87xEM).

(2)
Hq SecJ2MRC had 6xpersonnel(3xOff -CO, PO, T013xEM lSG, BMP driverlmechanic, BMP commanderlgunner).

(3)
Ea MRPl2MRC had 29xpersonnel(lxOff -Plt Ldr128xEM -lxPlt SGT and 27xPlt mbrs).

(4)
Ea MRSIea MRPl2MRC had 9xEM (Mqd Ldr, 8xSqd mbrs).

b.
WEAPONS AND EQUIPMENT: (2MRPl2MRC).

(1)
Individual Weapons: (2MRP).

(a)
7x9mm pistol (Wlt Ldr, lxea RPG-16 gunner, lxea BMP driverlmechanic).

(b)
16×5.45mm AK-74 rifles (lxea remaining EM except RPK-74 gunners).

(2)
Crew-served Weapons: (2MRP).

(a)
6×5.45mm RPK-74 LMG (2xea MRSl2MRP).

(b)
3x58mm RPG-I6 ATGL (lxea MRSl2MRP).

(3)
Other Weapons: (2MRP) Ea mbrl2MRP carried unk no RGD-5 and F-1 hand grenades.

(4)
Armored Vehicles: (2MRP) (3xBMP, ea armed with lx73mmsmoothbore gun, lx7.62mm coaxial MG, and IxAT-3 SAGGER ATGM, lxea MRSl2MRP).

(5)
Other Vehicles: Unk.

(CLASSIFICATION)
Figure E-3. Sample TIR (continued).
FM 34-52
(CLASSIFICATION)
(6)
Communication Equipment: (2MRP).

(a)
3xR-123 transceivers, lxea BMP/2MRP.

(b)
1xR-126 transceivers, lxPlt Hql2MRP.

(7)
NBC Equipment: (2MRP).

(a)
Individual:

(1)
29xShM protective masks (lxea mbrJ2MRP).

(2)
2%U/I protective clothing sets (lxea mbrl2MRP).

(3)
29xU/I individual decon kits (lxea mbrl2MRP).

(b)
Vehicular: (2MRP) 3xU/I air filtration systems (lxea BMP/2MRP).

(8)
Specialized equipment: None.

4. DISPOSITIONS:
(a)
CP, 3MRB/62/34MRD loc vic NB673344 in abandoned 2xstory building in
HEIMBOLDSHAUSEN (NB6734) (HIS, CO, 2MRC/3MRB, DOI:
211200ZNOV99).

(b)
CP, 2MRC/3/62/34MRD loc vic NB639310 in building at road intersection in
RANSBACH (NB6331) (DOI: 211130ZNOV99).

(d)
CP, 3MRP/2/3/62/34MRD loc vic NB608324 in one-story, white building in HILMES (NB6032) (DOI: 210800ZNOV99).

(e)
CP, artillery battery, FUD UNK, loc vic NB626334. (WS, CO, 2MRC/3/62/34MRD
DOI: 220400ZNOV99).

(f)
CP, 2MRP/2/3/62/34MRD, Hill 457, loc vic NB625305. (DOI: 221330ZNOV99).

5.
TACTICS: (2MRC/3/62/34MRD) To continue rapid advance toward ALSFELD (NB1922) where various U/I units will consolidate and then advance SW.

6.
TRAINING: (2MRC/3/62/34MRD) Practiced small unit and company-size attack formation along with ground control of attack formations.

7.
COMBAT EFFECTIVENESS: (2MRC/3/62/34MRD).

a. Losses: (2MRC).
(1)
Personnel: lOxKIA in 2MRS/1/2/MRC due to artillery barrage on 20NOV99.

(2)
Equipment: lxBMP in 2MRS/1/2MRC due to artillery barrage on 20NOV99.

b.
Replacements: (2MRC).

(CLASSIFICATION)
–
Figure E-3. SampleTIR (continued).
f
k

FM 3452

(CLASSIFICATION)
(1)
Personnel: 5xEM received by 2MRS/1/2MRC to replace losses.

(2)
Equipment: lxBMP received by 2MRS/l/2MRC within 8 hours of loss.

c.
Reinforcements: Unk to EPW.

d.
Combat experience: Unk to EPW.

e.
Morale: (2MRPI2MRC) Morale was good due to offensive going as planned and faith in leaders. PO, 3MRB162134MRC gives good political indoctrination.

f.
Electronic technical data: Unk to EPW.

8. LOGISTICS: (2MRP/2/3/62/34MRD).
(a) Weapons and Ammunition: (2MRP).
(1)Weapons: (2MRP) All weapons were in excellent condition due to inspection in early Nov99. Spare parts for all weapons were stored in BMPs. No shortages of weapons or spare parts.
(2)
Ammunition: (2MRP) All ammunition were in excellent condition as it was issued new and also was inspected in early Nov99. No shortages.

(b)
Vehicles and POL: (2MRP).

(1)
Vehicles: (2MRP) All BMPs were in good conditions due to regular maintenance. Ea BMPl2MRP carried its own spare parts and tool kit. No shortages of vehicle spare parts.

(2)
POL: (2MRP) POL was resupplied ea evening by a U/I tanker truck at approximately 1800. No shortages.

(1)
Food: (2MRP) All personnel eating field rations since offensive began. Each member eats 2xcanned rations each day. Resupply every 3xdays. Last resupply on 2ONOV99. No shortages.

(2)
Water: (2MRP) Water was obtained from local sources. Each memberf2MRP has purification tablets to be used as necessary. No shortages.

(d)
Communication Equipment: (2MRP) All transceivers are in good working order as they were inspected in early Nov99. Spare parts are stored in BMPs.

(e)
Medical: (2MRP) Each member had Mrst-aid kit.

(0 NBC Equipment: (2MRP) All NBC gear was in excellent condition as it was
inspected in late Oct99.

9. MISCELLANEOUS: (3MRB).
a. Personalities: (3MRBI62134MRD).
(CLASSIFICATION)
Figure E-3. SampleTIR (continued).
FM 34-52

(CLASSIFICATION)
Last Name First Name MND Rank Psn FUD
GARNOV W. MNU MAJ PO 3MRB PANKRATOV A. MNU CPT CO 2MRCl3MRB ZAGORSKIY H. MNU SrSGT 1SG 2MRCI3MRB MEL’NIKOV C. MNU SrLT Plt Ldr lMRP/2/3MRB KOVALEV I. MNU SGT Plt Ldr 2MRP/2/3MRB KHOLODNOV M. MNU JrLT Plt Ldr 3MRPI213MRB
b.
Code nameslnumbers: Unk to EPW.

c.
Radio frequencies: (2MRCl3MRB) Frequencies for the R-123 transceiver on 22NOV99 were: Primary -14.70MHz. Alternate -18.36MHz. Frequencies changed daily at 2400 per unit SOI. Effective date: 22NOV99.

d.
Call Signs: (2MRCl3MRB) Call signs for 22NOV99 were CO, 2MRC TASC 20; lMRPj2MRC -PZQN 11; 2MRP12MRC -PZQN 12;2MRP12MRC -PZQN 13. CdI signs changed daily at 2400 per unit SOI. Effective date: 22NOV99.

e.
Passwords: (2MRCl3MRB) Challenge for 22NOV99 was NOS; Countersign was UTROM. Passwords changed daily at 2400 per unit SOP.

f.
Obstacles: Unk to EPW.

g.
PSYOP: Unk to EPW.

PART Ill -REMARKS
Recommend EPW for further interrogation on annual training competition at battalion and regimental levels.
(CLASSIFICATION)
Figure E-3. SampleTIR (continued).
FM 34-52
/ -\ /    \
/ I0 I Attach to 101 \
I I
/ I    \PW/ I
\
I    I

/ I \ / \ Part A I I REMRRKS: I
I Serial No. of Tag: R~LI%/~i    I
I Include any information that
I
I Nationality of Capture Unlt:
I LLS
I Capturing Unit:d&-/)/(/~/3
I
I I I I I I
I may assist in the intell-
I
I igence effort; eg, special I I circumstances of capture.
I I
I Associated PW captured at : same time/location. PW I
I Power Served, etc.
I I I
I
I
I    I
I
I I
I
I
I I I
I I
I I
I
I I I I
I
I I
I I
I—-Perforation————–
I
I    I0 I
I    I I 1-I
I WIG of Capture: //Oh45zAW99I
I
I

I Location of capture:CAl23#5& I
I
I
; rw -: FiORZ5, Jmd I I

,First, MI) I
I
r PWDOB: /SMfiY 29
I
I IPW Senrice Number:
I
I Part B attached I or Dccuments:
!———————————-I
I part B

I
I
I
I

I01
1
I
Serial Number of Tag:0~6~~\7iAttach to PW equipment

I    I
I I documents. Ensure all I Nationality of Capture Unit: I I documents/equipnent are
1I
I
I    I I secure in one package.
L
I
I I Mark with X in box below
I
; PW Name: ~06’~~~    II
I I if of particular intell -a (LastName, First, MI) I I igence rmportance.
I
I PW Rank: VT
I I

I
I
RE’P~6ilc I I I mr served by PW:&F Aum~drnI I
I I I I
/ MG or capture:j/Db~5gAM?97 : I
I
I bation of Capture: rA123$56: I I

I I I

I
I I

I
I
I I I
I I I
I I I I
I
I
I
I
I

Figure E-4. Standardized EPW and personal equipment and document captive tag (STAMG 2044).
FM 34-52
(CLASSIFICATION)
FM GZ, /d.T/t/FB/V TO G a, XI/ INFO G2, X GafPs
CLASSIFICATION/CAVEATS
SERIAL: (U).
PASS: (U) OPTIONAL.
COUNTRY: (U).
SUBJ: IIR bfl847/ A-@
WARNING: (U) THIS IS AN INFORMATION REPORT, NOT FINALLY EVALUATED INTELLIGENCE. REPORT CLASSImED (CLASSIFICATION/CAVEATS,WITH CAVEATS ABBREVIATED).
I
DOI: (U).
REQS: (U).
SOURCE: (&.
SUMMARY: (&).
TEXT: (a.
COMMENTS: (a.
//IPSP: (U) 87-11.
IICOMSOBJ: (U) 37-11.
PROJ: (U).
COLL: (U) (OPTIONAL).
PREP: (U).
ENCL: (g)TO FOLLOW. 1ENCLOSURES. (OPTIONAL). WARNING:

(U) REPORT CLASSIFIED (CLASSIF’ICATION/CAVEATSWITH CAVEATS SPELLED OUT).
DECL: OADR ##
NOTE: LEFT MARGIN DASHES ENSURE PROPER SPACING BETWEEN PROSIGNS.
(UNCLASSIFIED)
Figure E-5. Format for intelligence information report (IIR).
F

FM 3452
*l. NAME OF COUNTRY
2.
DATE OF INFORMATION (for example, YYMMDD or YYMMDD-YYMLDD)

3.
DATE OF REPORT (for example, YYMMDD)

*4.A. FULL NAME (Must be listed in Roman letters in the order normally used by the individual, with surname in capital letters; accent on last name, if known; phonetic pronunciation, as appropriate.)
4.B. NAME(S) BY WHICH INDIVIDUAL PREFERS TO BE ADDRESSED
(1)
IN OFFICIAL CORRESPONDENCE

(2)
ORALLY AT OFFICIAL GATHERINGS

4.C. FULL NAME IN NATIVE ALPHABET (Include standard telegraphic code or other transcription code.)
4.D. VARIANTS, ALIASES, OR NICKNAMES *5. RANK (List complete official rank)
5.A. ENGLISH LANGUAGE (List American equivalent.)
5.B. NATIVE
6.
DATE OF RANK (for example, YYMMDD)

7.
POSITION/BILLET
*7.A. PRESENT POSITION (List what the person is and where.)

7.B. MILITARY ADDRESS

7.C. DATE ASSUMED POSITION (for example, YYMMDD)

7.D. SCHEDULED DATE OF DEPARTURE (for example, YYMMDD)

7.E. NAME OF PREDECESSOR I

(1)
PREDECESSOR’S RANK

(2)
PREDECESSOR’S BRANCH OF ARMED SERVICE

(3)
DATE PREDECESSOR ASSIGNED (for example, YYMMDD)

(4)
DURATION OF PREDECESSOR’S ASSIGNMENT (List from and to date in
YYMMDD order.)

*8. BRANCH OF ARMED SERVICE (for example, Army, Navy, Air Force, Special Branch)
9.
SPECIALITY/OTHER ORGANIZATIONS (List affiation with Ministry of Defense, a space program, or other specialized agencies or programs.)

10.
DATE OF BIRTH (for example, YYMMDD)

11.
PLACE OF BIRTH (List town, state, province, country.)

Figure E-6. Format for biographic report.
12.
SEX

13.
HOME ADDRESS

14.
TELEPHONE NUMBER (Include area code, if applicable.)

14.A. HOME
14.B. WORK
15.
MARITAL STATUS (List married, single, divorced, widowed, or separated.)

16.
CITIZENSHIP (List country or countries where citizenship is held.)

17.
ETHNIC GROUP (for example, Caucasian)

18.
NATIONALITY

19.
RELIGIOUS AFFILIATION

19.A. NAME (for example, Roman Catholic)
19.B. PRACTICING OR NON-PRACTICING
20.
TITLES, HONORIFICS

21.
HIGH ORDER DECORATIONS (List native, US, other country awards, by what government awarded, and when.)

22.
PHYSICAL DESCRIPTION

22.A. FACIAL HAIR (List beard, mustache, other.)
22.B. TEETH (Yes or No. Note whether teeth are natural.)
22.C. HARD OF HEARING (Yes or No)
22.D. GLASSES (Yes or No)
22.E. COLOR OF EYES
22.F. BALD (Yes or No)
22.G. COLOR OF HAIR
22.H. WRITING HAND
22.1. POSTURE (List whether erect or round-shouldered.)
225. HEIGHT (List in inches.)
22.K. WEIGHT (List in pounds.)
22.L. BUILD (List small, medium, or large.)
23.
MEMBERSHIP IN ORGANIZATIONS (List professional, social, military, and other organizations and inclusive date in YYMMDD order.)

24.
PREFERENCES (List preferences for food, drink, tobacco, entertainment, sports, and hobbies.)

25.
PUBLISHED WORKS–BY OR ABOUT INDIVIDUAL (List title and publication date of article or book. If an article, list name of publication in which article appeared.)

Figure E-6. Format for biographic report (continued).
-FM 3452
26.
CIVIL EDUCATION (List college or highest level schools, locations, major courses,
degrees, honors, and inclusive dates in YYMMDD order.)

27.
LANGUAGES (List proficiency, dialects, degree of fluency, and ability to act as a
translator or interpreter.)

28.
INTERNATIONAL TRAININGRRAVEL (List countries, purpose, and inclusive
dates in YYMMDD order.)

29.
PHOTOGRAPH SUBMITTED (Yes or No)

30.
DATE OF PHOTOGRAPH, IF SUBMITTED (for example, YYMMDD)

31.
MILITARY SERVICE (Chronologically, list inclusive dates in YYMMDD order and
locations. List all military schools, in-country and foreign; promotions and demotions by
listing rank to which moved and effective date in YYMMDD order; foreign service; units
served and position held; retired or reserve status; and involvement with programs,
activities, and key people.)

32.
FULL NAME OF SPOUSE

32.A. MAIDEN NAME (for example, ESCOBAL)
32.B. DATE OF BIRTH (for example, YYMMDD)
32.C. PLACE OF BIRTH (List town, state, province, and country.)
32.D. CITIZENSHIP (List country or countries in which citizenship held.)
32.E. ETHNIC GROUP
32.F. NATIONALITY
32.G. RELIGIOUS AFFILIATION
(1)
NAME (for example, Roman Catholic)

(2)
PRACTICING OR NON-PRACTICING

32.H. BACKGROUND (List education; languages; preferences in food, drink, hobbies,
and entertainment; special interests; and professional societies and groups.)

33.
NAMES OF CHILDREN (Include sex, date of birth in YYMMDD order, marital
status, and any other items of interest such as schools, health, or military service.)

34.
SIGNIFICANCE:
The following paragraphs are classified, except number 40.

35.
POLITICS

36.
MILITARY REPUTATION

37.
CHARACTER

38.
ACQUAINTANCES/RELATIONS INFLUENCE

39.
PERSONAL CHARACTERISTICS

40.
POLICE RECORD (Not a classified paragraph.)

41.
EVALUATION

42.
ADDITIONAL INFORMATION ON SPOUSE

Figure E-6.Format for biographic report (continued).
FM 34-52
PRECEDENCEIDTG
FM

TO
INFO
BT OR ZEN

CLASSIFICATION/CAVEATS/CODEWORDS

CITE:
SERIAL:
SUBJ: KNOWLEDGEABILITY BRIEF (Classification)
REF:
SUMMARY: (Classification) (Source description limited to 414 characters, 6 message

lines)
TEXT:

1. (Classification) PERSONAL DATA:
1A.NAME:
1B. SRCNO: (14-characters)
1C. SRCNO1: (14-characters)
ID. SRCN02: (14-characters)
1E. SRCN03: (14-characters)
IF.CITIZEN: (2-characters)
1G. BIRTCITY: (30-characters including blanks)
1H. BIRTCRTY: (Zcharacters)

11. BIRTDT: (YYMMDD –6-characters)
1J. PCO: (2-characters)
1K.LEFTDT: (YYMMDD –6-characters)
1L. INITCTDT: (YYMMDD –dcharacters)
1M.LASTCTDT: (YYMMDD –6-characters)
IN. LASTCTRY: (YYMMDD –6-characters)

10.LANGCOMP: (3-characters; 3 occurrence limit.)
2. (Classification) EDUCATION:
2A. C or M (1 character; W-W;educational institution in 76-characters including blanks; geographic coordinates in 15-characters without blanks; city name in 30-characters including blanks; country code in 2-characters; degree/certificate/diplomaand major in 32-characters including blanks.
.
Figure E-7.Format for a knowledgeability brief.
FM 34-52
2B-2E. (Include these subparagraphs as needed using format above.)
3. (Classification) EMPLOYMENT:
3A. W-W: (Employment installation in 76-characters including blanks; geographic coordinates in 15-characters without blanks; city name in 30-characters including blanks; country code in 2-characters; employment position and duties in 30-characters including blanks; security clearance in 1character.)
3B-3G. (Include these subparagraphs as needed using format above.)
4. (Classification) MIL SERVICE:
4A. W-YY: (Military installation in 76-characters including blanks; geographic coordinates in 15-characters without blanks; service component in Zcharacters; rank in 2-characters; unit in 30-characters including blanks; city name in 30-characters including blanks; country code in 2-characters; military specialty and duties in 30-characters including blanks; security clearance in 1character.
4B-4T. (Include these subparagraphs as needed using format above.)
5. (Classification) SPECIFIC KNOWLEDGEABILITY: Freeltext variable length (maximum 6,900-characters or 100 message lines) to address full source knowledgeability. The last two elements or paragraph, list applicable military equipment and IPSP codes, as follows:
//MILEQUIP: Two 8-CHARACTER CODE; CODE; CODE; CODE; CODE; CODE// (6-CODE LIMIT).
//IPSP: Six 7-CHARACTER CODE; CODE; CODE; CODE; CODE; CODE; CODE; CODE// (8-CODE LIMIT).
6.
(Classification) COLLECTOR’S COMMENTS: Free textlvariable length (maximum 1,380-characters or 20 message lines) to address collection capability.

7.
(Classification) GUIDE: Free textlvariable length (maximum 1,380-characters or 20 message lines) to address desired method of intelligence tasking.

DECL: OADR
Figure E-7.Format for a knowledgeability brief (continued).
FM 34-52

(CLASSIFICATION)
SOURCE NAME
SOURCE’SRANK ANDSERVICEISERIAL NO. fiT 123 +567.
SOURCES DPOB 3&p 80, W~DIJ~~ SOURCE’S UNIT ISQ~ 03
I+/~/NRC INTG SEQUENCE ~ocmur~ AK-4F, AGLRE H)T~~KR
CAPTURED WISOURCE OF
CIVILIAN CAREER STUJ&~T M~LITARYCAREER RIF~LfldAI SPECIALIST KNOWLEDGE NDA/E DURA~ONOF INTO a/y/d IWG LOCATION 19’/.7 3+56 REPORTS GENERATED PfRS &SS&S Iwo OBTAINED smy om^ uuIT suFFWZD 60%
P-ASYAI T/E5 DUR/dG COAL~POHATACK.
INTG NAME AND UNIT &FC Ml TH
LANGUAGE USED c SOURCE?SMP SERIAL NO. US-23079/d
(CLASSIFICATION)
Figure E-8. Sample summary interrogation report.
Appendix F
Appendix F – cont.
Appendix G
Appendix G – cont.
Appendix G – cont.

GLOSSARY

AC
ACE
ACR
ADA
’41
AIRDOC
A0
armd
ARNG
ARTEP
ASAS
ASPS
ATGM
BICC BIRTCRTY BIRTCITY BIRTDT bn BSA
I BT
CA
CAP

C-E
C&E
CEE
CCIF
CED
CEM
CHA
CI
CID
CIF
CLP
CLPM
Active Component analysis and control element armored cavalry regiment air defense artillery area of interest Air Force document area of operations armored Army National Guard
Army Training Evaluation Program All-Source Analysis System all-source production section antitank guided missile
battlefield information control center birth country birth city birth date battalion brigade support area message break indicator
Civil Affairs civic action program command, control, and
communications command, control, communications,
and intelligence communications-electronics collection and exploitation captured enemy equipment combined corps interrogation facility captured enemy document captured enemy materiel central holding area counterintelligence Criminal Investigation Division Corps Interrogation Facility Command Language Program Command Language Program
Manager CMEC CMO co COA coll CONUS CP CPR CPT CPX CS CSS
DA DCPR DECL DEROS DIA DISCOM DISUM div DLEA DLPT DLIFLC
doc DOCEX DOD DO1 DOS DPOB DPRK
DS DSA
dsg DSN DST DTG collection management and
dissemination Captured Materiel Exploitation Center civil-military operations company course of action collection continental United States command post common point’ of reference captain command post exercise combat support combat service support
Department of the Army destination common point of reference declassify date eligible for return from overseas Defense Intelligence Agency division support command daily intelligence summary division drug and law enforcement agency Defense Language Proficiency Test Defense Language Institute Foreign
Language Center document document exploitation Department of Defense date of information disk operating system date and place of birth Democratic People’s Republic of
Korea direct support division support area designation digital support network decision support template date-time group ea EAC ECB ECM EM encl engr EPW equip ETS EW
FAX Feb FEBA FIS FLAMRIC
FLPP
FLTCE
G1
G5
GAZ
GC
GPW
GS
GSR
GWS each echelons above corps echelon corps and below electronic countermeasures enlisted member enclosure engineer enemy prisoner of war equipment expiration term of service electronic warfare
facsimile February forward edge of the battle area foreign intelligence and security US Army Forces Command Language
Maintenance Refresher and
Improvement Course foreign language proficiency pay Foreign Language Training Center,
Europe field manual fire support field training exercise
Assistant Chief of Staff (Personnel)
Assistant Chief of Staff (Civil Affairs)
Soviet truck
Geneva Convention Relative to the

Protection of Civilian Persons in Time of War of August 12,1949 Geneva Convention Relative to the Treatment of Prisoners of War
of August 12,1949 general support ground surveillance radar Geneva Convention for the
Amelioration of the Wounded and Sick in Armed Forces in the Field of August 12,1949
hq HHC
HHS
HIC HPT HIS HUMINT HVT
hwy
ICF ICPR I&E IEW II-IA IIR IMINT info intg INTSUM INTREP
I0

IPB
J5 JCMEC
JIF JTF j r JUMP
headquarters headquarters and headquarters company headquarters, headquarters and
service high-intensity conflict high-payoff target hearsay human intelligence high-value target highway
Intelligence Contingency Fund initial common point of reference interrogation and exploitation intelligence and electronic warfare initial holding area intelligence information report imagery intelligence information interrogation intelligence summary intelligence report information objectives intelligence preparation of the
battlefield prisoner of war interrogation intelligence requirements intelligence and surveillance indications and warning
Plans and Policy Directorate Joint Captured Materiel Exploitation
Center Joint Interrogation Facility joint task force junior job, unit, mission, and PIR, IR, and
SIR
thousand LANGCOMP ldr LIC LLSO loc LN LRS LZ
MASINT mbr MDCI MED METL METT-T
MHz MI MIC MID mil misc MN/I MOS MP MRC
MRD

MRR MRS MS MSR MTF
NA NAI NATO NAVDOC NBC NCA NCO knowledgeability briefs
language competency leader low-intensity conflict low-level source operations location local national long-range surveillance landing zone
measurement and signature intelligence member multidiscipline counterintelligence minimum essential data mission essential task list mission, enemy, troops, terrain, and
time available megahertz military intelligence mid-intensity conflict military intelligence detachment military miscellaneous middle name or initial military occupational specialty military police motorized rifle company motorized rifle division motorized rifle regiment motorized rifle squad microsoft main supply route Message Text Format
not applicable named area of interest North Atlantic Treaty Organization Navy document nuclear, biological, and chemical national command authority noncommissioned officer NCOIC NEO no NS A
OADR
OB OBSTINTEL OCONUS OCS off OP OPCON OPLAN OPORD OPSEC
PC PCS PERINTREP pers PHA PIR
pit PM PO POC POL
Prep proj PSA
PSYOP PW
QSTAG
RAM RC REC recon REDTRAIN noncommissioned officer in charge noncombatant evacuation operations number National Security Agency
Originating Agency’s Determination
Required order of battle obstacle intelligence outside continental United States officer candidate school officer observation post operational control operations plan operations order operations security
personal computer permanent change of station periodic intelligence report personnel permanent holding area priority intelligence requirements platoon Makarov pistol (Soviet) political officer point of capture petroleum, oils, and lubricants preparation project post-strike assessment psychological operations prisoner of war
Quadripartite Standardization
Agreement random access memory Reserve Components radio electronic combat reconnoiter readiness training RIF
S&T S2 SALUTE
sec SFG SFGA S JA SIGINT SIR SITMAP SOF SOP SO1 SOR
sqd sr srchno SSO STANAG STX SUPINTREP SVD SW
TCAE TE TECHDOC TECHINT TEL
THA
TIF TIR TOC TOE TQ TRADOC
TSA reconnaissance in force
scientific and technical Intelligence Officer size, activity, location, unit, time,
equipment section Special Forces Group Special Forces Group (Airborne) staff judge advocate signals intelligence specific information requirements situation map special operations forces standing operating procedure signal operation instruction specific operational requirement squad senior search number special support office Standardization Agreement situation training exercise supplementary intelligence report Soviet rifle southwest
technical control and analysis element tactical exploitation technical document technical intelligence transporter-erector-launcher temporary holding area Theater Interrogation Facility tactical interrogation report tactical operations center tables of organization and equipment tactical questioning United States Army Training and
Doctrine Command
technical support activity

UCMJ UII unk USAR USMTF
UTM
vic
v’rr
Uniform Code of Military Justice unit of issue unknown United States Army Reserve United States Message Text
Format universal transverse mercator (grid)
vicinity videoteletraining
with
executive officer
REFERENCES

SOURCES USED
These are the sources quoted or paraphrased in this publication.
Armv Publications
AR 310-50. Authorized Abbreviations and Brevity Codes. 15 November 1985.
DA Form 330. Language Proficiency Questionnaire. July 1985.
AR 350-30. Code of Conduct/Survival, Evasion, Resistance and Escape (SERE) Training. 10 December 1985.
AR 380-5. Department of the Army Information Security Program. 25 February 1988.
FM 21-26. Map Reading and Land Navigation. 30 September 1987.
FM 21-31. Topographic Symbols. 19 June 1961.
(C)FM 21-78. Resistance and Escape (U). 15 June 1989.
FM 34-2. Collection Management. 20 October 1990.
FM34-3. Intelligence Analysis. 15 March 1990.
FM 34-54. Battlefield Technical Intelligence. 5 April 1990.
FM 34-60. Counterintelligence. 5February 1990.
FM 34-130. Intelligence Preparation of the Battlefield. 23 May 1989.
FM 100-20. Low Intensity Conflict. 5 December 1990.
FM 101-5-1. Operational Terms and Symbols. 21 October 1985.
STP 21-1-SMCT. Soldier’s Manual of Common Tasks, Skill Level 1. 1 October 1990.
STP 21-24-SMCT. Soldier’s Manual of Common Tasks, Skill Levels 2-4. 10 January 1989.
STP 34-97E1-SM. Soldier’s Manual, Skill Level 1,MOS 97E, Interrogator. 27 June 1990.

DOCUMENTS NEEDED
These documents must be available to the intended users of this publication.
DA Form 1132-R. Prisoner’s Personal Property List -Personal. April 1986.
DA Form 2028. Recommended Changes to Publications and Blank Forms. February 1974.
DA Form 2662-R. United States Army EPW Identification Card. May 1982.
DA Form 4237-R. Prisoner of War Personnel Record. August 1985.
DA Form 5976. Enemy Prisoner of War Capture Tag. January 1991.
DODD 5100.77. Department of Defense Law of War Program.
AR 381-10. US Army Intelligence Activities. 1July 1984.
AR 12-15. Joint Security Assistance Training (JSAT) Regulation. 28 February 1990.
AR 190-8. Enemy Prisoners of War -Administration, Employment, and Compensation. 1June 1982.
AR 190-57. Civilian Internees -Administration, Employment, and Compensation. 4 March 1987.
AR210-174. Accounting Procedures for Prisoners’ Personal Property and Funds. 17 September 1986.

AR 500-51. Emergency Employment of Army and Other Resources Support to Civilian LawEnforcement. 1 July 1983.
AR 611-6. Army Linguist Management. 16 October 1985.
FM 19-4. Enemy Prisoners of War, Civilian Internees, and Detained Persons. 23 May 1984.
FM 25-100. Training the Force. 15 November 1988.
FM25-101. Battle Focused Training. 30 September 1990.
FM27-10. The Lawof Land Warfare. 18 July 1956.
FM34-1. Intelligence and Electronic Warfare Operations. 2 July 1987. (S-NF)FM 34-60A. Counterintelligence Operations (U). 6 June 1989.
FM71-101. Infantry, Airborne, and Air Assault Division Operations. 26 March 1980.
FM100-5. Operations. 5 May 1986.
(S)TC34-5. Human Intelligence Operations (U). 3 October 1988.

ARTEP 34-298-10-MTP. Mission Training Plan for Interrogation Platoon Military Intelligence Battalion Light Infantry Division. 8 October 1991. STP 34-97E24-SM-TG. Soldier’s Manual, Skill Levels 2/3/4 and Trainer’s Guide, MOS 97E, Interrogator. 27 June 1990. (S-NF)DIAM58-13. Defense Human Resources Intelligence Collection Procedures (U). 28 March 1988.
Standardization Aareements (STANAGs)
2033. Interrogation of Prisoners of War. Edition 6.
2044. Procedures for Dealing with Prisoners of War. Edition 5.
2084. Handling and Reporting of Captured Enemy Equipment and Documents, Edition 5.
A
approach phase. See also interrogation phases.
approach combinations, 3-13 through 3-20
developing rapport, 3-12,3-13
part of interrogation phase, 3-5,3-10
rapport postures, 3-11

B
battle damage assessment (BDA). See IEW tasks.
BEST MAPS, 3-32,3-33
briefings,3-30

C
captured enemy documents
accountability of, 4-6
as sources of information, 2-17,3-1,4-1,4-13
definition and types of, 1-12,4-1,4-9
disposal of, 4-13
evacuation of, 4-4,4-12,4-14
exploitation of, C-1
grouping of, 4-12
inventory of, 4-7
logging of, 4-7,4-8
tracing of, 4-7
transmittal of, 4-6,4-12

CED. See captured enemy documents.
Command and Language Program (CLP), F-1

conflicts
types of, 1-16

Corps Interrogation Facility (CIF), 2-10, 2-11,4-5
counter-drug operations
use of interrogators, 1-5

INDEX

debriefings
OPSEC requirement, 3-31
responsibilities during, 3-31
strategic, 3-31

E
enemy. See ME=-T factors.
enemy prisoner of war (EPW)
as sources of information, 2-17
at CIF, 2-10
at TIF, 2-12
evacuating and guarding, 2-9
when wounded, 2-12

F
force protection. See IEW tasks.
G
Geneva Conventions. See GWS, GPW, and GC.
GWS, GPW, and GC, 1-14,l-16
command responsibilities, 1-7, 1-9
coordinating with SJA, 1-9,3-14
definition of, iv, v, 1-11
posting Articles of, 3-14
protected persons rights vs security needs, D-1
violations of, 3-16

hearsay information, 3-9,3-24
high-intensity conflict (HIC). See conflicts.
human intelligence (HUMINT), 1-2

IEW tasks
BDA, 1-5
force protection, 1-5
I&W, 1-3
IPB, 1-3,l-4
overall objective statement samples B-11, B-13

situation development, 1-5
target development and target acquisition, 1-5

imagery intelligence (IMINT), 1-2

indications and warning (I&W). See IEW tasks.
individual and collective training, G-1

information objectives, 3-31

Intelligence Information Report (IIR). See reports.
intelligence preparation of the battlefield (IPB). See IEW tasks.
intelligence requirements (IR)
screening for, 3-2

interrogation operations
cultural aspects on, 1-5
factors affecting, 1-5, 1-6
IEW support in, 1-1
offensive and defensive, 1-5

interrogation phases, 343-7 through 3-28

interrogations
architecture, 2-1
debriefing, 3-31
in armored and mechanized infantry operations, 2-16
strategic, 3-31
objective of, 1-7,l-17
prohibition against use of force, 1-7
types of, 1-7 through 1-9
with interpretors, 3-29

interrogation support in LIC, 2-21

interrogators
characteristics of, 1-12 through 1-16
functions of, 3-1
in defensive operations, 2-20
in GS and DS role, 2-23
in offensive operations, 2-18

Interrogators Guide, 3-23

K
Knowledgeability Brief (KB). See Reports.
L
leads
hot and cold, 3-24

M
Message Text Format 0,
E-1

ME’IT-T factors
enemy, 1-6
mission, 1-5
terrain, 1-6
time available, 1-6
troops, 1-6

mission essential tasklist (METL), G-1

mission support. See METT-T factors.
military police, 2-1,2-9,2-13,2-24,3-2,4-5,4-13
P
planning and preparation, 3-5,3-7 through 3-10. See also interrogation phases.
Prisoner of War Information System (PWIS), 2-1

Q
Quadripartite Standardization Agreements
(QSTAGs),v

questioning phase, 3-7,3-20 through 3-26. See also
interrogation phases.
hearsay information, 3-24
Interrogators Guide, 3-23
leads, 3-24
questioning guides, B-1, C-1
questions to avoid, 3-23
sequencing, 3-24 through 3-26
spot reportable information, 3-23,3-24
techniques, 3-21,3-22, C-4

I reporting phase, 3-28. See also interrogation phases.
Reports
Biographic Report, E-1, E-13
Captive Tag, E-1, E-11
captured document log format, 4-8
captured document.tag format, 4-4
CED transmittal, 4-6
Detainee Personnel Record, 3-3
EPW Capture Tag, 3-8
EPW ID Card, 3-27
IEW process, 1-16,2-1
IIR, E-1, E-12
Interrogation Report, E-1, E-18
Knowledgeability Brief, E-1, E-16
SALUTE Report, 1-6,3-21, E-1, E-3
screening format, 3-6
TECHINT Spot Report, E-1, E-4
TIR, E-1, E-5

responsibilities of
capturing unit, 2-9,4-5

1 commanders, 1-9,2-1,2-21
Provost Marshal, 2-10 .
team leaders, 2-1,4-5

S
screening
CI interest in, 3-2
definition and types of, 3-2 through 3-6
priorities, 3-7

signals intelligence (SIGN), 1-2

situation development. See IEW tasks.
size, activity, location, unit, time, equipment (SALUTE). See reports.
sources
assessing, 3-5
breaking points of, 3-13
definition and types of, 1-10

Special Forces, 2-14
spot reportable information, 3-23,3-29, E-1, E-4

Standardization Agreements (STANAGs)
1059, iv, 4-4
2033, iv
2044, v
2084, V, 4-1
assessment codes, 3-29

strategic intelligence components, 3-32,3-33
strategic intelligence cycle, 3-33

Tactical Interrogation Report (TIR). See Reports.
target development and target acquisition. See IEW tasks.
technical documents (TECHDOCs), 444-9

Technical Intelligence (TECHINT). See Reports.
termination phase. See also interrogation phases.
procedures, 3-26
reasons for, 3-28

terrain. See METT-T factors.
terrorists, 2-18

Theater Interrogation Facility (TIF)
functions of, 2-12
mission, 2-22

time available. See also METT-T factors.
at operational and strategic levels, 1-6
at tactical level, 1-6

translations
reports, 4-10
types of, 4-9

troops. See ME’IT-T factors.
U
UCMJ, iv, 1-9,l-12 Extract, A-1
FM 34-52 28 SEPTEMBER 1992

By Order of the Secretary of the Army:
GORDON R. SULLIVAN General, United States Army Chief of Staff

OFFICIAL:
MILTON H. HAMILTON
Administrative Assistant to the
Secretary of the Army

02404
DISTRIBUTION:
Active Army, USAR, and ARNG: To be distributed in accordance with DA Form 12-1 1El requirements for FM 34-52, Intelligence Interrogation (Qty rqr block no. 1 130).
‘U.S. Government Printing Office: 1992-627-027160015

Law of war documentary supplement 2010

PREFACE

This new version of the Documentary Supplement adds a few new sources as it deletes some others. The additions and deletions should not be looked upon as our assessment of the relative importance of either. All applicable treaties, law, and other regulations are equally important to the extent that they apply to an issue at hand; in attempting to compile a book of reasonable length, the difficulty is in deciding which sources apply to enough issues to warrant inclusion. Our standard here is simply this: as part of our plenary instruction, do we as instructors refer explicitly to such a source, with the expectation that students will have to actually read its various portions? Our focus on plenary instruction permits us to produce a document for general and repeated use; instruction in specialty subjects may involve its own set of supporting documents. The second aspect of the standard is critical, as our model of instruction places a premium on students digging into the treaties themselves in order to build their understanding.
Most notably, we have included that portion of Army Regulation 190-8 that includes guidance on the conduct of GC III Article 5 Tribunals. It is the only extract we offer, but it is impractical to include the entire lengthy regulation. We include any portion with trepidation, as a new version AR 190-8 is expected to be reissued soon, which will force a further update of this supplement. Nevertheless, it is a risk worth taking given the importance of AR 190-8 to our current instruction.
Please send your comments or suggestions to us at TJAGLCS, International and Operational Law Department, Attention: Documentary Supplement Editor, 600 Massie Road, Charlottesville, Virginia 22903-1781. To gain more detailed information or to discuss an issue with the editors, contact us at either DSN 521-3370; Commercial (434) 9713370; or john.harlow2@us.army.mil.
Brian J. Bill J. Porter Harlow CAPT, JAGC, USN Lieutenant Colonel, U.S. Marine Corps Co-Editor Co-Editor
TABLE OF CONTENTS

Charter of the United Nations, San Francisco, 26 June 1945 …………………………………………………………………………………….1

Statute of the International Court of Justice ………………………………………………………………………………………………………….16

United Nations General Assembly Resolution 3314 (XXIX). Definition of Aggression, 14 December

1974, New York …………………………………………………………………………………………………………………………………………24
Convention (III) relative to the Opening of Hostilities. The Hague, 18 October 1907…………………………………………………26
Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulation

concerning the Laws and Customs of War on Land. The Hague, 18 October 1907………………………………………………28 Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on
Land, The Hague, 18 October 1907 ………………………………………………………………………………………………………………36

Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare. Geneva, 17 June 1925 …………………………………………………………………………….39

Convention for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 14

May 1954…………………………………………………………………………………………………………………………………………………..40 Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on Their Destruction, 10 April 1972, Washington, London,
and Moscow ………………………………………………………………………………………………………………………………………………53

Executive Order 11850, Renunciation of Certain Uses in War of Chemical Herbicides And Riot
Control Agents, 8 April 1975 ……………………………………………………………………………………………………………………….56

Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May

be Deemed to be Excessively Injurious or to Have Indiscriminate Effects. Geneva, 10 October
1980 (CCW) ………………………………………………………………………………………………………………………………………………57

Amendment to Article 1 of the Convention on Prohibitions or Restrictions on the Use of Certain

Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects (CCW) ………………………………………………………………………………………………………………………61
Protocol on Non-Detectable Fragments (Protocol I). Geneva, 10 October 1980…………………………………………………………62
Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices

(Protocol II). Geneva, 10 October 1980 …………………………………………………………………………………………………………63

Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as
amended on 3 May 1996 (Protocol II as amended on 3 May 1996)……………………………………………………………………66
Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III). Geneva, 10

October 1980 ……………………………………………………………………………………………………………………………………………..75

Protocol onBlinding Laser Weapons (Protocol IV),13 October 1995 ……………………………………………………………………..76

Protocol onExplosive RemnantsofWar (Protocol V), 28November 2003 ………………………………………………………………77

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction, Paris, 13 January 1993 (CWC) ………………………………………………………………….83

Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines and on their Destruction, 18 September 1997 …………………………………………………………………………………….. 102

Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick In Armed
Forces in the Field of August 12, 1949, Geneva (GC I)…………………………………………………………………………………. 110

Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea of August 12, 1949, Geneva (GC II)…………………………………………………………… 123

Geneva Convention (III) Relative to the Treatment of Prisoners of War of August 12, 1949, Geneva,
(GC III) ………………………………………………………………………………………………………………………………………………….. 133

Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War of August 12,
1949, Geneva, (GC IV) …………………………………………………………………………………………………………………………….. 166

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of
Victims of International Armed Conflicts (Protocol I), 8 June 1977 ……………………………………………………………….. 197

Protocol I as an expression of customary international law ………………………………………………………………………………….. 232

More Authorities on the CustomaryInternational Law in Additional Protocols I and II …………………………………………… 236

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of

Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977……………………………………………………….. 237 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of
an Additional Distinctive Emblem (Protocol III)………………………………………………………………………………………….. 243
Field Manual 27-10, The Law of Land Warfare, July 1956………………………………………………………………………………….. 247
Department of Defense Directive 2311.01E, DoD Law of War Program, 9 May 2006…………………………………………….. 396
Army Regulation 190-8, Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other

Department of Defense Directive 2310.01E, DoD Detainee Program, 5 September 2006 ………………………………………… 402

Detainees, 1 October 1997 (extract)……………………………………………………………………………………………………………. 408
Vienna Convention on the Law of Treaties, 23 May 1969……………………………………………………………………………………. 428
Letter of Transmittal -Vienna Convention on the LawofTreaties, 22 November 1961…………………………………………… 445

Executive Order 12333, United StatesIntelligence Activities, 4 December 1981 ……………………………………………………. 414

Universal Declaration of Human Rights ……………………………………………………………………………………………………………. 452

International Covenant of Civil and Politcal Rights…………………………………………………………………………………………….. 455

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 26

June 1987 ……………………………………………………………………………………………………………………………………………….. 466

Rome Statute of the International Criminal Court, 17 July 1998 …………………………………………………………………………… 474

Index…………………………………………………………………………………………………………………………………………………………….. 516

Treaty Signatories and Ratifications

Chart current as of 12 May 2010

* The text of the Reservation, etc., is re-printed following the treaty text.
† On May 6, 2002, the United States informed the Secretary General that it does not intend to become a party to the treaty. Accordingly, the United States asserts that no legal obligations arise from its December 31, 2000 signature to the treaty.
For more detailed information, as well as links to the reservations that the U.S. and other countries have made, go to the ICRC website at https://www.icrc.org/ihl.nsf/INTRO?OpenView.
CHARTER OF THE UNITED
NATIONS

Preamble
WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
to promote social progress and better standards of life in large freedom,
AND FOR THESE ENDS
to practice tolerance and live together in peace with one another as good neighbors, and
to unite our strength to maintain international peace and security, and
to ensure by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and
to employ international machinery for the promotion of the economic and social advancement of all peoples,
HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS
Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.
Chapter I
Purposes and Principles
Article 1
The Purposes of the United Nations are:
1.
To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

2.
To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

3.
To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4.
To be a center for harmonizing the actions of nations in the attainment of these common ends.

Article 2
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
1.
The Organization is based on the principle of the sovereign equality of all its Members.

2.
All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.

3.
All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

4.
All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

5.
All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.

6.
The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.

7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.
Chapter II
Membership
Article 3

The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110.
Article 4

1.
Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.

2.
The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

Article 5

A member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.
Article 6

A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.
Chapter III
Organs
Article 7

1.
There are established as the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat.

2.
Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.

Article 8

The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.
Chapter IV
The General Assembly
Article 9
Composition

1.
The General Assembly shall consist of all the Members of the United Nations.

2.
Each member shall have not more than five representatives in the General Assembly.

Article 10
Functions and Powers

The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.
Article 11

1.
The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.

2.
The General Assembly may discuss any questions relating to the maintenance of international peace and

security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.
3.
The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.

4.
The powers of the General Assembly set forth in this Article shall not limit the general scope of Article

10.
Article 12
1.
While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.

2.
The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters.

Article 13
1. The General Assembly shall initiate studies and make recommendations for the purpose of:
a.
promoting international cooperation in the political field and encouraging the progressive development of international law and its codification;

b.
promoting international cooperation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

2. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1(b) above are set forth in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.
Article 15
1.
The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.

2.
The General Assembly shall receive and consider reports from the other organs of the United Nations.

Article 16
The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic.
Article 17
1.
The General Assembly shall consider and approve the budget of the Organization.

2.
The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.

3.
The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.

Article 18
Voting
1.
Each member of the General Assembly shall have one vote.

2.
Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1(c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.

3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.
Article 19

A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.
Article 20
Procedure

The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.
Article 21

The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session.
Article 22

The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions.
Chapter V
The Security Council
Article 23
Composition

1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
2.
The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate reelection.

3.
Each member of the Security Council shall have one representative.

Article 24
Functions and Powers

1.
In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.

2.
In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.

3.
The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

Article 25

The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.
Article 26

In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.
Article 27
Voting

1. Each member of the Security Council shall have one vote.
2.
Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.

3.
Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

Article 28
Procedure
1.
The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.

2.
The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.

3.
The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.

Article 29
The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.
Article 30
The Security Council shall adopt its own rules of procedure, including the method of selecting its President.
Article 31
Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.
Article 32
Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.
Chapter VI
Pacific Settlement of Disputes
Article 33
1.
The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

2.
The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 34
The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.
Article 35
1.
Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.

2.
A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.

3.
The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.

Article 36
1.
The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.

2.
The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.

3.
In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in

accordance with the provisions of the Statute of the Court.
Article 37

1.
Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.

2.
If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.

Article 38

Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.
Chapter VII

Action With Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression
Article 39

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Article 42

Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.
Article 43

1.
All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.

2.
Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.

3.
The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 40

In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.
Article 41

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial
Article 44

When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member’s armed forces.
Article 45

In order to enable the United Nations to take urgent military measures Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.
Article 46
Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.
Article 47
1.
There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council’s military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.

2.
The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee’s responsibilities requires the participation of that Member in its work.

3.
The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.

4.
The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.

Article 48
1.
The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.

2.
Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.

Article 49
The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.
Article 50
If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.
Article 51
Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
Chapter VIII
Regional Arrangements
Article 52
1.
Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.

2.
The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.

3.
The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.

4.
This Article in no way impairs the application of Articles 34 and 35.

Article 53
1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part. of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.

2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.
Article 54

The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.
Chapter IX
International Economic and Social Co-
Operation

Article 55

With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
a.
higher standards of living, full employment, and conditions of economic and social progress and development;

b.
solutions of international economic, social, health, and related problems; and international cultural and educational co-operation; and

c.
universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Article 56

All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article
55.
Article 57

1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63.
2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.
Article 58

The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.
Article 59

The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article
55.
Article 60

Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.
Chapter X
The Economic and Social Council
Article 61
Composition

1.
The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.

2.
Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.

3.
At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly.

4.
Each member of the Economic and Social Council shall have one representative.

Article 62 connection with the carrying out of the recommendations of the General Assembly.
Functions and Powers
1.
The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly, to the Members of the United Nations, and to the specialized agencies concerned.

2.
It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.

3.
It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.

4.
It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence.

Article 63
1.
The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly.

2.
It may coordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.

Article 64
1.
The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.

2.
It may communicate its observations on these reports to the General Assembly .

Article 65
The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request.
Article 66
1. The Economic and Social Council shall perform such functions as fall within its competence in
2.
It may, with the approval of the General Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies.

3.
It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly.

Article 67
Voting
1.
Each member of the Economic and Social Council shall have one vote.

2.
Decisions of the Economic and Social Council shall be made by a majority of the members present and voting.

Article 68
Procedure
The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions.
Article 69
The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.
Article 70
The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.
Article 71
The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.

Article 72 Article 74
1.
The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President.

2.
The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

Chapter XI

Declaration Regarding Non-Self-Governing
Territories

Article 73

Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:
a.
to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;

b.
to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;

c. to further international peace and security;

d.
to promote constructive measures of development, to encourage research, and to cooperate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and

e.
to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapter XII and XIII apply.

Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of good-neighborliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.
Chapter XII
International Trusteeship System
Article 75

The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.
Article 76

The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:
a. to further international peace and security;

b.
to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;

c.
to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and

d.
to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals and also equal treatment for the latter in the administration of justice without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.

Article 77

1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:
a. territories now held under mandate;

b.
territories which may be detached from enemy states as a result of the Second World War, and

c.
territories voluntarily placed under the system by states responsible for their administration.

2. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.
Article 78
The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.
Article 80
1.
Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.

2.
Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.

Article 81
The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization itself.
Article 82
There may be designated, in any trusteeship agreement, a strategic area or areas which may include part. or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43.
Article 83
1.
All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council.

2.
The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.

3.
The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political. economic, social, and educational matters in the strategic areas.

Article 84
It shall be the duty of the administering authority to ensure that the trust territory shall play its part. in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defense and the maintenance of law and order within the trust territory.
Article 85
1.
The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.

2.
The Trusteeship Council, operating under the authority of the General Assembly, shall assist the General Assembly in carrying out these functions.

Chapter XIII
The Trusteeship Council
Article 86
Composition
1. The Trusteeship Council shall consist of the following Members of the United Nations:
a. those Members administering trust territories;

b.
such of those Members mentioned by name in Article 23 as are not administering trust territories; and

c.
as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.

2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.
Article 87
Functions and Powers

The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:
a.
consider reports submitted by the administering authority;

b.
accept petitions and examine them in consultation with the administering authority;

c.
provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and

d.
take these and other actions in conformity with the terms of the trusteeship agreements.

Article 88

The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.
Article 89
Voting

1.
Each member of the Trusteeship Council shall have one vote.

2.
Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.

Article 90
Procedure

1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.
2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.
Article 91

The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.
Chapter XIV
The International Court of Justice
Article 92

The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute which is based upon the Statute of the Permanent Court of International Justice and forms an integral part. of the present Charter.
Article 93

1.
All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.

2.
A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.

Article 94

1.
Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.

2.
If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.

Article 95

Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.
Article 96 Article 101
1.
The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.

2.
Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

Chapter XV
The Secretariat
Article 97
The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.
Article 98
The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.
Article 99
The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.
Article 100
1.
In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.

2.
Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities .

1.
The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.

2.
Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part. of the Secretariat.

3.
The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

Chapter XVI
Miscellaneous Provisions
Article 102
1.
Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.

2.
No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.

Article 103
In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
Article 104
The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.
Article 105
1.
The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.

2.
Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary
for the independent exercise of their functions in connection with the Organization.

3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.
Chapter XVII
Transitional Security Arrangements
Article 106

Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow October 30, 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security.
Article 107

Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.
Chapter XVIII
Amendments
Article 108

Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.
Article 109

1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any seven members of the Security Council. Each Member of the United Nations shall have one vote in the conference.
2.
Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.

3.
If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.

Chapter XIX
Ratification and Signature
Article 110

1.
The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.

2.
The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.

3.
The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states.

4.
The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications.

Article 111

The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.
IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter.
DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five.

STATUTE OF THE
INTERNATIONAL COURT OF
JUSTICE

Article 1

The International Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute.
Chapter I
Organization of the Court
Article 2

The Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law.
Article 3

1.
The Court shall consist of fifteen members, no two of whom may be nationals of the same state.

2.
A person who for the purposes of membership in the Court could be regarded as a national of more than one state shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights.

Article 4

1.
The members of the Court shall be elected by the General Assembly and by the Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration, in accordance with the following provisions.

2.
In the case of Members of the United Nations not represented in the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments under the same conditions as those prescribed for members of the Permanent Court of Arbitration by Article 44 of the Convention of The Hague of 1907 for the pacific settlement of international disputes.

3.
The conditions under which a state which is a party to the present Statute but is not a Member of the United Nations may participate in electing the members of the Court shall, in the absence of a special

agreement, be laid down by the General Assembly upon recommendation of the Security Council.
Article 5

1.
At least three months before the date of the election, the Secretary-General of the United Nations shall address a written request to the members of the Permanent Court of Arbitration belonging to the states which are parties to the present Statute, and to the members of the national groups appointed under Article 4, paragraph 2, inviting them to undertake, within a given time, by national groups, the nomination of persons in a position to accept the duties of a member of the Court.

2.
No group may nominate more than four persons, not more than two of whom shall be of their own nationality. In no case may the number of candidates nominated by a group be more than double the number of seats to be filled.

Article 6

Before making these nominations, each national group is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national sections of international academies devoted to the study of law.
Article 7

1.
The Secretary-General shall prepare a list in alphabetical order of all the persons thus nominated. Save as provided in Article 12, paragraph 2, these shall be the only persons eligible.

2.
The Secretary-General shall submit this list to the General Assembly and to the Security Council.

Article 8

The General Assembly and the Security Council shall proceed independently of one another to elect the members of the Court.
Article 9

At every election, the electors shall bear in mind not only that the persons to be elected should individually possess the qualifications required, but also that in the body as a whole the representation of the main forms of civilization and of the principal legal systems of the world should be assured.
Article 10

1. Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected.
2.
Any vote of the Security Council, whether for the election of judges or for the appointment of members of the conference envisaged in Article 12, shall be taken without any distinction between permanent and non-permanent members of the Security Council.

3.
In the event of more than one national of the same state obtaining an absolute majority of the votes both of the General Assembly and of the Security Council, the eldest of these only shall be considered as elected.

Article 11
If, after the first meeting held for the purpose of the election, one or more seats remain to be filled, a second and, if necessary, a third meeting shall take place.
Article 12
1.
If, after the third meeting, one or more seats still remain unfilled, a joint conference consisting of six members, three appointed by the General Assembly and three by the Security Council, may be formed at any time at the request of either the General Assembly or the Security Council, for the purpose of choosing by the vote of an absolute majority one name for each seat still vacant, to submit to the General Assembly and the Security Council for their respective acceptance.

2.
If the joint conference is unanimously agreed upon any person who fulfills the required conditions, he may be included in its list, even though he was not included in the list of nominations referred to in Article 7.

3.
If the joint conference is satisfied that it will not be successful in procuring an election, those members of the Court who have already been elected shall, within a period to be fixed by the Security Council, proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council.

4.
In the event of an equality of votes among the judges, the eldest judge shall have a casting vote.

Article 13
1.
The members of the Court shall be elected for nine years and may be re-elected; provided, however, that of the judges elected at the first election, the terms of five judges shall expire at the end of three years and the terms of five more judges shall expire at the end of six years.

2.
The judges whose terms are to expire at the end of the above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General immediately after the first election has been completed.

3.
The members of the Court shall continue to discharge their duties until their places have been

filled. Though replaced, they shall finish any cases which they may have begun.
4. In the case of the resignation of a member of the Court, the resignation shall be addressed to the President of the Court for transmission to the Secretary-General. This last notification makes the place vacant.
Article 14
Vacancies shall be filled by the same method as that laid down for the first election subject to the following provision: the Secretary-General shall, within one month of the occurrence of the vacancy, proceed to issue the invitations provided for in Article 5, and the date of the election shall be fixed by the Security Council.
Article 15
A member of the Court elected to replace a member whose term of office has not expired shall hold office for the remainder of his predecessor's term.
Article 16
1.
No member of the Court may exercise any political or administrative function, or engage in any other occupation of a professional nature.

2.
Any doubt on this point shall be settled by the decision of the Court.

Article 17
1.
No member of the Court may act as agent, counsel, or advocate in any case.

2.
No member may participate in the decision of any case in which he has previously taken part. as agent, counsel, or advocate for one of the parties, or as a member of a national or international court, or of a commission of enquiry, or in any other capacity.

3.
Any doubt on this point shall be settled by the decision of the Court.

Article 18
1.
No member of the Court can be dismissed unless, in the unanimous opinion of the other members, he has ceased to fulfill the required conditions.

2.
Formal notification thereof shall be made to the Secretary-General by the Registrar.

3.
This notification makes the place vacant.

Article 19 Article 25
The members of the Court, when engaged on the business of the Court, shall enjoy diplomatic privileges and immunities.
Article 20

Every member of the Court shall, before taking up his duties, make a solemn declaration in open court that he will exercise his powers impartially and conscientiously.
Article 21

1.
The Court shall elect its President and Vice-President for three years; they may be re-elected.

2.
The Court shall appoint its Registrar and may provide for the appointment of such other officers as may be necessary.

Article 22

1.
The seat of the Court shall be established at The Hague. This, however, shall not prevent the Court from sitting and exercising its functions elsewhere whenever the Court considers it desirable.

2.
The President and the Registrar shall reside at the seat of the Court.

Article 23

1.
The Court shall remain permanently in session, except during the judicial vacations, the dates and duration of which shall be fixed by the Court.

2.
Members of the Court are entitled to periodic leave, the dates and duration of which shall be fixed by the Court, having in mind the distance between The Hague and the home of each judge.

3.
Members of the Court shall be bound, unless they are on leave or prevented from attending by illness or other serious reasons duly explained to the President, to hold themselves permanently at the disposal of the Court.

Article 24

1.
If, for some special reason, a member of the Court considers that he should not take part. in the decision of a particular case, he shall so inform the President.

2.
If the President considers that for some special reason one of the members of the Court should not sit in a particular case, he shall give him notice accordingly.

3.
If in any such case the member Court and the President disagree, the matter shall be settled by the decision of the Court.

1.
The full Court shall sit except when it is expressly provided otherwise in the present Statute.

2.
Subject to the condition that the number of judges available to constitute the Court is not thereby reduced below eleven, the Rules of the Court may provide for allowing one or more judges, according to circumstances and in rotation, to be dispensed from sitting.

3.
A quorum of nine judges shall suffice to constitute the Court.

Article 26

1.
The Court may from time to time form one or more chambers, composed of three or more judges as the Court may determine, for dealing with particular categories of cases; for example, labour cases and cases relating to transit and communications.

2.
The Court may at any time form a chamber for dealing with a particular case. The number of judges to constitute such a chamber shall be determined by the Court with the approval of the parties.

3.
Cases shall be heard and determined by the chambers provided for in this article if the parties so request.

Article 27

A judgment given by any of the chambers provided for in Articles 26 and 29 shall be considered as rendered by the Court.
Article 28

The chambers provided for in Articles 26 and 29 may, with the consent of the parties, sit and exercise their functions elsewhere than at The Hague.
Article 29

With a view to the speedy dispatch of business, the Court shall form annually a chamber composed of five judges which, at the request of the parties, may hear and determine cases by summary procedure. In addition, two judges shall be selected for the purpose of replacing judges who find it impossible to sit.
Article 30

1.
The Court shall frame rules for carrying out its functions. In particular, it shall lay down rules of procedure.

2.
The Rules of the Court may provide for assessors to sit with the Court or with any of its chambers, without the right to vote.

Article 31 and the Registrar shall have their traveling expenses refunded.
1.
Judges of the nationality of each of the parties shall retain their right to sit in the case before the 8. The above salaries, allowances, and compensation Court. shall be free of all taxation.

2.
If the Court includes upon the Bench a judge of the nationality of one of the parties, any other party may choose a person to sit as judge. Such person shall be chosen preferably from among those persons who have been nominated as candidates as provided in Articles 4 and 5.

3.
If the Court includes upon the Bench no judge of the nationality of the parties, each of these parties may proceed to choose a judge as provided in paragraph 2 of this Article.

4.
The provisions of this Article shall apply to the case of Articles 26 and 29. In such cases, the President shall request one or, if necessary, two of the members of the Court forming the chamber to give place to the members of the Court of the nationality of the parties concerned, and, failing such, or if they are unable to be present, to the judges specially chosen by the parties.

5.
Should there be several parties in the same interest, they shall, for the purpose of the preceding provisions, be reckoned as one party only. Any doubt upon this point shall be settled by the decision of the Court.

6.
Judges chosen as laid down in paragraphs 2, 3, and 4 of this Article shall fulfil the conditions required by Articles 2, 17 (paragraph 2), 20, and 24 of the present Statute. They shall take part. in the decision on terms of complete equality with their colleagues.

Article 32
1.
Each member of the Court shall receive an annual salary.

2.
The President shall receive a special annual allowance.

3.
The Vice-President shall receive a special allowance for every day on which he acts as President.

4.
The judges chosen under Article 31, other than members of the Court, shall receive compensation for each day on which they exercise their functions.

5.
These salaries, allowances, and compensation shall be fixed by the General Assembly. They may not be decreased during the term of office.

Article 33
The expenses of the Court shall be borne by the United Nations in such a manner as shall be decided by the General Assembly.
Chapter II
Competence of the Court
Article 34
1.
Only states may be parties in cases before the Court.

2.
The Court, subject to and in conformity with its Rules, may request of public international organizations information relevant to cases before it, and shall receive such information presented by such organizations on their own initiative.

3.
Whenever the construction of the constituent instrument of a public international organization or of an international convention adopted thereunder is in question in a case before the Court, the Registrar shall so notify the public international organization concerned and shall communicate to it copies of all the written proceedings.

Article 35
1.
The Court shall be open to the states parties to the present Statute.

2.
The conditions under which the Court shall be open to other states shall, subject to the special provisions contained in treaties in force, be laid down by the Security Council, but in no case shall such conditions place the parties in a position of inequality before the Court.

3.
When a state which is not a Member of the United Nations is a party to a case, the Court shall fix the amount which that party is to contribute towards the expenses of the Court. This provision shall not apply if such state is bearing a share of the expenses of the Court

6.
The salary of the Registrar shall be fixed by the General Assembly on the proposal of the Court.

7.
Regulations made by the General Assembly shall fix the conditions under which retirement pensions may be given to members of the Court and to the Registrar, and the conditions under which members of the Court

Article 36
1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.

2. The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:
a.
the interpretation of a treaty;

b.
any question of international law;

c.
the existence of any fact which, if established, would constitute a breach of an international obligation;

d.
the nature or extent of the reparation to be made for the breach of an international obligation.

3.
The declarations referred to above may be made unconditionally or on condition of reciprocity on the part. of several or certain states, or for a certain time.

4.
Such declarations shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the parties to the Statute and to the Registrar of the Court.

5.
Declarations made under Article 36 of the Statute of the Permanent Court of International Justice and which are still in force shall be deemed, as between the parties to the present Statute, to be acceptances of the compulsory jurisdiction of the International Court of Justice for the period which they still have to run and in accordance with their terms.

6.
In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court.

Article 37

Whenever a treaty or convention in force provides for reference of a matter to a tribunal to have been instituted by the League of Nations, or to the Permanent Court of International Justice, the matter shall, as between the parties to the present Statute, be referred to the International Court of Justice.
Article 38

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:
a.
international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

b.
international custom, as evidence of a general practice accepted as law;

c.
the general principles of law recognized by civilized nations;

d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.
Chapter III
Procedure
Article 39

1.
The official languages of the Court shall be French and English. If the parties agree that the case shall be conducted in French, the judgment shall be delivered in French. If the parties agree that the case shall be conducted in English, the judgment shall be delivered in English.

2.
In the absence of an agreement as to which language shall be employed, each party may, in the pleadings, use the language which it prefers; the decision of the Court shall be given in French and English. In this case the Court shall at the same time determine which of the two texts shall be considered as authoritative.

3.
The Court shall, at the request of any party, authorize a language other than French or English to be used by that party.

Article 40

1.
Cases are brought before the Court, as the case may be, either by the notification of the special agreement or by a written application addressed to the Registrar. In either case the subject of the dispute and the parties shall be indicated.

2.
The Registrar shall forthwith communicate the application to all concerned.

3.
He shall also notify the Members of the United Nations through the Secretary-General, and also any other states entitled to appear before the Court.

Article 41

1.
The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to preserve the respective rights of either party.

2.
Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and to the Security Council

Article 42 Article 48
1.
The parties shall be represented by agents.

2.
They may have the assistance of counsel or advocates before the Court.

3.
The agents, counsel, and advocates of parties before the Court shall enjoy the privileges and immunities necessary to the independent exercise of their duties.

Article 43
1.
The procedure shall consist of two parts: written and oral.

2.
The written proceedings shall consist of the communication to the Court and to the parties of memorials, counter-memorials and, if necessary, replies; also all papers and documents in support.

3.
These communications shall be made through the Registrar, in the order and within the time fixed by the Court.

4.
A certified copy of every document produced by one party shall be communicated to the other party.

5.
The oral proceedings shall consist of the hearing by the Court of witnesses, experts, agents, counsel, and advocates.

Article 44
1.
For the service of all notices upon persons other than the agents, counsel, and advocates, the Court shall apply direct to the government of the state upon whose territory the notice has to be served.

2.
The same provision shall apply whenever steps are to be taken to procure evidence on the spot.

Article 45
The hearing shall be under the control of the President or, if he is unable to preside, of the Vice-President; if neither is able to preside, the senior judge present shall preside.
Article 46
The hearing in Court shall be public, unless the Court shall decide otherwise, or unless the parties demand that the public be not admitted.
Article 47
1.
Minutes shall be made at each hearing and signed by the Registrar and the President.

2.
These minutes alone shall be authentic.

The Court shall make orders for the conduct of the case, shall decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence.
Article 49
The Court may, even before the hearing begins, call upon the agents to produce any document or to supply any explanations. Formal note shall be taken of any refusal.
Article 50
The Court may, at any time, entrust any individual, body, bureau, commission, or other organization that it may select, with the task of carrying out an enquiry or giving an expert opinion.
Article 51
During the hearing any relevant questions are to be put to the witnesses and experts under the conditions laid down by the Court in the rules of procedure referred to in Article 30.
Article 52
After the Court has received the proofs and evidence within the time specified for the purpose, it may refuse to accept any further oral or written evidence that one party may desire to present unless the other side consents.
Article 53
1.
Whenever one of the parties does not appear before the Court, or fails to defend its case, the other party may call upon the Court to decide in favour of its claim.

2.
The Court must, before doing so, satisfy itself, not only that it has jurisdiction in accordance with Articles 36 and 37, but also that the claim is well founded in fact and law.

Article 54
1.
When, subject to the control of the Court, the agents, counsel, and advocates have completed their presentation of the case, the President shall declare the hearing closed.

2.
The Court shall withdraw to consider the judgment.

3.
The deliberations of the Court shall take place in private and remain secret.

Article 55

1.
All questions shall be decided by a majority of the judges present.

2.
In the event of an equality of votes, the President or the judge who acts in his place shall have a casting vote.

Article 56

1.
The judgment shall state the reasons on which it is based.

2.
It shall contain the names of the judges who have taken part. in the decision.

Article 57

If the judgment does not represent in whole or in part. the unanimous opinion of the judges, any judge shall be entitled to deliver a separate opinion.
Article 58

The judgment shall be signed by the President and by the Registrar. It shall be read in open court, due notice having been given to the agents.
Article 59

The decision of the Court has no binding force except between the parties and in respect of that particular case.
Article 60

The judgment is final and without appeal. In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party.
Article 61

1.
An application for revision of a judgment may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to the party claiming revision, always provided that such ignorance was not due to negligence.

2.
The proceedings for revision shall be opened by a judgment of the Court expressly recording the existence of the new fact, recognizing that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.

3.
The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.

4.
The application for revision must be made at latest within six months of the discovery of the new fact.

5.
No application for revision may be made after the lapse of ten years from the date of the judgment.

Article 62

l. Should a state consider that it has an interest of a legal nature which may be affected by the decision in the case, it may submit a request to the Court to be permitted to intervene.
2. It shall be for the Court to decide upon this request.
Article 63

1.
Whenever the construction of a convention to which states other than those concerned in the case are parties is in question, the Registrar shall notify all such states forthwith.

2.
Every state so notified has the right to intervene in the proceedings; but if it uses this right, the construction given by the judgment will be equally binding upon it.

Article 64

Unless otherwise decided by the Court, each party shall bear its own costs.
Chapter IV
Advisory Opinions
Article 65

1.
The Court may give an advisory opinion on any legal question at the request of whatever body may be authorized by or in accordance with the Charter of the United Nations to make such a request.

2.
Questions upon which the advisory opinion of the Court is asked shall be laid before the Court by means of a written request containing an exact statement of the question upon which an opinion is required, and accompanied by all documents likely to throw light upon the question.

Article 66

1.
The Registrar shall forthwith give notice of the request for an advisory opinion to all states entitled to appear before the Court.

2.
The Registrar shall also, by means of a special and direct communication, notify any state entitled to appear before the Court or international organization considered by the Court, or, should it not be sitting, by

the President, as likely to be able to furnish information on the question, that the Court will be prepared to receive, within a time limit to be fixed by the President, written statements, or to hear, at a public sitting to be held for the purpose, oral statements relating to the question.
3.
Should any such state entitled to appear before the Court have failed to receive the special communication referred to in paragraph 2 of this Article, such state may express a desire to submit a written statement or to be heard; and the Court will decide.

4.
States and organizations having presented written or oral statements or both shall be permitted to comment on the statements made by other states or organizations in the form, to the extent, and within the time limits which the Court, or, should it not be sitting, the President, shall decide in each particular case. Accordingly, the Registrar shall in due time communicate any such written statements to states and organizations having submitted similar statements.

Article 67
The Court shall deliver its advisory opinions in open court, notice having been given to the Secretary-General and to the representatives of Members of the United Nations, of other states and of international organizations immediately concerned.
Article 68
In the exercise of its advisory functions the Court shall further be guided by the provisions of the present Statute which apply in contentious cases to the extent to which it recognizes them to be applicable.
Chapter V
Amendment
Article 69
Amendments to the present Statute shall be effected by the same procedure as is provided by the Charter of the United Nations for amendments to that Charter, subject however to any provisions which the General Assembly upon recommendation of the Security Council may adopt concerning the participation of states which are parties to the present Statute but are not Members of the United Nations.
Article 70
The Court shall have power to propose such amendments to the present Statute as it may deem necessary, through written communications to the Secretary-General, for consideration in conformity with the provisions of Article 69.

UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 3314 (XXIX). DEFINITION OF AGGRESSION
The General Assembly,
Having considered the report of the Special Committee on the Question of Defining Aggression, established pursuant to its resolution 2330(XXII) of 18 December 1967, covering the work of its seventh session held from 11 March to 12 April 1974, including the draft Definition of Aggression adopted by the Special Committee by consensus and recommended for adoption by the General Assembly;
Deeply convinced that the adoption of the Definition of Aggression would contribute to the strengthening of international peace and security,
1.
Approves the Definition of Aggression, the text of which is annexed to the present resolution;

2.
Expresses its appreciation to the Special Committee on the Question of Defining Aggression for its work which resulted in the elaboration of the Definition of Aggression;

3.
Calls upon all States to refrain from all acts of aggression and other uses of force contrary to the Charter of the United Nations and the Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations;

4.
Calls the attention of the Security Council to the Definition of Aggression, as set out below, and recommends that it should, as appropriate, take account of that Definition as guidance in determination, in accordance with the Charter, the existence of an act of aggression.

2319th plenary meeting
14 December 1974
ANNEX
DEFINITION OF AGGRESSION

The General Assembly,
Basing itself on the fact that one of the fundamental purposes of the United Nations is to maintain international peace and security and to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, Recalling that the Security Council, in accordance with Article 39 of the Charter of the United Nations, shall determine the existence of any threat to the peace, breach of the peace or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security,
Recalling also the duty of States under the Charter to settle their international disputes by peaceful means in order not to endanger international peace, security and justice,
Bearing in mind that nothing in this Definition shall be interpreted as in any way affecting the scope of the provisions of the Charter with respect to the functions and powers of the organs of the United Nations,
Considering also that, since aggression is the most serious and dangerous form of the illegal use of force, being fraught, in the conditions created by the existence of all types of weapons of mass destruction, with the possible threat of a world conflict and all its catastrophic consequences, aggression should be defined at the present stage,
Reaffirming the duty of States not to use armed force to deprive peoples of their right to self-determination, freedom and independence, or to disrupt territorial Integrity,
Reaffirming also that the territory of a State shall not be violated by being the object, even temporarily, of military occupation or of other measures of force taken by another State in contravention of the Charter, and that it shall not be the object of acquisition by another State resulting from such measures or the threat thereof,
Reaffirming also the provisions of the Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,
Convinced that the adoption of a definition of aggression ought to have the effect of deterring a potential aggressor, would simplify the determination of acts of aggression and the implementation of measures to suppress them and would also facilitate the protection of the rights and lawful interests of, and the rendering of assistance to, the victim,
Believing that, although the question whether an act of aggression has been committed must be considered in the light of all the circumstances of each particular case, it is nevertheless desirable to formulate basic principles as guidance for such determination,
Adopts the following Definition of Aggression:
Article 1
Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition.
Explanatory note: In this Definition the term “State”:
a.
Is used without prejudice to questions of recognition or to whether a State is a member of the United Nations;

b.
Includes the concept of a “group of States” where appropriate.

Article 2
The first use of armed force by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression although the Security Council may, in conformity with the Charter, conclude that a determination that an act of aggression has been committed would not be justified in the light of other relevant circumstances, including the fact that the acts concerned or their consequences are not of sufficient gravity.
Article 3
Any of the following acts, regardless of a declaration of war, shall, subject to and in accordance with the provisions of article 2, qualify as an act of aggression:
a.
The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part. thereof,

b.
Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;

c.
The blockade of the ports or coasts of a State by the armed forces of another State;

d.
An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;

e.
The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;

f.
The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;

g. The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein.
Article 4
The acts enumerated above are not exhaustive and the Security Council may determine that other acts constitute aggression under the provisions of the Charter.
Article 5
1.
No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.

2.
A war of aggression is a crime against international peace. Aggression gives rise to international responsibility.

3.
No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful.

Article 6
Nothing in this Definition shall be construed as in any way enlarging or diminishing the scope of the Charter, including its provisions concerning cases in which the use of force is lawful.
Article 7
Nothing in this Definition, and in particular article 3, could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration of Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes or other forms of alien domination; nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration.
Article 8
In their interpretation and application the above provisions are interrelated and each provision should be construed in the context of the other provisions.

CONVENTION (III) RELATIVE TO THE OPENING OF HOSTILITIES
THE HAGUE
18 OCTOBER 1907

His Majesty the German Emperor, King of Prussia; [etc.]
Considering that it is important, in order to ensure the maintenance of pacific relations, that hostilities should not commence without previous warning;
That it is equally important that the existence of a state of war should be notified without delay to neutral Powers;
Being desirous of concluding a Convention to this effect, have appointed the following as their Plenipotentiaries:
[Here follow the names of plenipotentiaries.]
Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions:
Article 1

Article 1 of the present Convention shall take effect in case of war between two or more of the Contracting Powers.
Article 2 is binding as between a belligerent Power which is a party to the Convention and neutral Powers which are also parties to the Convention.
Article 4

The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratification shall be recorded in a procès-verbal signed by the Representatives of the Powers which take part. therein and by the Netherlands Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherlands Government and accompanied by the instrument of ratification.
A duly certified copy of the procès-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent by the Netherlands Government through the diplomatic channel to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall at the same time inform them of the date on which it received the notification.
Article 5

Non-Signatory Powers may adhere to the present Convention.
The Power which wishes to adhere notifies in writing its intention to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.
The said Government shall at once forward to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, stating the date on which it received the notification.
Article 6

The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procès-verbal of that deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.
Article 7

In the event of one of the High Contracting Parties wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.
The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.
Article 8
A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 4, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 5, paragraph 2) or of denunciation (Article 7, paragraph 1) have been received.
Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it.
In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.
Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference.

CONVENTION (IV) RESPECTING
THE LAWS AND CUSTOMS OF
WAR ON LAND AND ITS ANNEX:
REGULATION CONCERNING THE
LAWS AND CUSTOMS OF WAR ON
LAND

THE HAGUE
18 OCTOBER 1907

[Here follows the list of Sovereigns and Heads of State who sent Plenipotentiaries to the Conference]
Seeing that while seeking means to preserve peace and prevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert;
Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization;
Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible;
Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define land govern the usages of war on land.
According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants.
It has not, however, been found possible at present to concert regulations covering all the circumstances which arise in practice;
On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military commanders.
Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.
They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood.
The High Contracting Parties, wishing to conclude a fresh Convention to this effect, have appointed the following as their Plenipotentiaries:
[Here follow the names of Plenipotentiaries]
Who, after having deposited their full powers, found in good and due form, have agreed upon the following:
Article 1

The Contracting Powers shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the laws and customs of war on land, annexed to the present Convention.
Article 2

The provisions contained in the Regulations referred to in Article 1, as well as in the present Convention, do not apply except between Contracting powers, and then only if all the belligerents are parties to the Convention.
Article 3

A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part. of its armed forces.
Article 4

The present Convention, duly ratified, shall as between the Contracting Powers, be substituted for the Convention of 29 July 1899, respecting the laws and customs of war on land.
The Convention of 1899 remains in force as between the Powers which signed it, and which do not also ratify the present Convention.
Article 5
The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a procès-verbal signed by the Representatives of the Powers which take part. therein and by the Netherlands Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherlands Government and accompanied by the instrument of ratification.
A duly certified copy of the procès-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be immediately sent by the Netherlands Government, through the diplomatic channel, to the powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall at the same time inform them of the date on which it received the notification.
Article 6
Non-Signatory Powers may adhere to the present Convention.
The Power which desires to adhere notifies in writing its intention to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.
This Government shall at once transmit to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification.
Article 7
The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procès-verbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherlands Government.
Article 8
In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received.
The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.
Article 9
A register kept by the Netherlands Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 5, paragraphs 3 land 4, as well as the date on which the notifications of adhesion (Article 6, paragraph 2), or of denunciation (Article 8, paragraph 1) were received.
Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts.
IN FAITH WHEREOF the Plenipotentiaries have appended their signatures to the present Convention.
DONE at The Hague 18 October 1907, in a single copy, which shall remain deposited in the archives of the Netherlands Government, and duly certified copies of which shall be sent, through the diplomatic channel to the Powers which have been invited to the Second Peace Conference.
(Here follow signatures)

ANNEX TO THE CONVENTION

REGULATIONS RESPECTING THE
LAWS AND CUSTOMS OF WAR ON
LAND

Section I
On Belligerents
Chapter I
The qualifications of belligerents
Article 1

The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:
1.
To be commanded by a person responsible for his subordinates;

2.
To have a fixed distinctive emblem recognizable at a distance;

3.
To carry arms openly; and

4.
To conduct their operations in accordance with the laws and customs of war.

In countries where militia or volunteer corps constitute the army, or form part. of it, they are included under the denomination “army.”
Article 2

The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.
Article 3

The armed forces of the belligerent parties may consist of combatants and non-combatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.
Chapter II
Prisoners of war
Article 4

Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them.
They must be humanely treated.
All their personal belongings, except arms, horses, and military papers, remain their property.
Article 5

Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits; but they cannot be confined except as in indispensable measure of safety land only while the circumstances which necessitate the measure continue to exist.
Article 6

The State may utilize the labour of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war.
Prisoners may be authorized to work for the public service, for private persons, or on their own account.
Work done for the State is paid for at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed.
When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities.
The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance.
Article 7

The Government into whose hands prisoners of war have fallen is charged with their maintenance.
In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.
Article 8

Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary.
Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment.
Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.
Article 9
Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed.
Article 10
Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government and the Government by whom they were made prisoners, the engagements they have contracted.
belligerent States, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this office to reply to all inquiries about the prisoners. It receives from the various services concerned full information respecting internments arid transfers. releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out land keep up to date an individual return for each prisoner of war. The office must state in this return the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observations of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace.
It is likewise the function of the inquiry office to receive and collect all objects of personal use, valuables, letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned.
Article 15
In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given.
Article 11
A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole.
Article 12
Prisoners of war liberated on parole and recaptured bearing arms against the Government to whom they had pledged their honour, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the courts.
Article 13
Individuals who follow an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers and contractors, who fall into the enemy’s hands and whom the latter thinks expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the army which they were accompanying.
Relief societies for prisoners of war, which are properly constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents, for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. Agents of these societies may be admitted to the places of internment for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an undertaking in writing to comply with all measures of order and police which the latter may issue.
Article 16
Inquiry offices enjoy the privilege of free postage. Letters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through.
Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties, as well as of payments for carriage by the State railways.
Article 17
Article 14
Officers taken prisoners shall receive the same rate of
An inquiry office for prisoners of war is instituted on
pay as officers of corresponding rank in the country
the commencement of hostilities in each of the where they are detained, the amount to be ultimately refunded by their own Government.

Article 18

Prisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of whatever church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.
Article 19

The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army.
The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank.
Article 20

After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.
Chapter III
The sick and wounded
Article 21

The obligations of belligerents with regard to the sick and wounded are governed by the Geneva Convention.
Section II
Hostilities
Chapter I
Means of injuring the enemy, sieges, and bombardments
Article 22

The right of belligerents to adopt means of injuring the enemy is not unlimited.
Article 23

In addition to the prohibitions provided by special Conventions, it is especially forbidden
(a) To employ poison or poisoned weapons;

(b) To kill or wound treacherously individuals belonging to the hostile nation or army;
(c)
To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion;

(d) To declare that no quarter will be given;

(e)
To employ arms, projectiles, or material calculated to cause unnecessary suffering;

(f)
To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention;

(g)
To destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war;

(h)
To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part. in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war.

Article 24

Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible.
Article 25

The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited.
Article 26

The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities.
Article 27

In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.
It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.
Article 28

The pillage of a town or place, even when taken by assault, is prohibited.
Chapter II Article 34
Spies
Article 29
A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.
Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy’s army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory.
Article 30
A spy taken in the act shall not be punished without previous trial.
Article 31
A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.
Chapter III
Flags of truce
Article 32
A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompany him.
Article 33
The commander to whom a parlementaire is sent is not in all cases obliged to receive him.
He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information.
In case of abuse, he has the right to detain the parlementaire temporarily.
The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treason.
Chapter IV
Capitulations
Article 35
Capitulations agreed upon between the Contracting Parties must take into account the rules of military honour.
Once settled, they must be scrupulously observed by both parties.
Chapter V
Armistices
Article 36
An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.
Article 37
An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.
Article 38
An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed.
Article 39
It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other.

Article 40 Article 48
Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.
Article 41

Military Authority over the Territory of the Hostile State
Article 42

Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.
Article 43

The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
Article 44

A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.
Article 45

It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power.
Article 46

Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected.
Private property cannot be confiscated.
Article 47

Pillage is formally forbidden.
If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.
Article 49

If, in addition to the taxes mentioned in the above article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question.
Article 50

No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.
Article 51

No contribution shall be collected except under a written order, and on the responsibility of a commander-in-chief.
The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force.
For every contribution a receipt shall be given to the contributors.
Article 52

An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.
All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made.
Article 54
Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made.
Article 55
The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
Article 56
The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.
All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art. and science, is forbidden, and should be made the subject of legal proceedings.

CONVENTION (V) RESPECTING
THE RIGHTS AND DUTIES OF
NEUTRAL POWERS AND PERSONS
IN CASE OF WAR ON LAND

THE HAGUE
18 OCTOBER 1907

With a view to laying down more clearly the rights and duties of neutral Powers in case of war on land and regulating the position of the belligerents who have taken refuge in neutral territory;
Being likewise desirous of defining the meaning of the term “neutral,” pending the possibility of settling, in its entirety, the position of neutral individuals in their relations with the belligerents;
Have resolved to conclude a Convention to this effect, and have, in consequence, appointed the following as their Plenipotentiaries:
(List of Plenipotentiaries.)
Who, after having deposited their full powers, found in good and due form, have agreed upon the following full powers, found in good and due form, have agreed upon the following provisions:
Chapter I
The Rights and Duties of Neutral Powers
Article 1

The territory of neutral Powers is inviolable.
Article 2

Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power.
Article 3

Belligerents are likewise forbidden to:
(a) Erect on the territory of a neutral Power a wireless telegraphy station or other apparatus for the purpose of communicating with belligerent forces on land or sea;
(b) Use any installation of this kind established by them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages.
Article 4

Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral Power to assist the belligerents.
Article 5

A neutral Power must not allow any of the acts referred to in Articles 2 to 4 to occur on its territory.
It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory.
Article 6

The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontier separately to offer their services to one of the belligerents.
Article 7

A neutral Power is not called upon to prevent the export or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet.
Article 8

A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to companies or private individuals.
Article 9

Every measure of restriction or prohibition taken by a neutral Power in regard to the matters referred to in Articles 7 and 8 must be impartially applied by it to both belligerents.
A neutral Power must see to the same obligation being observed by companies or private individuals owning telegraph or telephone cables or wireless telegraphy apparatus.
Art. 10

The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act.
Chapter II
Belligerents Interned and Wounded Tended in Neutral Territory
Article 11
A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war.
It may keep them in camps and even confine them in fortresses or in places set apart. for this purpose.
It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission.
Article 12
In the absence of a special convention to the contrary, the neutral Power shall supply the interned with the food, clothing, and relief required by humanity.
At the conclusion of peace the expenses caused by the internment shall be made good.
Article 13
A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.
The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral Power.
Article 14
A neutral Power may authorize the passage over its territory of the sick and wounded belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel nor war material. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose.
The sick or wounded brought under the these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral Power so as to ensure their not taking part. again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care.
Article 15
The Geneva Convention applies to sick and wounded interned in neutral territory.
Chapter III
Neutral Persons
Article 16
The nationals of a State which is not taking part. in the war are considered as neutrals.
Article 17
A neutral cannot avail himself of his neutrality
(a)
If he commits hostile acts against a belligerent;

(b)
If he commits acts in favor of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties. In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neutrality than a national of the other belligerent State could be for the same act.

Article 18
The following acts shall not be considered as committed in favour of one belligerent in the sense of Article 17, letter (b):
(a)
Supplies furnished or loans made to one of the belligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories;

(b)
Services rendered in matters of police or civil administration.

Chapter IV
Railway Material
Article 19
Railway material coming from the territory of neutral Powers, whether it be the property of the said Powers or of companies or private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon possible to the country of origin.
A neutral Power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent Power.
Compensation shall be paid by one Party or the other in proportion to the material used, and to the period of usage.

Chapter V of their adhesion has been received by the Netherlands Government.
Final Provisions
Article 20

The provisions of the present Convention do not apply except between Contracting Powers and then only if all the belligerents are Parties to the Convention.
Article 21

The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at The Hague.
The first deposit of ratifications shall be recorded in a procès-verbal signed by the representatives of the Powers which take part. therein and by the Netherlands Minister for Foreign Affairs.
The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherlands Government and accompanied by the instrument of ratification.
A duly certified copy of the procès-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, and of the instruments of ratification shall be immediately sent by the Netherlands Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall at the same time inform them of the date on which it received the notification.
Article 22

Non-Signatory Powers may adhere to the present Convention.
The Power which desires to adhere notifies its intention in writing to the Netherlands Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government.
This Government shall immediately forward to all the other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification.
Article 23

The present Convention shall come into force, in the case of the Powers which were a Party to the first deposit of ratifications, sixty days after the date of the procès-verbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or
Article 24

In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherlands Government, which shall immediately communicate a duly certified copy of the notification to all the other Powers, informing them at the same time of the date on which it was received.
The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the Netherlands Government.
Article 25

A register kept by the Netherlands Ministry of Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 21, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 22, paragraph 2) or of denunciation (Article 24, paragraph 1) have been received.
Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it.
In faith whereof the Plenipotentiaries have appended their signatures to the present Convention.
PROTOCOL FOR THE
PROHIBITION OF THE USE OF
ASPHYXIATING, POISONOUS OR
OTHER GASES, AND OF
BACTERIOLOGICAL METHODS
OF WARFARE

DONE AT GENEVA
17 JUNE 1925
The undersigned Plenipotentiaries, in the name of their respective Governments:
(Here follow the names of Plenipotentiaries)
Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids materials or devices, has been justly condemned by the general opinion of the civilized world; and
Whereas the prohibition of such use has been declared in Treaties to which the majority of Powers of the world are Parties; and
To the end that this prohibition shall be universally accepted as a part. of International Law, binding alike the conscience and the practice of nations;
Declare:
That the High Contracting Parties, so far as they are not already Parties to Treaties prohibiting such use, accept this prohibition, agree to extend this prohibition to the use of bacteriological methods of warfare and agree to be bound as between themselves according to the terms of this declaration.
The High Contracting Parties will exert every effort to induce other States to accede to the present Protocol. Such accession will be notified to the Government of the French Republic, and by the latter to all Signatory and Acceding Powers, and will take effect on the date of the notification by the Government of the French Republic.
The present Protocol of which the French and English texts are both authentic, shall be ratified as soon as possible. It shall bear today's date.
The ratifications of the present Protocol shall be addressed to the Government of the French Republic, which will at once notify the deposit of such ratification to each of the Signatory and Acceding Powers.
The instruments of ratification and accession to the present Protocol will remain deposited in the archives of the Government of the French Republic.
The present Protocol will come into force for each Signatory Power as from the date of deposit of its ratification, and, from that moment, each Power will be bound as regards other Powers which have already deposited their ratifications.
IN WITNESS WHEREOF the Plenipotentiaries have signed the present Protocol.
DONE at Geneva in a single copy, the seventeenth day of June, One Thousand Nine Hundred and Twenty-Five.
U.S. RESERVATION
The Protocol shall cease to be binding on the government of the United States with respect to the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials, or devices, in regard to an enemy state if such state or any of its allies fails to respect the prohibitions laid down in the Protocol.

CONVENTION FOR THE
PROTECTION OF CULTURAL
PROPERTY IN THE EVENT OF
ARMED CONFLICT

THE HAGUE
14 MAY 1954

The High Contracting Parties,
Recognizing that cultural property has suffered grave damage during recent armed conflicts and that, by reason of the developments in the technique of warfare, it is in increasing danger of destruction;
Being convinced that damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world;
Considering that the preservation of the cultural heritage is of great importance for all peoples of the world and that it is important that this heritage should receive international protection;
Guided by the principles concerning the protection of cultural property during armed conflict, as established in the Conventions of The Hague of 1899 and of 1907 and in the Washington Pact of 15 April 1935;
Being of the opinion that such protection cannot be effective unless both national and international measures have been taken to organize it in time of peace;
Being determined to take all possible steps to protect cultural property;
Have agreed upon the following provisions:
Chapter I
General Provisions Regarding Protection
Article 1
Definition of Cultural Property

For the purposes of the present Convention, the term “cultural property” shall cover, irrespective of origin or ownership:
(a)
movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art. or history, whether religious or secular; archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest; works of art; manuscripts, books and other objects of artistic, historical or archaeological interest; as well as scientific collections and important collections of books or archives or of reproductions of the property defined above;

(b)
buildings whose main and effective purpose is to preserve or exhibit the movable cultural property defined in sub-paragraph (a) such as museums, large libraries and depositories of archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural property defined in subparagraph (a);

(c)
centres containing a large amount of cultural property as defined in sub-paragraphs (a) and (b), to be known as “centres containing monuments.”

Article 2
Protection of Cultural Property

For the purposes of the present Convention, the protection of cultural property shall comprise the safeguarding of and respect for such property.
Article 3
Safeguarding of Cultural Property

The High Contracting Parties undertake to prepare in time of peace for the safeguarding of cultural property situated within their own territory against the foreseeable effects of an armed conflict, by taking such measures as they consider appropriate.
Article 4
Respect for Cultural Property

1.
The High Contracting Parties undertake to respect cultural property situated within their own territory as well as within the territory of other High Contracting Parties by refraining from any use of the property and its immediate surroundings or of the appliances in use for its protection for purposes which are likely to expose it to destruction or damage in the event of armed conflict; and by refraining from any act of hostility directed against such property.

2.
The obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.

3.
The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property. They shall, refrain from requisitioning movable cultural property situated in the territory of another High Contracting Party.

4.
They shall refrain from any act directed by way of reprisals against cultural property.

5.
No High Contracting Party may evade the obligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason of the fact that the latter has not applied the measures of safeguard referred to in Article 3.

Article 5
Occupation
1.
Any High Contracting Party in occupation of the whole or part. of the territory of another High Contracting Party shall as far as possible support the competent national authorities of the occupied country in safeguarding and preserving its cultural property.

2.
Should it prove necessary to take measures to preserve cultural property situated in occupied territory and damaged by military operations, and should the competent national authorities be unable to take such measures, the Occupying Power shall, as far as possible, and in close co-operation with such authorities, take the most necessary measures of preservation.

3.
Any High Contracting Party whose government is considered their legitimate government by members of a resistance movement, shall, if possible, draw their attention to the obligation to comply with those provisions of the Conventions dealing with respect for cultural property.

Article 6
Distinctive Marking of Cultural Property
In accordance with the provisions of Article 16, cultural property may bear a distinctive emblem so as to facilitate its recognition.
Article 7
Military Measures
1. The High Contracting Parties undertake to introduce in time of peace into their military regulations or instructions such provisions as may ensure observance of the present Convention, and to foster in the members of their armed forces a spirit of respect for the culture and cultural property of all peoples.
2. The High Contracting Parties undertake to plan or establish in peacetime, within their armed forces, services or specialist personnel whose purpose will be to secure respect for cultural property and to co-operate with the civilian authorities responsible for safeguarding it.
Chapter II
Special Protection
Article 8
Granting of Special Protection
1. There may be placed under special protection a limited number of refuges intended to shelter movable cultural property in the event of armed conflict, of centres containing monuments and other immovable cultural property of very great importance, provided that they:
(a) are situated at an adequate distance from any large industrial centre or from any important military objective constituting a vulnerable point, such as, for example, an aerodrome, broadcasting station, establishment engaged upon work of national defence, a port or railway station of relative importance or a main line of communication;
(b) are not used for military purposes.
2.
A refuge for movable cultural property may also be placed under special protection, whatever its location, if it is so constructed that, in all probability, it will not be damaged by bombs.

3.
A centre containing monuments shall be deemed to be used for military purposes whenever it is used for the movement of military personnel or material, even in transit. The same shall apply whenever activities directly connected with military operations, the stationing of military personnel, or the production of war material are carried on within the centre.

4.
The guarding of cultural property mentioned in paragraph 1 above by armed custodians specially empowered to do so, or the presence, in the vicinity of such cultural property, of police forces normally responsible for the maintenance of public order, shall not be deemed to be used for military purposes.

5.
If any cultural property mentioned in paragraph 1 of the present Article is situated near an important military objective as defined in the said paragraph, it may nevertheless be placed under special protection if the High Contracting Party asking for that protection undertakes, in the event of armed conflict, to make no use of the objective and particularly, in the case of a port, railway station or aerodrome, to divert all traffic

therefrom. In that event, such diversion shall be prepared in time of peace.
6. Special protection is granted to cultural property by its entry in the “International Register of Cultural Property under Special Protection.” This entry shall only be made, in accordance with the provisions of the present Convention and under the conditions provided for in the Regulations for the execution of the Convention.
Article 9
Immunity of Cultural Property under Special
Protection

The High Contracting Parties undertake to ensure the immunity of cultural property under special protection by refraining, from the time of entry in the International Register, from any act of hostility directed against such property and, except for the cases provided for in paragraph 5 of Article 8, from any use of such property or its surroundings for military purposes.
Article 10
Identification and Control

During an armed conflict, cultural property under special protection shall be marked with the distinctive emblem described in Article 16, and shall be open to international control as provided for in the Regulations for the execution of the Convention.
Article 11
Withdrawal of Immunity

1.
If one of the High Contracting Parties commits, in respect of any item of cultural property under special protection, a violation of the obligations under Article 9, the opposing Party shall, so long as this violation persists, be released from the obligation to ensure the immunity of the property concerned. Nevertheless, whenever possible, the latter Party shall first request the cessation of such violation within a reasonable time.

2.
Apart. from the case provided for in paragraph 1 of the present Article, immunity shall be withdrawn from cultural property under special protection only in exceptional cases of unavoidable military necessity, and only for such time as that necessity continues. Such necessity can be established only by the officer commanding a force the equivalent of a division in size or larger. Whenever circumstances permit, the opposing Party shall be notified, a reasonable time in advance, of the decision to withdraw immunity.

3. The Party withdrawing immunity shall, as soon as possible, so inform the Commissioner-General for cultural property provided for in the Regulations for the execution of the Convention, in writing, stating the reasons.
Chapter III
Transport of Cultural Property
Article 12
Transport under Special Protection

1.
Transport exclusively engaged in the transfer of cultural property, whether within a territory or to another territory, may, at the request of the High Contracting Party concerned, take place under special protection in accordance with the conditions specified in the Regulations for the execution of the Convention.

2.
Transport under special protection shall take place under the international supervision provided for in the aforesaid Regulations and shall display the distinctive emblem described in Article 16.

3.
The High Contracting Parties shall refrain from any act of hostility directed against transport under special protection.

Article 13
Transport in Urgent Cases

1.
If a High Contracting Party considers that the safety of certain cultural property requires its transfer and that the matter is of such urgency that the procedure laid down in Article 12 cannot be followed, especially at the beginning of an armed conflict, the transport may display the distinctive emblem described in Article 16, provided that an application for immunity referred to in Article 12 has not already been made and refused. As far as possible, notification of transfer should be made to the opposing Parties. Nevertheless, transport conveying cultural property to the territory of another country may not display the distinctive emblem unless immunity has been expressly granted to it.

2.
The High Contracting Parties shall take, so far as possible, the necessary precautions to avoid acts of hostility directed against the transport described in paragraph 1 of the present Article and displaying the distinctive emblem.

Article 14
Immunity from Seizure, Capture and Prize

1. Immunity from seizure, placing in prize, or capture shall be granted to:
(a)
cultural property enjoying the protection provided for in Article 12 or that provided for in Article 13;

(b)
the means of transport exclusively engaged in the transfer of such cultural property.

2. Nothing in the present Article shall limit the right of visit and search.
Chapter IV
Personnel
Article 15
Personnel
As far as is consistent with the interests of security, personnel engaged in the protection of cultural property shall, in the interests of such property, be respected and, if they fall into the hands of the opposing Party, shall be allowed to continue to carry out duties whenever the cultural property for which they are responsible has also fallen into the hands of the opposing Party.
Chapter V
The Distinctive Emblem
Article 16
Emblem of the Convention
1.
The distinctive emblem of the Convention shall take the form of a shield, pointed below, per saltire blue and white (a shield consisting of a royal-blue square, one of the angles of which forms the point of the shield, and of a royal-blue triangle above the square, the space on either side being taken up by a white triangle).

2.
The emblem shall be used alone, or repeated three times in a triangular formation (one shield below), under the conditions provided for in Article 17.

Article 17
Use of the Emblem
1. The distinctive emblem repeated three times may be used only as a means of identification of:
(a)
immovable cultural property under special protection;

(b)
the transport of cultural property under the conditions provided for in Articles 12 and 13;

(c) improvised refuges, under the conditions provided for in the Regulations for the execution of the Convention.
2. The distinctive emblem may be used alone only as a means of identification of:
(a) cultural property not under special protection;
(b)
the persons responsible for the duties of control in accordance with the Regulations for the execution of the Convention;

(d)
the identity cards mentioned in the Regulations for the execution of the Convention.

3.
During an armed conflict, the use of the distinctive emblem in any other cases than those mentioned in the preceding paragraphs of the present Article, and the use for any purpose whatever of a sign resembling the distinctive emblem, shall be forbidden.

4.
The distinctive emblem may not be placed on any immovable cultural property unless at the same time there is displayed an authorization duly dated and signed by the competent authority of the High Contracting Party.

Chapter VI
Scope of Application of the Convention
Article 18
Application of the Convention
1.
Apart. from the provisions which shall take effect in time of peace, the present Convention shall apply in the event of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one or more of them.

2.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.

3.
If one of the Powers in conflict is not a Party to the present Convention, the Powers which are Parties thereto shall nevertheless remain bound by it in their mutual relations. They shall furthermore be bound by the Convention, in relation to the said Power, if the latter has declared that it accepts the provisions thereof and so long as it applies them.

Article 19
Conflicts Not of an International Character

1.
In the event of an armed conflict not of an international character occurring within the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the provisions of the present Convention which relate to respect for cultural property.

2.
The parties to the Conflict shall endeavour to bring into force, by means of special agreements, all or part. of the other provisions of the present Convention.

3.
The United Nations Educational, Scientific and Cultural Organization may offer its services to the parties to the conflict.

4.
The application of the preceding provisions shall not affect the legal status of the parties to the conflict.

Chapter VII
Execution of the Convention
Article 20

Regulations for the Execution of the Convention
The procedure by which the present Convention is to be applied is defined in the Regulations for its execution, which constitute an integral part. thereof.
Article 21
Protecting Powers

The present Convention and the Regulations for its execution shall be applied with the co-operation of the Protecting Powers responsible for safeguarding the interests of the Parties to the conflict.
Article 22
Conciliation Procedure

1.
The Protecting Powers shall lend their good offices in all cases where they may deem it useful in the interests of cultural property, particularly if there is disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention or the Regulations for its execution.

2.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of the Director-General of the United Nations Educational, Scientific and Cultural Organization, or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the

authorities responsible for the protection of cultural property, if considered appropriate on suitably chosen neutral territory. The Parties to the conflict shall be bound to give effect to the proposals for meeting made to them. The Protecting Powers shall propose for approval by the Parties to the conflict a person belonging to a neutral Power or a person presented by the Director-General of the United Nations Educational, Scientific and Cultural Organization, which person shall be invited to take part. in such a meeting in the capacity of Chairman.
Article 23
Assistance of UNESCO

1.
The High Contracting Parties may call upon the United Nations Educational, Scientific and Cultural Organization for technical assistance in organizing the protection of their cultural property, or in connexion with any other problem arising out of the application of the present Convention or the Regulations for its execution. The Organization shall accord such assistance within the limits fixed by its programme and by its resources.

2.
The Organization is authorized to make, on its own initiative, proposals on this matter to the High Contracting Parties.

Article 24
Special Agreements

1.
The High Contracting Parties may conclude special agreements for all matters concerning which they deem it suitable to make separate provision.

2.
No special agreement may be concluded which would diminish the protection afforded by the present Convention to cultural property and to the personnel engaged in its protection.

Article 25
Dissemination of the Convention

The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the text of the present Convention and the Regulations for its execution as widely as possible in their respective countries. They undertake, in particular, to include the study thereof in their programmes of military and, if possible, civilian training, so that its principles are made known to the whole population, especially the armed forces and personnel engaged in the protection of cultural property.
Article 26
Translations, Reports
1.
The High Contracting Parties shall communicate to one another, through the Director-General of the United Nations Educational, Scientific and Cultural Organization, the official translations of the present Convention and of the Regulations for its execution.

2.
Furthermore, at least once every four years, they shall forward to the Director-General a report giving whatever information they think suitable concerning any measures being taken, prepared or contemplated by their respective administrations in fulfilment of the present Convention and of the Regulations for its execution.

Article 27
Meetings
1.
The Director-General of the United Nations Educational, Scientific and Cultural Organization may, with the approval of the Executive Board, convene meetings of representatives of the High Contracting Parties. He must convene such a meeting if at least one-fifth of the High Contracting Parties so request.

2.
Without prejudice to any other functions which have been conferred on it by the present Convention or the Regulations for its execution, the purpose of the meeting will be to study problems concerning the application of the Convention and of the Regulations for its execution, and to formulate recommendations in respect thereof.

3.
The meeting may further undertake a revision of the Convention or the Regulations for its execution if the majority of the High Contracting Parties are represented, and in accordance with the provisions of Article 39.

Article 28
Sanctions
The High Contracting Parties undertake to take, within the framework of their ordinary criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions upon those persons, of whatever nationality, who commit or order to be committed a breach of the present Convention.
Final Provisions
Article 29
Languages
1.
The present Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative.

2.
The United Nations Educational, Scientific and Cultural Organization shall arrange for translations of the Convention into the other official languages of its General Conference.

Article 30
Signature
The present Convention shall bear the date of 14 May 1954 and, until the date of 31 December 1954, shall remain open for signature by all States invited to the Conference which met at The Hague from 21 April 1954 to 14 May 1954.
Article 31
Ratification
1.
The present Convention shall be subject to ratification by Signatory States in accordance with their respective constitutional procedures.

2.
The instruments of ratification shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Article 32
Accession
From the date of its entry into force, the present Convention shall be open for accession by all States mentioned in Article 30 which have not signed it, as well as any other State invited to accede by the Executive Board of the United Nations Educational, Scientific and Cultural Organization. Accession shall be effected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.
Article 33
Entry into Force
1.
The present Convention shall enter into force three months after five instruments of ratification have been deposited.

2.
Thereafter, it shall enter into force, for each High Contracting Party, three months after the deposit of its instrument of ratification or accession.

3. The situations referred to in Articles 18 and 19 shall give immediate effect to ratifications or accessions deposited by the Parties to the conflict either before or after the beginning of hostilities or occupation. In such cases the Director-General of the United Nations Educational, Scientific and Cultural Organization shall transmit the communications referred to in Article 38 by the speediest method.
Article 34
Effective Application

1.
Each State Party to the Convention on the date of its entry into force shall take all necessary measures to ensure its effective application within a period of six months after such entry into force.

2.
This period shall be six months from the date of deposit of the instruments of ratification or accession for any State which deposits its instrument of ratification or accession after the date of the entry into force of the Convention.

Article 35
Territorial Extension of the Convention

Any High Contracting Party may, at the time of ratification or accession, or at any time thereafter, declare by notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization, that the present Convention shall extend to all or any of the territories for whose international relations it is responsible. The said notification shall take effect three months after the date of its receipt.
Article 36
Relation to Previous Conventions

1. In the relations between Powers which are bound by the Conventions of The Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval Bombardment in Time of War (IX), whether those of 29 July 1899 or those of 18 October 1907, and which are Parties to the present Convention, this last Convention shall be supplementary to the aforementioned Convention (IX) and to the Regulations annexed to the aforementioned Convention
(IV) and shall substitute for the emblem described in Article 5 of the aforementioned Convention (IX) the emblem described in Article 16 of the Present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem.
2. In the relations between Powers which are bound by the Washington Pact of 15 April 1935 for the Protection of Artistic and Scientific Institutions and of Historic Monuments (Roerich Pact) and which are Parties to the present Convention, the latter Convention shall be supplementary to the Roerich Pact and shall substitute for the distinguishing flag described in Article III of the Pact the emblem defined in Article 16 of the present Convention, in cases in which the present Convention and the Regulations for its execution provide for the use of this distinctive emblem.
Article 37
Denunciation

1.
Each High Contracting Party may denounce the present Convention, on its own behalf, or on behalf of any territory for whose international relations it is responsible.

2.
The denunciation shall be notified by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

3.
The denunciation shall take effect one year after the receipt of the instrument of denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an armed conflict, the denunciation shall not take effect until the end of hostilities, or until the operations of repatriating cultural property are completed, whichever is the later.

Article 38
Notifications

The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States referred to in Articles 30 and 32, as well as the United Nations, of the deposit of all the instruments of ratification, accession or acceptance provided for in Articles 31, 32 and 39 and of the notifications and denunciations provided for respectively in Articles 35, 37 and 39.
Article 39

Revision of the Convention and of the Regulations for its Execution
1. Any High Contracting Party may propose amendments to the present Convention or the Regulations for its execution. The text of any proposed amendment shall be communicated to the Director-General of the United Nations Educational, Scientific and Cultural Organization who shall transmit it to each High Contracting Party with the request that such Party reply within four months stating whether it:
(a) desires that a Conference be convened to consider the proposed amendment;
(b)
favours the acceptance of the proposed amendment without a Conference; or

2.
The Director-General shall transmit the replies, received under paragraph 1 of the present Article, to all High Contracting Parties.

3.
If all the High Contracting Parties which have, within the prescribed time-limit, stated their views to the Director-General of the United Nations Educational, Scientific and Cultural Organization, pursuant to paragraph 1 (b) of this Article, inform him that they favour acceptance of the amendment without a Conference, notification of their decision shall be made by the Director-General in accordance with Article 38. The amendment shall become effective for all the High Contracting Parties on the expiry of ninety days from the date of such notification.

4.
The Director-General shall convene a Conference of the High Contracting Parties to consider the proposed amendment if requested to do so by more than one-third of the High Contracting Parties.

5.
Amendments to the Convention or to the Regulations for its execution, dealt with under the provisions of the preceding paragraph, shall enter into force only after they have been unanimously adopted by the High Contracting Parties represented at the Conference and accepted by each of the High Contracting Parties.

6.
Acceptance by the High Contracting Parties of amendments to the Convention or to the Regulations for its execution, which have been adopted by the Conference mentioned in paragraphs 4 and 5, shall be effected by the deposit of a formal instrument with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

7.
After the entry into force of amendments to the present Convention or to the Regulations for its execution, only the text of the Convention or of the Regulations for its execution thus amended shall remain open for ratification or accession.

Article 40
Registration
In accordance with Article 102 of the Charter of the United Nations, the present Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.
IN FAITH WHEREOF the undersigned, duly authorized, have signed the present Convention.
DONE at The Hague, this fourteenth day of May 1954, in a single copy which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 30 and 32 as well as to the United Nations.

REGULATIONS FOR THE
EXECUTION OF THE
CONVENTION FOR THE
PROTECTION OF CULTURAL
PROPERTY IN EVENT OF ARMED
CONFLICT

Chapter I
Control
Article 1
International List of Persons

On the entry into force of the Convention, the Director-General of the United Nations Educational, Scientific and Cultural Organization shall compile an international list consisting of all persons nominated by the High Contracting Parties as qualified to carry out the functions of Commissioner-General for Cultural Property. On the initiative of the Director-General of the United Nations Educational, Scientific and Cultural Organization, this list shall be periodically revised on the basis of requests formulated by the High Contracting Parties.
Article 2
Organization of Control

As soon as any High Contracting Party is engaged in an armed conflict to which Article 18 of the Convention applies:
(a)
It shall appoint a representative for cultural property situated in its territory; if it is in occupation of another territory, it shall appoint a special representative for cultural property situated in that territory;

(b)
The Protecting Power acting for each of the Parties in conflict with such High Contracting Party shall appoint delegates accredited to the latter in conformity with Article 3 below;

(c)
A Commissioner-General for Cultural Property shall be appointed to such High Contracting Party in accordance with Article 4.

Article 3

Appointment of Delegates of Protecting Powers
The Protecting Power shall appoint its delegates from among the members of its diplomatic or consular staff or, with the approval of the Party to which they will be accredited, from among other persons.
Article 4
Appointment of Commissioner-General

1.
The Commissioner-General for Cultural Property shall be chosen from the international list of persons by joint agreement between the Party to which he will be accredited and the Protecting Powers acting on behalf of the opposing Parties.

2.
Should the Parties fail to reach agreement within three weeks from the beginning of their discussions on this point, they shall request the President of the International Court of Justice to appoint the Commissioner-General, who shall not take up his duties until the Party to which he is accredited has approved his appointment.

Article 5
Functions of Delegates

The delegates of the Protecting Powers shall take note of violations of the Convention, investigate, with the approval of the Party to which they are accredited, the circumstances in which they have occurred, make representations locally to secure their cessation and, if necessary, notify the Commissioner-General of such violations. They shall keep him informed of their activities.
Article 6
Functions of the Commissioner-General

1.
The Commissioner-General for Cultural Property shall deal with all matters referred to him in connexion with the application of the Convention, in conjunction with the representative of the Party to which he is accredited and with the delegates concerned.

2.
He shall have powers of decision and appointment in the cases specified in the present Regulations.

3.
With the agreement of the Party to which he is accredited, he shall have the right to order an investigation or to conduct it himself.

4.
He shall make any representations to the Parties to the conflict or to their Protecting Powers which he deems useful for the application of the Convention.

5.
He shall draw up such reports as may be necessary on the application of the Convention and communicate them to the Parties concerned and to their Protecting Powers. He shall send copies to the Director-General of the United Nations Educational, Scientific and Cultural Organization, who may make use only of their technical contents.

6. If there is no protecting Power, the Commissioner-General shall exercise the functions of the Protecting Power as laid down in Articles 21 and 22 of the Convention.
Article 7
Inspectors and Experts
1.
Whenever the Commissioner-General for Cultural Property considers it necessary, either at the request of the delegates concerned or after consultation with them, he shall propose, for the approval of the Party to which he is accredited, an inspector of cultural property to be charged with a specific mission. An inspector shall be responsible only to the Commissioner-General.

2.
The Commissioner-General, delegates and inspectors may have recourse to the services of experts, who will also be proposed for the approval of the Party mentioned in the preceding paragraph.

Article 8
Discharge of the Mission of Control
The Commissioners-General for Cultural Property, delegates of the Protecting Powers, inspectors and experts shall in no case exceed their mandates. In particular, they shall take account of the security needs of the High Contracting Party to which they are accredited and shall in all circumstances act in accordance with the requirements of the military situation as communicated to them by that High Contracting Party.
Article 9
Substitutes for Protecting Powers
If a Party to the conflict does not benefit or ceases to benefit from the activities of a Protecting Power, a neutral State may be asked to undertake those functions of a Protecting Power which concern the appointment of a Commissioner-General for Cultural Property in accordance with the procedure laid down in Article 4. The Commissioner-General thus appointed shall, if need be, entrust to inspectors the functions of delegates of Protecting Powers as specified in the present Regulations.
Article 10
Expenses
The remuneration and expenses of the Commissioner-General for Cultural Property, inspectors and experts shall be met by the Party to which they are accredited. Remuneration and expenses of delegates of the Protecting Powers shall be subject to agreement between those Powers and the States whose interests they are safeguarding.
Chapter II
Special Protection
Article 11
Improvised Refuges
1.
If, during an armed conflict, any High Contracting Party is induced by unforeseen circumstances to set up an improvised refuge and desires that it should be placed under special protection, it shall communicate this fact forthwith to the Commissioner-General accredited to that Party.

2.
If the Commissioner-General considers that such a measure is justified by the circumstances and by the importance of the cultural property sheltered in this improvised refuge, he may authorize the High Contracting Party to display on such refuge the distinctive emblem defined in Article 16 of the Convention. He shall communicate his decision without delay to the delegates of the Protecting Powers who are concerned, each of whom may, within a time-limit of 30 days, order the immediate withdrawal of the emblem.

3.
As soon as such delegates have signified their agreement or if the time-limit of 30 days has passed without any of the delegates concerned having made an objection, and if, in the view of the Commissioner-General, the refuge fulfils the conditions laid down in Article 8 of the Convention, the Commissioner-General shall request the Director-General of the United Nations Educational, Scientific and Cultural Organization to enter the refuge in the Register of Cultural Property under Special Protection.

Article 12
International Register of Cultural Property Under
Special Protection

1.
An “International Register of Cultural Property under Special Protection” shall be prepared.

2.
The Director-General of the United Nations Educational, Scientific and Cultural Organization shall maintain this Register. He shall furnish copies to the Secretary-General of the United Nations and to the High Contracting Parties.

3.
The Register shall be divided into sections, each in the name of a High Contracting Party. Each section shall be sub-divided into three paragraphs, headed: Refuges, Centres containing Monuments, Other

Immovable Cultural Property. The Director-General shall determine what details each section shall contain.
Article 13

provisionally entered in the Register, by the Director-General, pending the confirmation, withdrawal or cancellation of any objection that may be, or may have been, made.
Requests for Registration

1.
Any High Contracting Party may submit to the Director-General of the United Nations Educational, Scientific and Cultural Organization an application for the entry in the Register of certain refuges, centres containing monuments or other immovable cultural property situated within its territory. Such application shall contain a description of the location of such property and shall certify that the property complies with the provisions of Article 8 of the Convention.

2.
In the event of occupation, the Occupying Power shall be competent to make such application.

3.
The Director-General of the United Nations Educational, Scientific and Cultural Organization shall, without delay, send copies of applications for registration to each of the High Contracting Parties.

Article 14
Objections

1.
Any High Contracting Party may, by letter addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization, lodge an objection to the registration of cultural property. This letter must be received by him within four months of the day on which he sent a copy of the application for registration.

2.
Such objection shall state the reasons giving rise to it, the only valid grounds being that:

(a) the property is not cultural property;

(b) the property does not comply with the conditions mentioned in Article 8 of the Convention.
3.
The Director-General shall send a copy of the letter of objection to the High Contracting Parties without delay. He shall, if necessary, seek the advice of the International Committee on Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks fit, of any other competent organization or person.

4.
The Director-General, or the High Contracting Party requesting registration, may make whatever representations they deem necessary to the High Contracting Parties which lodged the objection, with a view to causing the objection to be withdrawn.

5.
If a High Contracting Party which has made an application for registration in time of peace becomes involved in an armed conflict before the entry has been made, the cultural property concerned shall at once be

6.
If, within a period of six months from the date of receipt of the letter of objection, the Director-General has not received from the High Contracting Party lodging the objection a communication stating that it has been withdrawn, the High Contracting Party applying for registration may request arbitration in accordance with the procedure in the following paragraph.

7.
The request for arbitration shall not be made more than one year after the date of receipt by the Director-General of the letter of objection. Each of the two Parties to the dispute shall appoint an arbitrator. When more than one objection has been lodged against an application for registration, the High Contracting Parties which have lodged the objections shall, by common consent, appoint a single arbitrator. These two arbitrators shall select a chief arbitrator from the international list mentioned in Article 1 of the present Regulations. If such arbitrators cannot agree upon their choice, they shall ask the President of the International Court of Justice to appoint a chief arbitrator who need not necessarily be chosen from the international list. The arbitral tribunal thus constituted shall fix its own procedure. There shall be no appeal from its decisions.

8.
Each of the High Contracting Parties may declare, whenever a dispute to which it is a Party arises, that it does not wish to apply the arbitration procedure provided for in the preceding paragraph. In such cases, the objection to an application for registration shall be submitted by the Director-General to the High Contracting Parties. The objection will be confirmed only if the High Contracting Parties so decide by a two-third majority of the High Contracting Parties voting. The vote shall be taken by correspondence, unless the Director-General of the United Nations Educational, Scientific and Cultural Organization deems it essential to convene a meeting under the powers conferred upon him by Article 27 of the Convention. If the Director-General decides to proceed with the vote by correspondence, he shall invite the High Contracting Parties to transmit their votes by sealed letter within six months from the day on which they were invited to do so.

Article 15
Registration

1. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall cause to be entered in the Register. under a serial number, each item of property for which application for registration is made, provided that he has not received an objection within the time-limit prescribed in Paragraph 1 of Article 14.
2.
If an objection has been lodged, and without prejudice to the provision of paragraph 5 of Article 14, the Director-General shall enter property in the Register only if the objection has been withdrawn or has failed to be confirmed following the procedures laid down in either paragraph 7 or paragraph 8 of Article 14.

3.
Whenever paragraph 3 of Article 11 applies, the Director-General shall enter property in the Register if so requested by the Commissioner-General for Cultural Property.

4.
The Director-General shall send without delay to the Secretary-General of the United Nations, to the High Contracting Parties, and, at the request of the Party applying for registration, to all other States referred to in Articles 30 and 32 of the Convention, a certified copy of each entry in the Register. Entries shall become effective thirty days after despatch of such copies.

Article 16
Cancellation
1. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall cause the registration of any property to be cancelled:
(a)
at the request of the High Contracting Party within whose territory the cultural property is situated;

(b)
if the High Contracting Party which requested registration has denounced the Convention, and when that denunciation has taken effect;

(c)
in the special case provided for in Article 14, paragraph 5, when an objection has been confirmed following the procedures mentioned either in paragraph 7 or in paragraph 8 of Article 14.

2. The Director-General shall send without delay, to the Secretary-General of the United Nations and to all States which received a copy of the entry in the Register, a certified copy of its cancellation. Cancellation shall take effect thirty days after the despatch of such copies.
Chapter III
Transport of Cultural Property
Article 17
Procedure to Obtain Immunity
1. The request mentioned in paragraph 1 of Article 12 of the Convention shall be addressed to the Commissioner-General for Cultural Property. It shall mention the reasons on which it is based and specify the approximate number and the importance of the objects to be transferred, their present location, the location now envisaged, the means of transport to be used, the route to be followed, the date proposed for the transfer, and any other relevant information.
2.
If the Commissioner-General, after taking such opinions as he deems fit, considers that such transfer is justified, he shall consult those delegates of the Protecting Powers who are concerned, on the measures proposed for carrying it out. Following such consultation, he shall notify the Parties to the conflict concerned of the transfer, including in such notification all useful information.

3.
The Commissioner-General shall appoint one or more inspectors, who shall satisfy themselves that only the property stated in the request is to be transferred and that the transport is to be by the approved methods and bears the distinctive emblem. The inspector or inspectors shall accompany the property to its destination.

Article 18
Transport Abroad
Where the transfer under special protection is to the territory of another country, it shall be governed not only by Article 12 of the Convention and by Article 17 of the present Regulations, but by the following further provisions:
(a)
while the cultural property remains on the territory of another State, that State shall be its depositary and shall extend to it as great a measure of care as that which it bestows upon its own cultural property of comparable importance;

(b)
the depositary State shall return the property only on the cessation of the conflict; such return shall be effected within six months from the date on which it was requested;

(c)
during the various transfer operations, and while it remains on the territory of another State, the cultural property shall be exempt from confiscation and may not be disposed of either by the depositor or by the depositary. Nevertheless, when the safety of the property requires it, the depositary may, with the assent of the depositor, have the property transported to the territory of a third country, under the conditions laid down in the present article;

(d)
the request for special protection shall indicate that the State to whose territory the property is to be transferred accepts the provisions of the present Article.

Article 19
Occupied Territory

Whenever a High Contracting Party occupying territory of another High Contracting Party transfers cultural property to a refuge situated elsewhere in that territory, without being able to follow the procedure provided for in Article 17 of the Regulations, the transfer in question shall not be regarded as misappropriation within the meaning of Article 4 of the Convention, provided that the Commissioner-General for Cultural Property certifies in writing, after having consulted the usual custodians, that such transfer was rendered necessary by circumstances.
Chapter IV
The Distinctive Emblem
Article 20
Affixing of the Emblem

1.
The placing of the distinctive emblem and its degree of visibility shall be left to the discretion of the competent authorities of each High Contracting Party. It may be displayed on flags or armlets; it may be painted on an object or represented in any other appropriate form.

2.
However, without prejudice to any possible fuller markings, the emblem shall, in the event of armed conflict and in the cases mentioned in Articles 12 and 13 of the Convention, be placed on the vehicles of transport so as to be clearly visible in daylight from the air as well as from the ground. The emblem shall be visible from the ground:

(a)
at regular intervals sufficient to indicate clearly the perimeter of a centre containing monuments under special protection;

(b)
at the entrance to other immovable cultural property under special protection.

Article 21
Identification of Persons

1. The persons mentioned in Article 17, paragraph 2
(b) and (c) of the Convention may wear an armlet bearing the distinctive emblem, issued and stamped by the competent authorities.
2. Such persons shall carry a special identity card bearing the distinctive emblem. This card shall mention at least the surname and first names, the date of birth, the title or rank, and the function of the holder. The card shall bear the photograph of the holder as well as his signature or his fingerprints, or both. It shall bear the embossed stamp of the competent authorities.
3.
Each High Contracting Party shall make out its own type of identity card, guided by the model annexed, by way of example, to the present Regulations. The High Contracting Parties shall transmit to each other a specimen of the model they are using. Identity cards shall be made out, if possible, at least in duplicate, one copy being kept by the issuing Power.

4.
The said persons may not, without legitimate reason, be deprived of their identity card or of the right to wear the armlet.

CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS AND ON THEIR DESTRUCTION
SIGNED AT WASHINGTON, LONDON,
AND MOSCOW APRIL 10, 1972

ENTERED INTO FORCE MARCH 26,
1975

The States Parties to this Convention,
Determined to act with a view to achieving effective progress towards general and complete disarmament, including the prohibition and elimination of all types of weapons of mass destruction, and convinced that the prohibition of the development, production and stockpiling of chemical and bacteriological (biological) weapons and their elimination, through effective measures, will facilitate the achievement of general and complete disarmament under strict and effective international control,
Recognizing the important significance of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17, 1925, and conscious also of the contribution which the said Protocol has already made, and continues to make, to mitigating the horrors of war,
Reaffirming their adherence to the principles and objectives of that Protocol and calling upon all States to comply strictly with them,
Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Geneva Protocol of June 17, 1925,
Desiring to contribute to the strengthening of confidence between peoples and the general improvement of the international atmosphere, Desiring also to contribute to the realization of the purposes and principles of the Charter of the United Nations,
Convinced of the importance and urgency of eliminating from the arsenals of States, through effective measures, such dangerous weapons of mass destruction as those using chemical or bacteriological (biological) agents,
Recognizing that an agreement on the prohibition of bacteriological (biological) and toxin weapons represents a first possible step towards the achievement of agreement on effective measures also for the prohibition of the development, production and stockpiling of chemical weapons, and determined to continue negotiations to that end,
Determined, for the sake of all mankind, to exclude completely the possibility of bacteriological (biological) agents and toxins being used as weapons,
Convinced that such use would be repugnant to the conscience of mankind and that no effort should be spared to minimize this risk,
Have agreed as follows:
Article 1
Each State Party to this Convention undertakes never in any circumstances to develop, produce, stockpile or otherwise acquire or retain:
(1)
Microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes;

(2)
Weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.

Article 2
Each State Party to this Convention undertakes to destroy, or to divert to peaceful purposes, as soon as possible but not later than nine months after the entry into force of the Convention, all agents, toxins, weapons, equipment and means of delivery specified in article I of the Convention, which are in its possession or under its jurisdiction or control. In implementing the provisions of this article all necessary safety precautions shall be observed to protect populations and the environment.

Article 3 Article 8
Each State Party to this Convention undertakes not to transfer to any recipient whatsoever, directly or indirectly, and not in any way to assist, encourage, or induce any State, group of States or international organizations to manufacture or otherwise acquire any of the agents, toxins, weapons, equipment or means of delivery specified in article 1 of the Convention.
Article 4

Each State Party to this Convention shall, in accordance with its constitutional processes, take any necessary measures to prohibit and prevent the development, production, stockpiling, acquisition, or retention of the agents, toxins, weapons, equipment and means of delivery specified in article 1 of the Convention, within the territory of such State, under its jurisdiction or under its control anywhere.
Article 5

The States Parties to this Convention undertake to consult one another and to cooperate in solving any problems which may arise in relation to the objective of, or in the application of the provisions of, the Convention. Consultation and cooperation pursuant to this article may also be undertaken through appropriate international procedures within the framework of the United Nations and in accordance with its Charter.
Article 6

(1)
Any State Party to this Convention which finds that any other State Party is acting in breach of obligations deriving from the provisions of the Convention may lodge a complaint with the Security Council of the United Nations. Such a complaint should include all possible evidence confirming its validity, as well as a request for its consideration by the Security Council.

(2)
Each State Party to this Convention undertakes to cooperate in carrying out any investigation which the Security Council may initiate, in accordance with the provisions of the Charter of the United Nations, on the basis of the complaint received by the Council. The Security Council shall inform the States Parties to the Convention of the results of the investigation.

Article 7

Each State Party to this Convention undertakes to provide or support assistance, in accordance with the United Nations Charter, to any Party to the Convention which so requests, if the Security Council decides that such Party has been exposed to danger as a result of violation of the Convention.
Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on June 17, 1925.
Article 9

Each State Party to this Convention affirms the recognized objective of effective prohibition of chemical weapons and, to this end, undertakes to continue negotiations in good faith with a view to reaching early agreement on effective measures for the prohibition of their development, production and stockpiling and for their destruction, and on appropriate measures concerning equipment and means of delivery specifically designed for the production or use of chemical agents for weapons purposes.
Article 10

(1)
The States Parties to this Convention undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (biological) agents and toxins for peaceful purposes. Parties to the Convention in a position to do so shall also cooperate in contributing individually or together with other States or international organizations to the further development and application of scientific discoveries in the field of bacteriology (biology) for prevention of disease, or for other peaceful purposes.

(2)
This Convention shall be implemented in a manner designed to avoid hampering the economic or technological development of States Parties to the Convention or international cooperation in the field of peaceful bacteriological (biological) activities, including the international exchange of bacteriological (biological) agents and toxins and equipment for the processing, use or production of bacteriological (biological) agents and toxins for peaceful purposes in accordance with the provisions of the Convention.

Article 11

Any State Party may propose amendments to this Convention. Amendments shall enter into force for each State Party accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party on the date of acceptance by it.
Article 12
Five years after the entry into force of this Convention, or earlier if it is requested by a majority of Parties to the Convention by submitting a proposal to this effect to the Depositary Governments, a conference of States Parties to the Convention shall be held at Geneva, Switzerland, to review the operation of the Convention, with a view to assuring that the purposes of the preamble and the provisions of the Convention, including the provisions concerning negotiations on chemical weapons, are being realized. Such review shall take into account any new scientific and technological developments relevant to the Convention.
Article 13
(1)
This Convention shall be of unlimited duration.

(2)
Each State Party to this Convention shall in exercising its national sovereignty have the right to withdraw from the Convention if it decides that extraordinary events, related to the subject matter of the Convention, have jeopardized the supreme interests of its country. It shall give notice of such withdrawal to all other States Parties to the Convention and to the United Nations Security Council three months in advance. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.

Article 14
(1)
This Convention shall be open to all States for signature. Any State which does not sign the Convention before its entry into force in accordance with paragraph (3) of this Article may accede to it at any time.

(2)
This Convention shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics, which are hereby designated the Depositary Governments.

(3)
This Convention shall enter into force after the deposit of instruments of ratification by twenty-two Governments, including the Governments designated as Depositaries of the Convention.

(4)
For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

(5)
The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument

of ratification or of accession and the date of the entry into force of this Convention, and of the receipt of other notices.
(6) This Convention shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.
Article 15
This Convention, the English, Russian, French, Spanish and Chinese texts of which are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of the Convention shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding states.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Convention.
DONE in triplicate, at the cities of Washington, London and Moscow, this tenth day of April, one thousand nine hundred and seventy-two.
U.S. UNDERSTANDING
In the view of the United States Government, this prohibition would apply only to (a) weapons, equipment and means of delivery the design of which indicated that they could have no other use than that specified, and (b) weapons, equipment and means of delivery the design of which indicated that they were specifically intended to be capable of the use specified.

EXECUTIVE ORDER 11850

Renunciation of Certain Uses in
War of Chemical Herbicides and
Riot Control Agents

APRIL 8, 1975

The United States renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters, and first use of riot control agents in war except in defensive military modes to save lives such as:
(a)
Use of riot control agents in riot control situations in areas under direct and distinct U.S. military control, to include controlling rioting prisoners of war.

(b)
Use of riot control agents in situations in which civilians are used to mask or screen attacks and civilian casualties can be reduced or avoided.

(c)
Use of riot control agents in rescue missions in remotely isolated areas, of downed aircrews and passengers, and escaping prisoners.

(d)
Use of riot control agents in rear echelon areas outside the zone of immediate combat to protect convoys from civil disturbances, terrorists and paramilitary organizations.

I have determined that the provisions and procedures prescribed by this Order are necessary to ensure proper implementation and observance of such national policy.
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States of America by the Constitution and laws of the United States and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:
SECTION 1. The Secretary of Defense shall take all necessary measures to ensure that the use by the Armed Forces of the United States of any riot control agents and chemical herbicides in war is prohibited unless such use has Presidential approval, in advance.
SECTION 2. The Secretary of Defense shall prescribe the rules and regulations he deems necessary to ensure that the national policy herein announced shall be observed by the Armed Forces of the United States.
GERALD R. FORD THE WHITE HOUSE, April 8, 1975.
Exec. Order No. 11850, 40 FR 16187, 1975 WL 21461 (Pres.)
CONVENTION ON PROHIBITIONS
OR RESTRICTIONS ON THE USE
OF CERTAIN CONVENTIONAL
WEAPONS WHICH MAY BE
DEEMED TO BE EXCESSIVELY
INJURIOUS OR TO HAVE
INDISCRIMINATE EFFECTS

GENEVA
10 OCTOBER 1980
The High Contracting Parties,
Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations.
Further recalling the general principle of the protection of the civilian population against the effects of hostilities,
Basing themselves on the principle of international law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, and on the principle that prohibits the employment in armed conflicts of weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering,
Also recalling that it is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment,
Confirming their determination that in cases not covered by this Convention and its annexed Protocols or by other international agreements, the civilian population and the combatants shall at all times remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience,
Desiring to contribute to international détente, the ending of the arms race and the building of confidence among States, and hence to the realization of the aspiration of all peoples to live in peace,
Recognizing the importance of pursuing every effort which may contribute to progress towards general and complete disarmament under strict and effective international control,
Reaffirming the need to continue the codification and progressive development of the rules of international law applicable in armed conflict,
Wishing to prohibit or restrict further the use of certain conventional weapons and believing that the positive results achieved in this area may facilitate the main talks on disarmament with a view to putting an end to the production, stockpiling and proliferation of such weapons,
Emphasizing the desirability that all States become parties to this Convention and its annexed Protocols, especially the militarily significant States,
Bearing in mind that the General Assembly of the United Nations and the United Nations Disarmament Commission may decide to examine the question of a possible broadening of the scope of the prohibitions and restrictions contained in this Convention and its annexed Protocols,
Further bearing in mind that the Committee on Disarmament may decide to consider the question of adopting further measures to prohibit or restrict the use of certain conventional weapons,
Have agreed as follows:
Article 1
Scope of application
This Convention and its annexed Protocols shall apply in the situations referred to in Article 2 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, including any situation described in paragraph 4 of Article 1 of Additional Protocol I to these Conventions.
Article 2
Relations with other international agreements
Nothing in this Convention or its annexed Protocols shall be interpreted as detracting from other obligations imposed upon the High Contracting Parties by international humanitarian law applicable in armed conflict.

Article 3 consent to be bound by it, the Protocol shall enter into force six months after the date on which that State has
Signature

notified its consent so to be bound.
This Convention shall be open for signature by all States at United Nations Headquarters in New York for a period of twelve months from 10 April 1981.
Article 4
Ratification, acceptance, approval or accession

1.
This Convention is subject to ratification, acceptance or approval by the Signatories. Any State which has not signed this Convention may accede to it.

2.
The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

3.
Expressions of consent to be bound by any of the Protocols annexed to this Convention shall be optional for each State, provided that at the time of the deposit of its instrument of ratification, acceptance or approval of this Convention or of accession thereto, that State shall notify the Depositary of its consent to be bound by any two or more of these Protocols.

4.
At any time after the deposit of its instrument of ratification, acceptance or approval of this Convention or of accession thereto, a State may notify the Depositary of its consent to be bound by any annexed Protocol by which it is not already bound.

5.
Any Protocol by which a High Contracting Party is bound shall for that Party form an integral part. of this Convention.

Article 5
Entry into force

1.
This Convention shall enter into force six months after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession.

2.
For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the twentieth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force six months after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.

3.
Each of the Protocols annexed to this Convention shall enter into force six months after the date by which twenty States have notified their consent to be bound by it in accordance with paragraph 3 or 4 of Article 4 of this Convention.

4.
For any State which notifies its consent to be bound by a Protocol annexed to this Convention after the date by which twenty States have notified their

Article 6
Dissemination

The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate this Convention and those of its annexed Protocols by which they are bound as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction, so that those instruments may become known to their armed forces.
Article 7
Treaty relations upon entry into force of this
Convention

1.
When one of the parties to a conflict is not bound by an annexed Protocol, the parties bound by this Convention and that annexed Protocol shall remain bound by them in their mutual relations.

2.
Any High Contracting Party shall be bound by this Convention and any Protocol annexed thereto which is in force for it, in any situation contemplated by Article 1, in relation to any State which is not a party to this Convention or bound by the relevant annexed Protocol, if the latter accepts and applies this Convention or the relevant Protocol, and so notifies the Depositary.

3.
The Depositary shall immediately inform the High Contracting Parties concerned of any notification received under paragraph 2 of this Article.

4.
This Convention, and the annexed Protocols by which a High Contracting Party is bound, shall apply with respect to an armed conflict against that High Contracting Party of the type referred to in Article 1, paragraph 4, of Additional Protocol I to the Geneva Conventions of 12 August 1949 for the Protection of War Victims:

(a)
where the High Contracting Party is also a party to Additional Protocol I and an authority referred to in Article 96, paragraph 3, of that Protocol has undertaken to apply the Geneva Conventions and Additional Protocol I in accordance with Article 96, paragraph 3, of the said Protocol, and undertakes to apply this Convention and the relevant annexed Protocols in relation to that conflict; or

(b)
where the High Contracting Party is not a party to Additional Protocol I and an authority of the type referred to in subparagraph (a) above accepts and applies the obligations of the Geneva Conventions and of this Convention and the relevant annexed Protocols in relation to that conflict. Such an acceptance and

application shall have in relation to that conflict the following effects:
(i)
the Geneva Conventions and this Convention and its relevant annexed Protocols are brought into force for the parties to the conflict with immediate effect;

(ii)
the said authority assumes the same rights and obligations as those which have been assumed by a High Contracting Party to the Geneva Conventions, this Convention and its relevant annexed Protocols; and

(iii) the Geneva Conventions, this Convention and its relevant annexed Protocols are equally binding upon all parties to the conflict.
The High Contracting Party and the authority may also agree to accept and apply the obligations of Additional Protocol I to the Geneva Conventions on a reciprocal basis.
Article 8
Review and amendments
1. (a) At any time after the entry into force of this Convention any High Contracting Party may propose amendments to this Convention or any annexed Protocol by which it is bound. Any proposal for an amendment shall be communicated to the Depositary, who shall notify it to all the High Contracting Parties and shall seek their views on whether a conference should be convened to consider the proposal. If a majority, that shall not be less than eighteen of the High Contracting Parties so agree, he shall promptly convene a conference to which all High Contracting Parties shall be invited. States not parties to this Convention shall be invited to the conference as observers.
(b) Such a conference may agree upon amendments which shall be adopted and shall enter into force in the same manner as this Convention and the annexed Protocols, provided that amendments to this Convention may be adopted only by the High Contracting Parties and that amendments to a specific annexed Protocol may be adopted only by the High Contracting Parties which are bound by that Protocol.
2. (a) At any time after the entry into force of this Convention any High Contracting Party may propose additional protocols relating to other categories of conventional weapons not covered by the existing annexed Protocols. Any such proposal for an additional protocol shall be communicated to the Depositary, who shall notify it to all the High Contracting Parties in accordance with subparagraph 1
(a) of this Article. If a majority, that shall not be less than eighteen of the High Contracting Parties so agree, the Depositary shall promptly convene a conference to which all States shall be invited.
(b) Such a conference may agree, with the full participation of all States represented at the conference, upon additional protocols which shall be adopted in the same manner as this Convention, shall be annexed thereto and shall enter into force as provided in paragraphs 3 and 4 of Article 5 of this Convention.
3. (a) If, after a period of ten years following the entry into force of this Convention, no conference has been convened in accordance with subparagraph 1 (a) or 2 (a) of this Article, any High Contracting Party may request the Depositary to convene a conference to which all High Contracting Parties shall be invited to review the scope and operation of this Convention and the Protocols annexed thereto and to consider any proposal for amendments of this Convention or of the existing Protocols. States not parties to this Convention shall be invited as observers to the conference. The conference may agree upon amendments which shall be adopted and enter into force in accordance with subparagraph 1 (b) above.
(b)
At such conference consideration may also be given to any proposal for additional protocols relating to other categories of conventional weapons not covered by the existing annexed Protocols. All States represented at the conference may participate fully in such consideration. Any additional protocols shall be adopted in the same manner as this Convention, shall be annexed thereto and shall enter into force as provided in paragraphs 3 and 4 of Article 5 of this Convention.

(c)
Such a conference may consider whether provision should be made for the convening of a further conference at the request of any High Contracting Party if, after a similar period to that referred to in subparagraph 3 (a) of this Article, no conference has been convened in accordance with subparagraph 1 (a) or 2 (a) of this Article.

Article 9
Denunciation
1.
Any High Contracting Party may denounce this Convention or any of its annexed Protocols by so notifying the Depositary.

2.
Any such denunciation shall only take effect one year after receipt by the Depositary of the notification of denunciation. If, however, on the expiry of that year the denouncing High Contracting Party is engaged in one of the situations referred to in Article 1, the Party shall continue to be bound by the obligations of this Convention and of the relevant annexed Protocols until the end of the armed conflict or occupation and, in any case, until the termination of operations connected with the final release, repatriation or re-establishment of the person protected by the rules of international law applicable in armed conflict, and in the case of any

annexed Protocol containing provisions concerning situations in which peace-keeping, observation or similar functions are performed by United Nations forces or missions in the area concerned, until the termination of those functions.
3.
Any denunciation of this Convention shall be considered as also applying to all annexed Protocols by which the denouncing High Contracting Party is bound.

4.
Any denunciation shall have effect only in respect of the denouncing High Contracting Party.

5.
Any denunciation shall not affect the obligations already incurred, by reason of an armed conflict, under this Convention and its annexed Protocols by such denouncing High Contracting Party in respect of any act committed before this denunciation becomes effective.

Article 10
Depositary

1.
The Secretary-General of the United Nations shall be the Depositary of this Convention and of its annexed Protocols.

2.
In addition to his usual functions, the Depositary shall inform all States of: (a) signatures affixed to this Convention under Article 3; (b) deposits of instruments of ratification, acceptance or approval of or accession to this Convention deposited under Article 4; (c) notifications of consent to be bound by annexed Protocols under Article 4; (d) the dates of entry into force of this Convention and of each of its annexed Protocols under Article 5; and (e) notifications of denunciation received under article 9, and their effective date.

Article 11
Authentic texts

The original of this Convention with the annexed Protocols, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Depositary, who shall transmit certified true copies thereof to all States.
(Here follow signatures)
U.S. RESERVATION

Article 7 (4) (b) of the Convention shall not apply with respect to the United States.
U.S. UNDERSTANDING

The United States considers that the fourth paragraph of the preamble to the Convention, which refers to the substance of provisions of article 35 (3) and article 55
(1) of additional Protocol I to the Geneva Conventions for the Protection of War Victims of August 12, 1949, applies only to States which have accepted those provisions.
U.S. DECLARATION

The United States declares, with reference to the scope of application defined in article 1 of the Convention, that the United States will apply the provisions of the Convention, Protocol I, and Protocol II to all armed conflicts referred to in articles 2 and 3 common to the Geneva Conventions for the Protection of War Victims of August 12, 1949.
AMENDMENT TO ARTICLE 1 OF THE CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS OR TO HAVE INDISCRIMINATE EFFECTS (CCW)
The following decision to amend Article I of the Convention in order to expand the scope of its application to non-international armed conflicts was made by the States Parties at the Second Review Conference held from 11 to 21 December 2001. This decision appears in the Final Declaration of the Second Review Conference, as contained in document CCW/CONF.II/2.
DECIDE to amend Article 1 of the Convention to read as follows:
Article 1
1.
This Convention and its annexed Protocols shall apply in the situations referred to in Article 2 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, including any situation described in paragraph 4 of Article I of Additional Protocol I to these Conventions.

2.
This Convention and its annexed Protocols shall also apply, in addition to situations referred to in paragraph 1 of this Article, to situations referred to in Article 3 common to the Geneva Conventions of 12 August 1949. This Convention and its annexed Protocols shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature, as not being armed conflicts.

3.
In case of armed conflicts not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply the prohibitions and restrictions of this Convention and its annexed Protocols.

4.
Nothing in this Convention or its annexed Protocols shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the

Government, by all legitimate means, to maintain or reestablish law and order in the State or to defend the national unity and territorial integrity of the State.
5.
Nothing in this Convention or its annexed Protocols shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs.

6.
The application of the provisions of this Convention and its annexed Protocols to parties to a conflict which are not High Contracting Parties that have accepted this Convention or its annexed Protocols, shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.

7.
The provisions of Paragraphs 2-6 of this Article shall not prejudice additional Protocols adopted after 1 January 2002, which may apply, exclude or modify the scope of their application in relation to this Article.

PROTOCOL ON NONDETECTABLE FRAGMENTS (PROTOCOL I)
GENEVA
10 OCTOBER 1980

It is prohibited to use any weapon the primary effect of which is to injure by fragments which in the human body escape detection by X-rays.
PROTOCOL ON PROHIBITIONS OR
RESTRICTIONS ON THE USE OF
MINES, BOOBY-TRAPS AND
OTHER DEVICES (PROTOCOL II)

GENEVA
10 OCTOBER 1980
Article 1
Material scope of application
This Protocol relates to the use on land of the mines, booby-traps and other devices defined herein, including mines laid to interdict beaches, waterway crossings or river crossings, but does not apply to the use of anti-ship mines at sea or in inland waterways.
Article 2
Definitions
For the purpose of this Protocol:
1.
“Mine” means any munition placed under, on or near the ground or other surface area and designed to be detonated or exploded by the presence, proximity or contact of a person or vehicle, and “remotely delivered mine” means any mine so defined delivered by artillery, rocket, mortar or similar means or dropped from an aircraft.

2.
“Booby-trap” means any device or material which is designed, constructed or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.

3.
“Other devices” means manually-emplaced munitions and devices designed to kill, injure or damage and which are actuated by remote control or automatically after a lapse of time.

4.
“Military objective” means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

5.
“Civilian objects” are all objects which are not military objectives as defined in paragraph 4.

6. “Recording” means a physical, administrative and technical operation designed to obtain, for the purpose of registration in the official records, all available information facilitating the location of minefields, mines and booby-traps.
Article 3
General restrictions on the use of mines, booby-traps and other devices
1. This Article applies to:
(a)
mines

(b)
booby-traps; and

2.
It is prohibited in all circumstances to direct weapons to which this Article applies, either in offence, defence or by way of reprisals, against the civilian population as such or against individual civilians.

3.
The indiscriminate use of weapons to which this Article applies is prohibited. Indiscriminate use is any placement of such weapons:

(a)
which is not on, or directed against, a military objective; or

(b)
which employs a method or means of delivery which cannot be directed at a specific military objective; or

(c)
which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

4. All feasible precautions shall be taken to protect civilians from the effects of weapons to which this Article applies. Feasible precautions are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.
Article 4
Restrictions on the use of mines other than remotely delivered mines, booby-traps and other devices in populated areas
1. This Article applies to:
(a)
mines other than remotely delivered mines;

(b)
booby-traps; and

2. It is prohibited to use weapons to which this Article applies in any city, town, village or other area containing a similar concentration of civilians in which combat between ground forces is not taking place or does not appear to be imminent, unless either:
(a)
they are placed on or in the close vicinity of a military objective belonging to or under the control of an adverse party; or

(b)
measures are taken to protect civilians from their effects, for example, the posting of warning signs, the posting of sentries, the issue of warnings or the provision of fences.

Article 5

Restrictions on the use of remotely delivered mines
1. The use of remotely delivered mines is prohibited unless such mines are only used within an area which is itself a military objective or which contains military objectives, and unless:
(a)
their location can be accurately recorded in accordance with Article 7(1)(a); or

(b)
an effective neutralizing mechanism is used on each such mine, that is to say, a self-actuating mechanism which is designed to render a mine harmless or cause it to destroy itself when it is anticipated that the mine will no longer serve the military purpose for which it was placed in position, or a remotely-controlled mechanism which is designed to render harmless or destroy a mine when the mine no longer serves the military purpose for which it was placed in position.

2. Effective advance warning shall be given of any delivery or dropping of remotely delivered mines which may affect the civilian population, unless circumstances do not permit.
Article 6
Prohibition on the use of certain booby-traps

1. Without prejudice to the rules of international law applicable in armed conflict relating to treachery and perfidy, it is prohibited in all circumstances to use:
(a)
any booby-trap in the form of an apparently harmless portable object which is specifically designed and constructed to contain explosive material and to detonate when it is disturbed or approached, or

(b)
booby-traps which are in any way attached to or associated with:

(i)
internationally recognized protective emblems, signs or signals;

(ii) sick, wounded or dead persons;
(iii) burial or cremation sites or graves;

(iv)
medical facilities, medical equipment, medical supplies or medical transportation;

(v)
children’s toys or other portable objects or products specially designed for the feeding, health, hygiene, clothing or education of children;

(vi) food or drink;

(vii) kitchen utensils or appliances except in military establishments, military locations or military supply depots;
(viii) objects clearly of a religious nature;

(ix) historic monuments, works of art. or places of worship which constitute the cultural or spiritual heritage of peoples;
(x) animals or their carcasses.

2. It is prohibited in all circumstances to use any booby-trap which is designed to cause superfluous injury or unnecessary suffering.
Article 7
Recording and publication of the location of minefields, mines and booby-traps

1. The parties to a conflict shall record the location of:
(a) all pre-planned minefields laid by them; and

(b) all areas in which they have made large-scale and pre-planned use of booby-traps.
2.
The parties shall endeavour to ensure the recording of the location of all other minefields, mines and booby-traps which they have laid or placed in position.

3.
All such records shall be retained by the parties who shall:

(a)
immediately after the cessation of active hostilities:

(i)
take all necessary and appropriate measures, including the use of such records, to protect civilians from the effects of minefields, mines and booby-traps; and either

(ii)
in cases where the forces of neither party are in the territory of the adverse party, make available to each other and to the Secretary-General of the United Nations all information in their possession concerning the location of minefields, mines and booby-traps in the territory of the adverse party; or

(iii) once complete withdrawal of the forces of the parties from the territory of the adverse party has taken place, make available to the adverse party and to the Secretary-General of the United Nations all information in their possession concerning the location of minefields, mines and booby traps in the territory of the adverse party;
(b)
when a United Nations force or mission performs functions in any area, make available to the authority mentioned in Article 8 such information as is required by that Article;

(c)
whenever possible, by mutual agreement, provide for the release of information concerning the location of minefields, mines and booby traps, particularly in agreements governing the cessation of hostilities.

Article 8
Protection of United Nations forces and missions from the effects of minefields, mines and booby-traps
1. When a United Nations force or mission performs functions of peacekeeping, observation or similar functions in any area, each party to the conflict shall, if requested by the head of the United Nations force or mission in that area, as far as it is able:
(a)
remove or render harmless all mines or booby traps in that area;

(b)
take such measures as may be necessary to protect the force or mission from the effects of minefields, mines and booby traps while carrying out its duties; and

(c)
make available to the head of the United Nations force or mission in that area, all information in the party’s possession concerning the location of minefields, mines and booby traps in that area.

ineffective minefields, mines and booby-traps placed in position during the conflict.
TECHNICAL ANNEX TO THE
PROTOCOL ON PROHIBITIONS OR
RESTRICTIONS ON THE USE OF
MINES, BOOBY-TRAPS AND
OTHER DEVICES (PROTOCOL II)

Guidelines on recording
Whenever an obligation for the recording of the location of minefields, mines and booby traps arises under the Protocol, the following guidelines shall be taken into account.
1. With regard to pre-planned minefields and large-scale and pre-planned use of booby traps:
(a)
maps, diagrams or other records should be made in such a way as to indicate the extent of the minefield or booby-trapped area; and

(b)
the location of the minefield or booby-trapped area should be specified by relation to the co-ordinates of a single reference point and by the estimated dimensions of the area containing mines and booby traps in relation to that single reference point.

2. With regard to other minefields, mines and booby traps laid or placed in position: Insofar as possible, the relevant information specified in paragraph 1 above should be recorded so as to enable the areas containing minefields, mines and booby traps to be identified.
2. When a United Nations fact-finding mission performs functions in any area, any party to the conflict concerned shall provide protection to that mission except where, because of the size of such mission, it cannot adequately provide such protection. In that case it shall make available to the head of the mission the information in its possession concerning the location of minefields, mines and booby-traps in that area.
Article 9
International co-operation in the removal of minefields, mines and booby-traps
After the cessation of active hostilities, the parties shall endeavour to reach agreement, both among themselves and, where appropriate, with other States and with international organizations, on the provision of information and technical and material assistance -including, in appropriate circumstances, joint operations –necessary to remove or otherwise render
U.S. UNDERSTANDING
The United States understands that article 6 (1) of the Protocol II does not prohibit the adaptation for use as booby-traps of portable objects created for a purpose other than as a booby-trap if the adaptation does not violate paragraph (1)(b) of the article.

PROTOCOL ON PROHIBITIONS OR
RESTRICTIONS ON THE USE OF
MINES, BOOBY-TRAPS AND
OTHER DEVICES AS AMENDED
ON 3 MAY 1996 (AMENDED
PROTOCOL II)

Article I
Scope of application

1.
This Protocol relates to the use on land of the mines, booby-traps and other devices, defined herein, including mines laid to interdict beaches, waterway crossings or river crossings, but does not apply to the use of anti-ship mines at sea or in inland waterways.

2.
This Protocol shall apply, in addition to situations referred to in Article I of this Convention, to situations referred to in Article 3 common to the Geneva Conventions of 12 August 1949. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.

4.
Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the Government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State.

5.
Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs.

6.
The application of the provisions of this Protocol to parties to a conflict, which are not High Contracting Parties that have accepted this Protocol, shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.

Article 2
Definitions

For the purpose of this Protocol:
1.
“Mine” means a munition placed under, on or near the ground or other surface area and designed to be exploded by the presence, proximity or contact of a person or vehicle.

2.
“Remotely-delivered mine” means a mine not directly emplaced but delivered by artillery, missile, rocket, mortar, or similar means, or dropped from an aircraft. Mines delivered from a land-based system from less than 500 metres are not considered to be “remotely delivered,” provided that they are used in accordance with Article 5 and other relevant Articles of this Protocol.

3.
“Anti-personnel mine” means a mine primarily designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons.

4.
“Booby-trap” means any device or material which is designed, constructed or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.

5.
“Other devices” means manually-emplaced munitions and devices including improvised explosive devices designed to kill, injure or damage and which are actuated manually, by remote control or automatically after a lapse of time.

6.
“Military objective” means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

7.
“Civilian objects” are all objects which are not military objectives as defined in paragraph 6 of this Article.

8.
“Minefield” is a defined area in which mines have been emplaced and "mined area" is an area which is dangerous due to the presence of mines. “Phoney minefield” means an area free of mines that simulates a minefield. The term “minefield” includes phoney minefields.

9.
“Recording” means a physical, administrative and technical operation designed to obtain, for the purpose of registration in official records, all available

information facilitating the location of minefields, mined areas, mines, booby-traps and other devices.
10.
“Self-destruction mechanism” means an incorporated or externally attached automatically-functioning mechanism which secures the destruction of the munition into which it is incorporated or to which it is attached.

11.
“Self-neutralization mechanism” means an incorporated automatically-functioning mechanism which renders inoperable the munition into which it is incorporated.

12.
“Self-deactivating” means automatically rendering a munition inoperable by means of the irreversible exhaustion of a component, for example, a battery, that is essential to the operation of the munition.

13.
“Remote control” means control by commands from a distance.

14.
“Anti-handling device” means a device intended to protect a mine and which is part. of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with the mine.

15.
“Transfer’ involves, in addition to the physical movement of mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced mines.

Article 3
General restrictions on the use, of mines, booby-traps and other devices
1. This Article applies to:
(a)
mines;

(b)
booby-traps; and

2.
Each High Contracting Party or party to a conflict is, in accordance with the provisions of this Protocol, responsible for all mines, booby-traps, and other devices employed by it and undertakes to clear, remove, destroy or maintain them as specified in Article 10 of this Protocol.

3.
It is prohibited in all circumstances to use any mine, booby-trap or other device which is designed or of a nature to cause superfluous injury or unnecessary suffering.

4.
Weapons to which this Article applies shall strictly comply with the standards and limitations specified in the Technical Annex with respect to each particular category.

5.
It is prohibited to use mines, booby-traps or other devices which employ a mechanism or device

specifically designed to detonate the munition by the presence of commonly available mine detectors as a result of their magnetic or other non-contact influence during normal use in detection operations.
6.
It is prohibited to use a self-deactivating mine equipped with an anti-handling device that is designed in such a manner that the anti-handling device is capable of functioning after the mine has ceased to be capable of functioning.

7.
It is prohibited in all circumstances to direct weapons to which this Article applies, either in offence, defence or by way of reprisals, against the civilian population as such or against individual civilians or civilian objects.

8.
The indiscriminate use of weapons to which this Article applies is prohibited. Indiscriminate use is any placement of such weapons:

(a)
which is not on, or directed against, a military objective. In case of doubt as to whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used; or

(b)
which employs a method or means of delivery which cannot be directed at a specific military objective; or

9.
Several clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects are not to be treated as a single military objective.

10.
All feasible precautions shall be taken to protect civilians from the effects of weapons to which this Article applies. Feasible precautions are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations. These circumstances include, but are not limited to:

(a)
the short-and long-term effect of mines upon the local civilian population for the duration of the minefield;

(b)
possible measures to protect civilians (for example, fencing, signs, warning and monitoring);

(d) the short-and long-term military requirements for a minefield.
11. Effective advance warning shall be given of any emplacement of mines, booby-traps and other devices which may affect the civilian population, unless circumstances do not permit.
Article 4
Restrictions on the use of anti-personnel mines

It is prohibited to use anti-personnel mines which are not detectable, as specified in paragraph 2 of the Technical Annex.
Article 5

Restrictions on the use of anti-personnel mines other than remotely-delivered mines
1.
This Article applies to anti-personnel mines other than remotely-delivered mines.

2.
It is prohibited to use weapons to which this Article applies which are not in compliance with the provisions on self-destruction and self-deactivation in the Technical Annex, unless:

(a)
such weapons are placed within a perimeter-marked area which is monitored by military personnel and protected by fencing or other means, to ensure the effective exclusion of civilians from the area. The marking must be of a distinct and durable character and must at least be visible to a person who is about to enter the perimeter-marked area; and

(b)
such weapons are cleared before the area is abandoned, unless the area is turned over to the forces of another State which accept responsibility for the maintenance of the protections required by this Article and the subsequent clearance of those weapons.

3.
A party to a conflict is relieved from further compliance with the provisions of sub-paragraphs 2 (a) and 2 (b) of this Article only if such compliance is not feasible due to forcible loss of control of the area as a result of enemy military action, including situations where direct enemy military action makes it impossible to comply. If that party regains control of the area, it shall resume compliance with the provisions of subparagraphs 2 (a) and 2 (b) of this Article.

4.
If the forces of a party to a conflict gain control of an area in which weapons to which this Article applies have been laid, such forces shall, to the maximum extent feasible, maintain and, if necessary, establish the protections required by this Article until such weapons have been cleared.

5.
All feasible measures shall be taken to prevent the unauthorized removal, defacement, destruction or

concealment of any device, system or material used to establish the perimeter of a perimeter-marked area.
6. Weapons to which this Article applies which propel fragments in a horizontal arc of less than 90 degrees and which are placed on or above the ground may be used without the measures provided for in subparagraph 2 (a) of this Article for a maximum period of 72 hours, if:
(a)
they are located in immediate proximity to the military unit that emplaced them; and

(b)
the area is monitored by military personnel to ensure the effective exclusion of civilians.

Article 6
Restrictions on the use of remotely-delivered mines

1.
It is prohibited to use remotely-delivered mines unless they are recorded in accordance with subparagraph 1 (b) of the Technical Annex.

2.
It is prohibited to use remotely-delivered antipersonnel mines which are not in compliance with the provisions on self-destruction and self-deactivation in the Technical Annex.

3.
It is prohibited to use remotely-delivered mines other than anti-personnel mines, unless, to the extent feasible, they are equipped with an effective self-destruction or self-neutralization mechanism and have a back-up self-deactivation feature, which is designed so that the mine will no longer function as a mine when the mine no longer serves the military purpose for which it was placed in position.

4.
Effective advance warning shall be given of any delivery or dropping of remotely-delivered mines which may affect the civilian population, unless circumstances do not permit.

Article 7
Prohibitions on the use of booby-traps and other devices

1. Without prejudice to the rules of international law applicable in armed conflict relating to treachery and perfidy, it is prohibited in all circumstances to use booby-traps and other devices which are in any way attached to or associated with:
(a)
internationally recognized protective emblems, signs or signals;

(b)
sick, wounded or dead persons;

(d)
medical facilities, medical equipment, medical supplies or medical transportation;

(e)
children’s toys or other portable objects or products specially designed for the feeding, health, hygiene, clothing or education of children;

(f) food or drink;

(g)
kitchen utensils or appliances except in military establishments, military locations or military supply depots;

(h) objects clearly of a religious nature;

(i)
historic monuments, works of art. or places of worship which constitute the cultural or spiritual heritage of peoples; or

(j) animals or their carcasses.
2.
It is prohibited to use booby-traps or other devices in the form of apparently harmless portable objects which are specifically designed and constructed to contain explosive material.

3.
Without prejudice to the provisions of Article 3, it is prohibited to use weapons to which this Article applies in any city, town, village or other area containing a similar concentration of civilians in which combat between ground forces is not taking place or does not appear to be imminent, unless either:

(a)
they are placed on or in the close vicinity of a military objective; or

(b)
measures are taken to protect civilians from their effects, for example, the posting of warning sentries, the issuing of warnings or the provision of fences.

Article 8
Transfers
1. In order to promote the purposes of this Protocol, each High Contracting Party:
(a)
undertakes not to transfer any mine the use of which is prohibited by this Protocol;

(b)
undertakes not to transfer any mine to any recipient other than a State or a State agency authorized to receive such transfers;

(c)
undertakes to exercise restraint in the transfer of any mine the use of which is restricted by this Protocol. In particular, each High Contracting Party undertakes not to transfer any anti-personnel mines to States which are not bound by this Protocol, unless the recipient State agrees to apply this Protocol; and

(d)
undertakes to ensure that any transfer in accordance with this Article takes place in full compliance, by both the transferring and the recipient State, with the relevant provisions of this Protocol and the applicable norms of international humanitarian law.

2.
In the event that a High Contracting Party declares that it will defer compliance with specific provisions on the use of certain mines, as provided for in the Technical Annex, sub-paragraph 1 (a) of this Article shall however apply to such mines.

3.
All High Contracting Parties, pending the entry into force of this Protocol, will refrain from any actions which would be inconsistent with sub-paragraph 1 (a) of this Article.

Article 9
Recording and use of information on minefields,
mined areas, mines, booby-traps and other devices
1.
All information concerning minefields, mined areas, mines, booby-traps and other devices shall be recorded in accordance with the provisions of the Technical Annex.

2.
All such records shall be retained by the parties to a conflict, who shall, without delay after the cessation of active hostilities, take all necessary and appropriate measures, including the use of such information, to protect civilians from the effects of minefields, mined areas, mines, booby-traps and other devices in areas under their control.

At the same time, they shall also make available to the other party or parties to the conflict and to the Secretary-General of the United Nations all such information in their possession concerning minefields, mined areas, mines, booby-traps and other devices laid by them in areas no longer under their control; provided, however, subject to reciprocity, where the forces of a party to a conflict are in the territory of an adverse party, either party may withhold such information from the Secretary-General and the other party, to the extent that security interests require such withholding, until neither party is in the territory of the other. In the latter case, the information withheld shall be disclosed as soon as those security interests permit. Wherever possible, the parties to the conflict shall seek, by mutual agreement, to provide for the release of such information at the earliest possible time in a manner consistent with the security interests of each party.

3.
This Article is without prejudice to the provisions of Articles 10 and 12 of this Protocol.

Article 10
Removal of minefields, mined areas, mines, booby-traps and other devices and international cooperation
1. Without delay after the cessation of active hostilities, all minefields, mined areas, mines, booby-traps and other devices shall be cleared, removed, destroyed or maintained in accordance with Article 3 and paragraph 2 of Article 5 of this Protocol.

2.
High Contracting Parties and parties to a conflict bear such responsibility with respect to minefields, mined areas, mines, booby-traps and other devices in areas under their control.

3.
With respect to minefields, mined areas, mines, booby-traps and other devices laid by a party in areas over which it no longer exercises control, such party shall provide to the party in control of the area pursuant to paragraph 2 of this Article, to the extent permitted by such party, technical and material assistance necessary to fulfil such responsibility.

4.
At all times necessary, the parties shall endeavour to reach agreement, both among themselves and, where appropriate, with other States and with international organizations, on the provision of technical and material assistance, including, in appropriate circumstances, the undertaking of joint operations necessary to fulfil such responsibilities.

Article 11
Technological cooperation and assistance

1.
Each High Contracting Party undertakes to facilitate and shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information concerning the implementation of this Protocol and means of mine clearance. In particular, High Contracting Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes.

2.
Each High Contracting Party undertakes to provide information to the database on mine clearance established within the United Nations System, especially information concerning various means and technologies of mine clearance, and lists of experts, expert agencies or national points of contact on mine clearance.

3.
Each high Contracting Party in a position to do so shall provide assistance for mine clearance through the United Nations System, other international bodies or on a bilateral basis, or contribute to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance.

4.
Requests by High Contracting Parties for assistance, substantiated by relevant information, may be submitted to the United Nations, to other appropriate bodies or to other States. These requests may be submitted to the Secretary-General of the United Nations, who shall transmit them to all High Contracting Parties and to relevant international organizations.

5.
In the case of requests to the United Nations, the Secretary-General of the United Nations, within the resources available to the Secretary-General of the United Nations, may take appropriate steps to assess the situation and, in cooperation with the requesting High Contracting Party, determine the appropriate provision of assistance in mine clearance or implementation of the Protocol. The Secretary-General may also report to High Contracting Parties on any such assessment as well as on the type and scope of assistance required.

6.
Without prejudice to their constitutional and other legal provisions, the High Contracting Parties undertake to cooperate and transfer technology to facilitate the implementation of the relevant prohibitions and restrictions set out in this Protocol.

7.
Each High Contracting Party has the right to seek and receive technical assistance, where appropriate, from another High Contracting Party on specific relevant technology, other than weapons technology, as necessary and feasible, with a view to reducing any period of deferral for which provision is made in the Technical Annex.

Article 12
Protection from the effects of minefields, mined areas, mines, booby-traps and other devices

1. Application
(a)
With the exception of the forces and missions referred to in sub-paragraph 2(a) (i) of this Article, this Article applies only to missions which are performing functions in an area with the consent of the High Contracting Party on whose territory the functions are performed.

(b)
The application of the provisions of this Article to parties to a conflict which are not High Contracting Parties shall not change their legal status or the legal status of a disputed territory, either explicitly or implicitly.

(c)
The provisions of this Article are without prejudice to existing international humanitarian law, or other international instruments as applicable, or decisions by the Security Council of the United Nations, which provide for a higher level of protection to personnel functioning in accordance with this Article.

2. Peace-keeping and certain other forces and missions
(a) This paragraph applies to:

(i) any United Nations force or mission performing peace-keeping, observation or similar functions in any area in accordance with the Charter of the United Nations;
(ii)
any mission established pursuant to Chapter VIII of the Charter of the United Nations and performing its functions in the area of a conflict.

(b)
Each High Contracting Party or party to a conflict, if so requested by the head of a force or mission to which this paragraph applies, shall:

(i)
so far as it is able, take such measures as are necessary to protect the force or mission from the effects of mines, booby-traps and other devices in any area under its control;

(ii)
if necessary in order effectively to protect such personnel, remove or render harmless, so far as it is able, all mines, booby-traps and other devices in that area; and

(iii) inform the head of the force or mission of the location of all known minefields, mined areas, mines, booby-traps and other devices in the area in which the force or mission is performing its functions and, so far as is feasible, make available to the head of the force or mission all information in its possession concerning such minefields, mined areas, mines, booby-traps and other devices.
3. Humanitarian and fact-finding missions of the United Nations System
(a)
This paragraph applies to any humanitarian or fact-finding mission of the United Nations System.

(b)
Each High Contracting Party or party to a conflict, if so requested by the head of a mission to which this paragraph applies, shall:

(i)
provide the personnel of the mission with the protections set out in sub-paragraph 2 (b) (i) of this Article; and

(ii)
if access to or through any place under its control is necessary for the performance of the mission's functions and in order to provide the personnel of the mission with safe passage to or through that place:

(aa) unless on-going hostilities prevent, inform the head of the mission of a safe route to that place if such information is available; or
(bb) if information identifying a safe route is not provided in accordance with sub-paragraph (aa), so far as is necessary and feasible, clear a lane through minefields.
4. Missions of the International Committee of the Red Cross
(a) This paragraph applies to any mission of the International Committee of the Red Cross performing functions with the consent of the host State or States as provided for by the Geneva Conventions of 12 August 1949 and, where applicable, their Additional Protocols.
(b)
Each High Contracting Party or party to a conflict, if so requested by the head of a mission to which this paragraph applies, shall:

(i)
provide the personnel of the mission with the protections set out in sub-paragraph 2 (b) (i) of this Article; and

(ii)
take the measures set out in subparagraph 3 (b) (ii) of this Article.

5. Other humanitarian missions and missions of enquiry
(a)
Insofar as paragraphs 2, 3 and 4 above do not apply to them, this paragraph applies to the following missions when they are performing functions in the area of a conflict or to assist the victims of a conflict:

(i)
any humanitarian mission of a national Red Cross or Red Crescent Society or of their International Federation;

(ii)
any mission of an impartial humanitarian organization, including any impartial humanitarian demining mission; and

(iii) any mission of enquiry established pursuant to the provisions of the Geneva Conventions of 12 August 1949 and, where applicable, their Additional Protocols.
(b)
Each High Contracting Party or party to a conflict, if so requested by the head of a mission to which this paragraph applies, shall, so far as is feasible:

(i)
provide the personnel of the mission with the protections set out in sub-paragraph 2 (b) (i) of this Article, and

(ii)
take the measures set out in subparagraph 3 (b) (ii) of this Article.

6.
Confidentiality

All information provided in confidence pursuant to this Article shall be treated by the recipient in strict confidence and shall not be released outside the force or mission concerned without the express authorization of the provider of the information.

7.
Respect for laws and regulations

Without prejudice to such privileges and immunities as they may enjoy or to the requirements of their duties, personnel participating in the forces and missions referred to in this Article shall:
(a)
respect the laws and regulations of the host State; and

(b)
refrain from any action or activity incompatible with the impartial and international nature of their duties.

Article 13
Consultations of high Contracting Parties

1.
The High Contracting Parties undertake to consult and cooperate with each other on all issues related to the operation of this Protocol. For this purpose, a conference of High Contracting Parties shall be held annually.

2.
Participation in the annual conferences shall be determined by their agreed Rules of Procedure.

3.
The work of the conference shall include:

(a)
review of the operation and status of this Protocol;

(b)
consideration of matters arising from reports by High Contracting Parties according to paragraph 4 of this Article;

(d)
consideration of the development of technologies to protect civilians against indiscriminate effects of mines.

4. The High Contracting Parties shall provide annual reports to the Depositary, who shall circulate them to all High Contracting Parties in advance of the Conference, on any of the following matters:
(a)
dissemination of information on this Protocol to their armed forces and to the civilian population;

(b)
mine clearance and rehabilitation programmes;

(d) legislation related to this Protocol;

(e)
measures taken on international technical information exchange, on international cooperation on mine clearance, and on technical cooperation and assistance; and

(f) other relevant matters.

5. The cost of the Conference of High Contracting Parties shall be borne by the High Contracting Parties and States not parties participating in the work of the Conference, in accordance with the United Nations scale of assessment adjusted appropriately.
Article 14
Compliance

1. Each High Contracting Party shall take all appropriate steps, including legislative and other measures, to prevent and suppress violations of this Protocol by persons or on territory under its jurisdiction or control.
2.
The measures envisaged in paragraph 1 of this Article include appropriate measures to ensure the imposition of penal sanctions against persons who, in relation to an armed conflict and contrary to the provisions of this Protocol, wilfully kill or cause serious injury to civilians and to bring such persons to justice.

3.
Each High Contracting Party shall also require that its armed forces issue relevant military instructions and operating procedures and that armed forces personnel receive training commensurate with their duties and responsibilities to comply with the provisions of this Protocol.

4.
The High Contracting Parties undertake to consult each other and to cooperate with each other bilaterally, through the Secretary-General of the United Nations or through other appropriate international procedures, to resolve any problems that may arise with regard to the interpretation and application of the provisions of this Protocol.

Technical Annex

1. Recording
(a)
Recording of the location of mines other than remotely-delivered mines, minefields, mined areas, booby-traps and other devices shall be carried out in accordance with the following provisions:

(i)
the location of the minefields, mined areas and areas of booby-traps and other devices shall be specified accurately by relation to the coordinates of at least two reference points and the estimated dimensions of the area containing these weapons in relation to those reference points;

(ii)
maps, diagrams or other records shall be made in such a way as to indicate the location of minefields, mined areas, booby-traps and other devices in relation to reference points, and these records shall also indicate their perimeters and extent;

(iii) for purposes of detection and clearance of mines, booby-traps and other devices, maps, diagrams or other records shall contain complete information on the type, number, emplacing method, type of fuse and life time, date and time of laying, anti-handling devices (if any) and other relevant information on all these weapons laid. Whenever feasible the minefield record shall show the exact location of every mine, except in row minefields where the row location is sufficient. The precise location and operating mechanism of each booby-trap laid shall be individually recorded.
(b)
The estimated location and area of remotely-delivered mines shall be specified by coordinates of reference points (normally corner points) and shall be ascertained and when feasible marked on the ground at the earliest opportunity. The total number and types of mines laid, the date and time of laying and the self-destruction time periods shall also be recorded.

(d)
The use of mines produced after the entry into force of this Protocol is prohibited unless they are marked in English or in the respective national language or languages with the following information:

(i)
name of the country of origin;

(ii)
month and year of production; and

(iii) serial number or lot number.
The marking should be visible, legible, durable and resistant to environmental effects, as far as possible.
2. Specifications on detectability
(a)
With respect to anti-personnel mines produced after 1 January 1997, such mines shall incorporate in their construction a material or device that enables the mine to be detected by commonly-available technical mine detection equipment and provides a response signal equivalent to a signal from 8 grammes or more of iron in a single coherent mass.

(b)
With respect to anti-personnel mines produced before 1 January 1997, such mines shall either incorporate in their construction, or have attached prior to their emplacement, in a manner not easily removable, a material or device that enables the mine to be detected by commonly-available technical mine detection equipment and provides a response signal equivalent to a signal from 8 grammes or more of iron in a single coherent mass.

(c)
In the event that a High Contracting Party determines that it cannot immediately comply with sub-paragraph (b), it may declare at the time of its notification of consent to be bound by this Protocol that it will defer compliance with sub-paragraph (b) for a period not to exceed 9 years from the entry into force of this Protocol. In the meantime it shall, to the extent feasible, minimize the use of anti-personnel mines that do not so comply.

3. Specifications on self-destruction and self-deactivation
(a) All remotely-delivered anti-personnel mines shall be designed and constructed so that no more than 10% of activated mines will fail to self-destruct within 30 days after emplacement, and each mine shall have a back-up self-deactivation feature designed and constructed so that, in combination with the self-destruction mechanism, no more than one in one thousand activated mines will function as a mine 120 days after emplacement.
(b)
All non-remotely delivered anti-personnel mines, used outside marked areas, as defined in Article 5 of this Protocol, shall comply with the requirements for self-destruction and self-deactivation stated in subparagraph (a).

(c)
In the event that a High Contracting Party determines that it cannot immediately comply with sub-paragraphs (a) and/or (b), it may declare at the time of its notification of consent to be bound by this Protocol, that it will, with respect to mines produced prior to the entry into force of this Protocol defer compliance with sub-paragraphs (a) and/or (b) for a period not to exceed 9 years from the entry into force of this Protocol. During this period of deferral, the High Contracting Party shall:

(i)
undertake to minimize, to the extent feasible, the use of anti-personnel mines that do not so comply, and

(ii)
with respect to remotely-delivered antipersonnel mines, comply with either the requirements for self-destruction or the requirements for self-deactivation and, with respect to other anti-personnel mines comply with at least the requirements for self-deactivation.

4. International signs for minefields and mined areas
Signs similar to the example attached [1] and as specified below shall be utilized in the marking of minefields and mined areas to ensure their visibility and recognition by the civilian population:
(a)
size and shape: a triangle or square no smaller than 28 centimetres (11 inches) by 20 centimetres (7.9 inches) for a triangle, and 15 centimetres (6 inches) per side for a square;

(b)
colour: red or orange with a yellow reflecting border.

U.S. RESERVATION
The Senate's advice and consent is subject to the following reservation:
“The United States reserves the right to use other devices (as defined in Article 2(5) of the Amended Mines Protocol) to destroy any stock of food or drink that is judged likely to be used by an enemy military force, if due precautions are taken for the safety of the civilian population.”

responsibilities under that Article in a manner that
U.S. UNDERSTANDINGS

respects the essential spirit and purpose of the Article.
The Senate's advice and consent is subject to the following understandings:
“(1) UNITED STATES COMPLIANCE, -The United States understands that
(A)
any decision by any military commander, military personnel, or any other person responsible for planning, authorizing, or executing military action shall only be judged on the basis of that person's assessment of the information reasonably available to the person at the time the person planned, authorized, or executed the action under review, and shall not be judged on the basis of information that comes to light after the action under review was taken; and

(B)
Article 14 of the Amended Mines Protocol (insofar as it relates to penal sanctions) shall apply only in a situation in which an individual

(i)
knew, or should have known, that his action was prohibited under the Amended Mines Protocol;

(ii)
intended to kill or cause serious injury to a civilian; and

(iii) knew or should have known, that the person he intended to kill or cause serious injury was a civilian.
(2)
EFFECTIVE EXCLUSION. -The United States understands that, for the purposes of Article 5 (6) (b) of the Amended Mines Protocol, the maintenance of observation over avenues of approach where mines subject to that Article are deployed constitutes one acceptable form of monitoring to ensure the effective exclusion of civilians.

(3)
HISTORIC MONUMENTS. -The United states understands that Article 7 (1) (i) of the Amended Mines Protocol refers only to a limited class of objects that, because of their clearly recognizable characteristics and because of their widely recognized importance, constitute a part. of the cultural or spiritual heritage of peoples.

(4)
LEGITIMATE MILITARY OBJECTIVES. -The United States understands that an area of land itself can be a legitimate military objective for the purpose of the use of landmines, if its neutralization or denial, in the circumstances applicable at the time, offers a military advantage.

(5)
PEACE TREATIES. -The United States understands that the allocation of responsibilities for landmines in Article 5 (2) (b) of the Amended Mines Protocol does not preclude agreement, in connection with peace treaties or similar arrangements, to allocate

(6)
BOOBY-TRAPS AND OTHER DEVICES. -For the purposes of the Amended Mines Protocol, the United States understands that

(A)
the prohibition contained in Article 7 (2) of the Amended Mines Protocol does not preclude the expedient adaptation or adaptation in advance of other objects for use as booby-traps or other devices;

(B)
a trip-wired hand grenade shall be considered a "booby-trap" under Article 2 (4) of the Amended Mines Protocol and shall not be considered a "mine" or an "anti-personnel mine" under Article 2 (1) or Article 2 (3), respectively; and

(C)
none of the provisions of the Amended Mines Protocol, including Article 2 (5), applies to hand grenades other than trip-wired hand grenades.

(7)
NON-LETHAL CAPABILITIES. -The United States understands that nothing in the Amended Mines Protocol may be construed as restricting or affecting in any way non-lethal weapon technology that is designed to temporarily disable, stun, signal the presence of a person, or operate in any other fashion, but not to cause permanent incapacity.

(8)
INTERNATIONAL TRIBUNAL JURISDICTION. -The United States understands that the provisions of Article 14 of the Amended Mines Protocol relating to penal sanctions refer to measures by the authorities of States Parties to the Protocol and do not authorize the trial of any person before an international criminal tribunal. The United States shall not recognize the jurisdiction of any international tribunal to prosecute a United States citizen for a violation of the Protocol or the Convention on Conventional Weapons.

(9)
TECHNICAL COOPERATION AND ASSISTANCE. -The United States understands that

(A)
no provision of the Protocol may be construed as affecting the discretion of the United States to refuse assistance or to restrict or deny permission for the export of equipment, material, or scientific or technological information for any reason; and

(B)
the Amended Mines Protocol may not be used as a pretext for the transfer of weapons technology or the provision of assistance to the military mining or military counter-mining capabilities of a State Party to the Protocol.”

PROTOCOL ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF INCENDIARY WEAPONS (PROTOCOL III)
GENEVA
10 OCTOBER 1980
Article 1
Definitions
For the purpose of this Protocol:
1. “Incendiary weapon” means any weapon or munition which is primarily designed to set fire to objects or to cause burn injury to persons through the action of flame, heat, or combination thereof, produced by a chemical reaction of a substance delivered on the target.
(a)
Incendiary weapons can take the form of, for example, flame throwers, fougasses, shells, rockets, grenades, mines, bombs and other containers of incendiary substances.

(b) Incendiary weapons do not include:

(i)
Munitions which may have incidental incendiary effects, such as illuminants, tracers, smoke or signalling systems;

(ii)
Munitions designed to combine penetration, blast or fragmentation effects with an additional incendiary effect, such as armour-piercing projectiles, fragmentation shells, explosive bombs and similar combined-effects munitions in which the incendiary effect is not specifically designed to cause burn injury to persons, but to be used against military objectives, such as armoured vehicles, aircraft and installations or facilities.

2.
“Concentration of civilians” means any concentration of civilians, be it permanent or temporary, such as in inhabited parts of cities, or inhabited towns or villages, or as in camps or columns of refugees or evacuees, or groups of nomads.

3.
“Military objective” means, so far as objects are concerned, any object which by its nature, location, purpose or use makes an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

4.
“Civilian objects” are all objects which are not military objectives as defined in paragraph 3.

5.
“Feasible precautions” are those precautions which are practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.

Article 2
Protection of civilians and civilian objects
1.
It is prohibited in all circumstances to make the civilian population as such, individual civilians or civilian objects the object of attack by incendiary weapons.

2.
It is prohibited in all circumstances to make any military objective located within a concentration of civilians the object of attack by air-delivered incendiary weapons.

3.
It is further prohibited to make any military objective located within a concentration of civilians the object of attack by means of incendiary weapons other than air-delivered incendiary weapons, except when such military objective is clearly separated from the concentration of civilians and all feasible precautions are taken with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects.

4.
It is prohibited to make forests or other kinds of plant cover the object of attack by incendiary weapons except when such natural elements are used to cover, conceal or camouflage combatants or other military objectives, or are themselves military objectives.

U.S. RESERVATION
The United States of America, with reference to Article 2, paragraphs 2 and 3, reserves the right to use incendiary weapons against military objectives located in concentrations of civilians where it is judged that such use would cause fewer casualties and/or less collateral damage than alternative weapons, but in so doing will take all feasible precautions with a view to limiting the incendiary effects to the military objective and to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects.

PROTOCOL ON BLINDING LASER WEAPONS (PROTOCOL IV)
13 OCTOBER 1995
Article 1

It is prohibited to employ laser weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision, that is to the naked eye or to the eye with corrective eyesight devices. The High Contracting Parties shall not transfer such weapons to any State or non-State entity.
Article 2

In the employment of laser systems, the High Contracting Parties shall take all feasible precautions to avoid the incidence of permanent blindness to unenhanced vision. Such precautions shall include training of their armed forces and other practical measures.
Article 3

Blinding as an incidental or collateral effect of the legitimate military employment of laser systems, including laser systems used against optical equipment, is not covered by the prohibition of this Protocol.
Article 4

For the purpose of this protocol “permanent blindness” means irreversible and uncorrectable loss of vision which is seriously disabling with no prospect of recovery. Serious disability is equivalent to visual acuity of less than 20/200 Snellen measured using both eyes.
PROTOCOL ON EXPLOSIVE
REMNANTS OF WAR (PROTOCOL
V)

28 NOVEMBER 2003
The High Contracting Parties,
Recognising the serious post-conflict humanitarian problems caused by explosive remnants of war,
Conscious of the need to conclude a Protocol on post-conflict remedial measures of a generic nature in order to minimise the risks and effects of explosive remnants of war,
And willing to address generic preventive measures, through voluntary best practices specified in a Technical Annex for improving the reliability of munitions, and therefore minimising the occurrence of explosive remnants of war,
Have agreed as follows:
Article 1
General provision and scope of application
1.
In conformity with the Charter of the United Nations and of the rules of the international law of armed conflict applicable to them, High Contracting Parties agree to comply with the obligations specified in this Protocol, both individually and in co-operation with other High Contracting Parties, to minimise the risks and effects of explosive remnants of war in post-conflict situations.

2.
This Protocol shall apply to explosive remnants of war on the land territory including internal waters of High Contracting Parties.

3.
This Protocol shall apply to situations resulting from conflicts referred to in Article 1, paragraphs 1 to 6, of the Convention, as amended on 21 December 2001.

4.
Articles 3, 4, 5 and 8 of this Protocol apply to explosive remnants of war other than existing explosive remnants of war as defined in Article 2, paragraph 5 of this Protocol.

Article 2
Definitions
For the purpose of this Protocol,
1.
“Explosive ordnance means conventional munitions containing explosives, with the exception of mines, booby traps and other devices as defined in Protocol II of this Convention as amended on 3 May 1996.

2.
Unexploded ordnance means explosive ordnance that has been primed, fused, armed, or otherwise prepared for use and used in an armed conflict. It may have been fired, dropped, launched or projected and should have exploded but failed to do so.

3.
Abandoned explosive ordnance means explosive ordnance that has not been used during an armed conflict, that has been left behind or dumped by a party to an armed conflict, and which is no longer under control of the party that left it behind or dumped it. Abandoned explosive ordnance may or may not have been primed, fused, armed or otherwise prepared for use.

4.
Explosive remnants of war means unexploded ordnance and abandoned explosive ordnance.

5.
Existing explosive remnants of war means unexploded ordnance and abandoned explosive ordnance that existed prior to the entry into force of this Protocol for the High Contracting Party on whose territory it exists.

Article 3
Clearance, removal or destruction of explosive remnants of war
1.
Each High Contracting Party and party to an armed conflict shall bear the responsibilities set out in this Article with respect to all explosive remnants of war in territory under its control. In cases where a user of explosive ordnance which has become explosive remnants of war, does not exercise control of the territory, the user shall, after the cessation of active hostilities, provide where feasible, inter alia technical, financial, material or human resources assistance, bilaterally or through a mutually agreed third party, including inter alia through the United Nations system or other relevant organisations, to facilitate the marking and clearance, removal or destruction of such explosive remnants of war.

2.
After the cessation of active hostilities and as soon as feasible, each High Contracting Party and party to an armed conflict shall mark and clear, remove or destroy explosive remnants of war in affected territories under its control. Areas affected by explosive remnants of war which are assessed pursuant to paragraph 3 of this Article as posing a serious

humanitarian risk shall be accorded priority status for clearance, removal or destruction of explosive clearance, removal or destruction. remnants of war in the affected area.
3. After the cessation of active hostilities and as soon as feasible, each High Contracting Party and party to an armed conflict shall take the following measures in affected territories under its control, to reduce the risks posed by explosive remnants of war:
a.
survey and assess the threat posed by explosive remnants of war;

b.
assess and prioritise needs and practicability in terms of marking and clearance, removal or destruction;

c.
mark and clear, remove or destroy explosive remnants of war;

d.
take steps to mobilise resources to carry out these activities.

4.
In conducting the above activities High Contracting Parties and parties to an armed conflict shall take into account international standards, including the International Mine Action Standards.

5.
High Contracting Parties shall co-operate, where appropriate, both among themselves and with other states, relevant regional and international organisations and non-governmental organisations on the provision of inter alia technical, financial, material and human resources assistance including, in appropriate circumstances, the undertaking of joint operations necessary to fulfil the provisions of this Article.

Article 4

Recording, retaining and transmission of information
3. In recording, retaining and transmitting such information, the High Contracting Parties should have regard to Part 1 of the Technical Annex.
Article 5
Other precautions for the protection of the civilian population, individual civilians and civilian objects from the risks and effects of explosive remnants of war

High Contracting Parties and parties to an armed conflict shall take all feasible precautions in the territory under their control affected by explosive remnants of war to protect the civilian population, individual civilians and civilian objects from the risks and effects of explosive remnants of war. Feasible precautions are those precautions which are practicable or practicably possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. These precautions may include warnings, risk education to the civilian population, marking, fencing and monitoring of territory affected by explosive remnants of war, as set out in Part 2 of the Technical Annex.
Article 6
Provisions for the protection of humanitarian missions and organisations from the effects of explosive remnants of war

1. Each High Contracting Party and party to an armed conflict shall:
1.
High Contracting Parties and parties to an armed conflict shall to the maximum extent possible and as far as practicable record and retain information on the use of explosive ordnance or abandonment of explosive ordnance, to facilitate the rapid marking and clearance, removal or destruction of explosive remnants of war, risk education and the provision of relevant information to the party in control of the territory and to civilian populations in that territory.

2.
High Contracting Parties and parties to an armed conflict which have used or abandoned explosive ordnance which may have become explosive remnants of war shall, without delay after the cessation of active hostilities and as far as practicable, subject to these parties’ legitimate security interests, make available such information to the party or parties in control of the affected area, bilaterally or through a mutually agreed third party including inter alia the United Nations or, upon request, to other relevant organisations which the party providing the information is satisfied are or will be undertaking risk education and the marking and

a.
Protect, as far as feasible, from the effects of explosive remnants of war, humanitarian missions and organisations that are or will be operating in the area under the control of the High Contracting Party or party to an armed conflict and with that party’s consent.

b.
Upon request by such a humanitarian mission or organisation, provide, as far as feasible, information on the location of all explosive remnants of war that it is aware of in territory where the requesting humanitarian mission or organisation will operate or is operating.

2. The provisions of this Article are without prejudice to existing International Humanitarian Law or other international instruments as applicable or decisions by the Security Council of the United Nations which provide for a higher level of protection.
Article 7 exchanges in accordance with national legislation and shall not impose undue restrictions on the provision of
Assistance with respect to existing explosive remnants
clearance equipment and related technological
of war
information for humanitarian purposes.
1.
Each High Contracting Party has the right to seek and receive assistance, where appropriate, from other High Contracting Parties, from states non-party and relevant international organisations and institutions in dealing with the problems posed by existing explosive remnants of war.

2.
Each High Contracting Party in a position to do so shall provide assistance in dealing with the problems posed by existing explosive remnants of war, as necessary and feasible. In so doing, High Contracting Parties shall also take into account the humanitarian objectives of this Protocol, as well as international standards including the International Mine Action Standards.

Article 8
Co-operation and assistance
1.
Each High Contracting Party in a position to do so shall provide assistance for the marking and clearance, removal or destruction of explosive remnants of war, and for risk education to civilian populations and related activities inter alia through the United Nations system, other relevant international, regional or national organisations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organisations, or on a bilateral basis.

2.
Each High Contracting Party in a position to do so shall provide assistance for the care and rehabilitation and social and economic reintegration of victims of explosive remnants of war. Such assistance may be provided inter alia through the United Nations system, relevant international, regional or national organisations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organisations, or on a bilateral basis.

3.
Each High Contracting Party in a position to do so shall contribute to trust funds within the United Nations system, as well as other relevant trust funds, to facilitate the provision of assistance under this Protocol.

4.
Each High Contracting Party shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information other than weapons related technology, necessary for the implementation of this Protocol. High Contracting Parties undertake to facilitate such

5.
Each High Contracting Party undertakes to provide information to the relevant databases on mine action established within the United Nations system, especially information concerning various means and technologies of clearance of explosive remnants of war, lists of experts, expert agencies or national points of contact on clearance of explosive remnants of war and, on a voluntary basis, technical information on relevant types of explosive ordnance.

6.
High Contracting Parties may submit requests for assistance substantiated by relevant information to the United Nations, to other appropriate bodies or to other states. These requests may be submitted to the Secretary-General of the United Nations, who shall transmit them to all High Contracting Parties and to relevant international organisations and nongovernmental organisations.

7.
In the case of requests to the United Nations, the Secretary-General of the United Nations, within the resources available to the Secretary-General of the United Nations, may take appropriate steps to assess the situation and in co-operation with the requesting High Contracting Party and other High Contracting Parties with responsibility as set out in Article 3 above, recommend the appropriate provision of assistance. The Secretary-General may also report to High Contracting Parties on any such assessment as well as on the type and scope of assistance required, including possible contributions from the trust funds established within the United Nations system.

Article 9
Generic preventive measures
1.
Bearing in mind the different situations and capacities, each High Contracting Party is encouraged to take generic preventive measures aimed at minimising the occurrence of explosive remnants of war, including, but not limited to, those referred to in part. 3 of the Technical Annex.

2.
Each High Contracting Party may, on a voluntary basis, exchange information related to efforts to promote and establish best practices in respect of paragraph 1 of this Article.

Article 10
Consultations of High Contracting Parties
1. The High Contracting Parties undertake to consult and co-operate with each other on all issues related to the operation of this Protocol. For this purpose, a Conference of High Contracting Parties shall be held as agreed to by a majority, but no less than eighteen High Contracting Parties.

2. The work of the conferences of High Contracting Parties shall include:
a.
review of the status and operation of this Protocol;

b.
consideration of matters pertaining to national implementation of this Protocol, including national reporting or updating on an annual basis.

c. preparation for review conferences.

3. The costs of the Conference of High Contracting Parties shall be borne by the High Contracting Parties and States not parties participating in the Conference, in accordance with the United Nations scale of assessment adjusted appropriately.
Article 11
Compliance

1. Each High Contracting Party shall require that its armed forces and relevant agencies or departments issue appropriate instructions and operating procedures and that its personnel receive training consistent with the relevant provisions of this Protocol.

iii. the type and nature of explosive ordnance used in areas under (i);
iv. the general location of known and probable UXO;
Where a State has been obliged to abandon explosive ordnance in the course of operations, it should endeavour to leave AXO in a safe and secure manner and record information on this ordnance as follows:
v. the location of AXO;

vi.
the approximate amount of AXO at each specific site;

vii. the types of AXO at each specific site.

b.
Storage of information: Where a State has recorded information in accordance with paragraph (a), it should be stored in such a manner as to allow for its retrieval and subsequent release in accordance with paragraph (c).

c.
Release of information: Information recorded and stored by a State in accordance with paragraphs (a) and (b) should, taking into account the security interests and other obligations of the State providing the information, be released in accordance with the following provisions:

i. Content:

2. The High Contracting Parties undertake to consult each other and to co-operate with each other bilaterally, through the Secretary-General of the United Nations or through other appropriate international procedures, to resolve any problems that may arise with regard to the interpretation and application of the provisions of this Protocol.
TECHNICAL ANNEX

This Technical Annex contains suggested best practice for achieving the objectives contained in Articles 4, 5 and 9 of this Protocol. This Technical Annex will be implemented by High Contracting Parties on a voluntary basis.
1. Recording, storage and release of information for Unexploded Ordnance (UXO) and Abandoned Explosive Ordnance (AXO)
a.
Recording of information: Regarding explosive ordnance which may have become UXO a State should endeavour to record the following information as accurately as possible:

i.
the location of areas targeted using explosive ordnance;

ii. the approximate number of explosive ordnance used in the areas under (i);
On UXO the released information should contain details on:
(1)
the general location of known and probable UXO;

(2)
the types and approximate number of explosive ordnance used in the targeted areas;

(3)
the method of identifying the explosive ordnance including colour, size and shape and other relevant markings;

(4)
the method for safe disposal of the explosive ordnance.

On AXO the released information should contain details on:
(5) the location of the AXO;

(6)
the approximate number of AXO at each specific site;

(7)
the types of AXO at each specific site;

(8)
the method of identifying the AXO, including colour, size and shape;

(9)
information on type and methods of packing for AXO;

(10) state of readiness;

(11) the location and nature of any booby traps known to be present in the area of AXO.
ii. Recipient: The information should be released to the party or parties in control of the affected territory and to those persons or institutions that the releasing State is satisfied are, or will be, involved in UXO or AXO clearance in the affected area, in the education of the civilian population on the risks of UXO or AXO.
iii. Mechanism: A State should, where feasible, make use of those mechanisms established internationally or locally for the release of information, such as through UNMAS, IMSMA, and other expert agencies, as considered appropriate by the releasing State.
iv. Timing: The information should be released as soon as possible, taking into account such matters as any ongoing military and humanitarian operations in the affected areas, the availability and reliability of information and relevant security issues.
2. Warnings, risk education, marking, fencing and monitoring
Key terms
a.
Warnings are the punctual provision of cautionary information to the civilian population, intended to minimise risks caused by explosive remnants of war in affected territories.

b.
Risk education to the civilian population should consist of risk education programmes to facilitate information exchange between affected communities, government authorities and humanitarian organisations so that affected communities are informed about the threat from explosive remnants of war. Risk education programmes are usually a long term activity.

Best practice elements of warnings and risk education
c.
All programmes of warnings and risk education should, where possible, take into account prevailing national and international standards, including the International Mine Action Standards.

d.
Warnings and risk education should be provided to the affected civilian population which comprises civilians living in or around areas containing explosive remnants of war and civilians who transit such areas.

e.
Warnings should be given, as soon as possible, depending on the context and the information available. A risk education programme should replace a warnings programme as soon as possible. Warnings and risk education always should be provided to the affected communities at the earliest possible time.

f.
Parties to a conflict should employ third parties such as international organisations and nongovernmental organisations when they do not have the resources and skills to deliver efficient risk education.

g.
Parties to a conflict should, if possible, provide additional resources for warnings and risk education. Such items might include: provision of logistical support, production of risk education materials, financial support and general cartographic information.

Marking, fencing, and monitoring of an explosive remnants of war affected area
h.
When possible, at any time during the course of a conflict and thereafter, where explosive remnants of war exist the parties to a conflict should, at the earliest possible time and to the maximum extent possible, ensure that areas containing explosive remnants of war are marked, fenced and monitored so as to ensure the effective exclusion of civilians, in accordance with the following provisions.

i.
Warning signs based on methods of marking recognised by the affected community should be utilised in the marking of suspected hazardous areas. Signs and other hazardous area boundary markers should as far as possible be visible, legible, durable and resistant to environmental effects and should clearly identify which side of the marked boundary is considered to be within the explosive remnants of war affected area and which side is considered to be safe.

j.
An appropriate structure should be put in place with responsibility for the monitoring and maintenance of permanent and temporary marking systems, integrated with national and local risk education programmes.

3. Generic preventive measures
States producing or procuring explosive ordnance should to the extent possible and as appropriate endeavour to ensure that the following measures are implemented and respected during the life-cycle of explosive ordnance.
a. Munitions manufacturing management
i. Production processes should be designed to achieve the greatest reliability of munitions.
ii. Production processes should be subject to certified quality control measures.
iii. During the production of explosive ordnance, certified quality assurance standards that are internationally recognised should be applied.
iv. Acceptance testing should be conducted through live-fire testing over a range of conditions or through other validated procedures.

v. High reliability standards should be required in the course of explosive ordnance transactions and transfers.
b. Munitions management

In order to ensure the best possible long-term reliability of explosive ordnance, States are encouraged to apply best practice norms and operating procedures with respect to its storage, transport, field storage, and handling in accordance with the following guidance.
i. Explosive ordnance, where necessary, should be stored in secure facilities or appropriate containers that protect the explosive ordnance and its components in a controlled atmosphere, if necessary.
ii. A State should transport explosive ordnance to and from production facilities, storage facilities and the field in a manner that minimises damage to the explosive ordnance.
iii. Appropriate containers and controlled environments, where necessary, should be used by a State when stockpiling and transporting explosive ordnance.
iv.
The risk of explosions in stockpiles should be minimised by the use of appropriate stockpile arrangements.

v.
States should apply appropriate explosive ordnance logging, tracking and testing procedures, which should include information on the date of manufacture of each number, lot or batch of explosive ordnance, and information on where the explosive ordnance has been, under what conditions it has been stored, and to what environmental factors it has been exposed.

vi. Periodically, stockpiled explosive ordnance should undergo, where appropriate, live-firing testing to ensure that munitions function as desired.
vii. Sub-assemblies of stockpiled explosive ordnance should, where appropriate, undergo laboratory testing to ensure that munitions function as desired.
viii. Where necessary, appropriate action, including adjustment to the expected shelf-life of ordnance, should be taken as a result of information acquired by logging, tracking and testing procedures, in order to maintain the reliability of stockpiled explosive ordnance.
(c) Training

The proper training of all personnel involved in the handling, transporting and use of explosive ordnance is an important factor in seeking to ensure its reliable operation as intended. States should therefore adopt and maintain suitable training programmes to ensure that personnel are properly trained with regard to the munitions with which they will be required to deal.
(d) Transfer

A State planning to transfer explosive ordnance to another State that did not previously possess that type of explosive ordnance should endeavour to ensure that the receiving State has the capability to store, maintain and use that explosive ordnance correctly.
(e) Future production

A State should examine ways and means of improving the reliability of explosive ordnance that it intends to produce or procure, with a view to achieving the highest possible reliability.
CONVENTION ON THE
PROHIBITION OF THE
DEVELOPMENT, PRODUCTION,
STOCKPILING AND USE OF
CHEMICAL WEAPONS AND ON
THEIR DESTRUCTION

SIGNED 13-15 JANUARY 1993
PREAMBLE
The States Parties to this Convention,
Determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, including the prohibition and elimination of all types of weapons of mass destruction,
Desiring to contribute to the realization of the purposes and principles of the Charter of the United Nations,
Recalling that the General Assembly of the United Nations has repeatedly condemned all actions contrary to the principles and objectives of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925 (the Geneva Protocol of 1925),
Recognizing that this Convention reaffirms principles and objectives of and obligations assumed under the Geneva Protocol of 1925, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction signed at London, Moscow and Washington on 10 April 1972,
Bearing in mind the objective contained in Article IX of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction,
Determined for the sake of all mankind, to exclude completely the possibility of the use of chemical weapons, through the implementation of the provisions of this Convention, thereby complementing the obligations assumed under the Geneva Protocol of 1925,
Recognizing the prohibition, embodied in the pertinent agreements and relevant principles of international law, of the use of herbicides as a method of warfare, Considering that achievements in the field of chemistry should be used exclusively for the benefit of mankind,
Desiring to promote free trade in chemicals as well as international cooperation and exchange of scientific and technical information in the field of chemical activities for purposes not prohibited under this Convention in order to enhance the economic and technological development of all States Parties,
Convinced that the complete and effective prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons, and their destruction, represent a necessary step towards the achievement of these common objectives,
Have agreed as follows:
Article 1
General Obligations
1. Each State Party to this Convention undertakes never under any circumstances:
(a)
To develop, produce, otherwise acquire, stockpile or retain chemical weapons, or transfer, directly or indirectly, chemical weapons to anyone;

(b) To use chemical weapons;

(d)
To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.

2.
Each State Party undertakes to destroy chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.

3.
Each State Party undertakes to destroy all chemical weapons it abandoned on the territory of another State Party, in accordance with the provisions of this Convention.

4.
Each State Party undertakes to destroy any chemical weapons production facilities it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with the provisions of this Convention.

5.
Each State Party undertakes not to use riot control agents as a method of warfare.

Article 2
Definitions and Criteria

For the purposes of this Convention:
1. “Chemical Weapons” means the following, together or separately:
(a)
Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes;

(b)
Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (a), which would be released as a result of the employment of such munitions and devices;

(c)
Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (b).

2. “Toxic Chemical” means:
Any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.
(For the purpose of implementing this Convention, toxic chemicals which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)
3. “Precursor” means:
Any chemical reactant which takes part. at any stage in the production by whatever method of a toxic chemical. This includes any key component of a binary or multicomponent chemical system.
(For the purpose of implementing this Convention, precursors which have been identified for the application of verification measures are listed in Schedules contained in the Annex on Chemicals.)
4.
“Key Component of Binary or Multicomponent Chemical Systems” (hereinafter referred to as “key component”) means:

The precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

5.
“Old Chemical Weapons” means:

(a)
Chemical weapons which were produced before 1925; or

(b)
Chemical weapons produced in the period between 1925 and 1946 that have deteriorated to such

extent that they can no longer be used as chemical weapons.
6.
“Abandoned Chemical Weapons” means:

Chemical weapons, including old chemical weapons, abandoned by a State after 1 January 1925 on the territory of another State without the consent of the latter.

7.
“Riot Control Agent” means:

Any chemical not listed in a Schedule, which can produce rapidly in humans sensory irritation or disabling physical effects which disappear within a short time following termination of exposure.

8.
“Chemical Weapons Production Facility”:

(a)
Means any equipment, as well as any building housing such equipment, that was designed, constructed or used at any time since 1 January 1946:

(i)
As part. of the stage in the production of chemicals (“final technological stage”) where the material flows would contain, when the equipment is in operation:

(1)
Any chemical listed in Schedule 1 in the Annex on Chemicals; or

(2)
Any other chemical that has no use, above 1 tonne per year on the territory of a State Party or in any other place under the jurisdiction or control of a State Party, for purposes not prohibited under this Convention, but can be used for chemical weapons purposes;

(ii)
For filling chemical weapons, including, inter alia, the filling of chemicals listed in Schedule 1 into munitions, devices or bulk storage containers; the filling of chemicals into containers that form part. of assembled binary munitions and devices or into chemical submunitions that form part. of assembled unitary munitions and devices, and the loading of the containers and chemical submunitions into the respective munitions and devices;

(b) Does not mean:

(i)
Any facility having a production capacity for synthesis of chemicals specified in subparagraph (a)

(i)
that is less than 1 tonne;

(ii)
Any facility in which a chemical specified in subparagraph (a) (i) is or was produced as an unavoidable by-product of activities for purposes not prohibited under this Convention, provided that the chemical does not exceed 3 percent of the total product and that the facility is subject to declaration and inspection under the Annex on Implementation and Verification (hereinafter referred to as “Verification Annex”); or

(iii) The single small-scale facility for production of chemicals listed in Schedule 1 for purposes not prohibited under this Convention as referred to in Part VI of the Verification Annex.
9. “Purposes Not Prohibited Under this Convention” means:
(a)
Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;

(b)
Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;

(c)
Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare;

(d)
Law enforcement including domestic riot control purposes.

10.
“Production Capacity” means:

The annual quantitative potential for manufacturing a specific chemical based on the technological process actually used or, if the process is not yet operational, planned to be used at the relevant facility. It shall be deemed to be equal to the nameplate capacity or, if the nameplate capacity is not available, to the design capacity. The nameplate capacity is the product output under conditions optimized for maximum quantity for the production facility, as demonstrated by one or more test-runs. The design capacity is the corresponding theoretically calculated product output.

11.
“Organization” means the Organization for the Prohibition of Chemical Weapons established pursuant to Article VIII of this Convention.

12.
For the purposes of Article VI:

(a)
“Production” of a chemical means its formation through chemical reaction;

(b)
“Processing” of a chemical means a physical process, such as formulation, extraction and purification, in which a chemical is not converted into another chemical;

Article 3
Declarations
1. Each State Party shall submit to the Organization, not later than 30 days after this Convention enters into force for it, the following declarations, in which it shall:
(a) With respect to chemical weapons:
(i)
Declare whether it owns or possesses any chemical weapons, or whether there are any chemical weapons located in any place under its jurisdiction or control;

(ii)
Specify the precise location, aggregate quantity and detailed inventory of chemical weapons it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with Part IV (A), paragraphs 1 to 3, of the Verification Annex, except for those chemical weapons referred to in sub-subparagraph (iii);

(iii) Report any chemical weapons on its territory that are owned and possessed by another State and located in any place under the jurisdiction or control of another State, in accordance with Part IV (A), paragraph 4, of the Verification Annex;
(iv)
Declare whether it has transferred or received, directly or indirectly, any chemical weapons since 1 January 1946 and specify the transfer or receipt of such weapons, in accordance with Part IV (A), paragraph 5, of the Verification Annex;

(v)
Provide its general plan for destruction of chemical weapons that it owns or possesses, or that are located in any place under its jurisdiction or control, in accordance with Part IV (A), paragraph 6, of the Verification Annex;

(b)
With respect to old chemical weapons and abandoned chemical weapons:

(i)
Declare whether it has on its territory old chemical weapons and provide all available information in accordance with Part IV (B), paragraph 3, of the Verification Annex;

(ii)
Declare whether there are abandoned chemical weapons on its territory and provide all available information in accordance with Part IV (B), paragraph 8, of the Verification Annex;

(iii) Declare whether it has abandoned chemical weapons on the territory of other States and provide all available information in accordance with Part IV (B), paragraph 10, of the Verification Annex;
(c)
With respect to chemical weapons production facilities:

(i)
Declare whether it has or has had any chemical weapons production facility under its ownership or possession, or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946;

(ii)
Specify any chemical weapons production facility it has or has had under its ownership or possession or that is or has been located in any place under its jurisdiction or control at any time since 1 January 1946, in accordance with Part V, paragraph 1,

of the Verification Annex, except for those facilities referred to in sub-subparagraph (iii);
(iii) Report any chemical weapons production facility on its territory that another State has or has had under its ownership and possession and that is or has been located in any place under the jurisdiction or control of another State at any time since 1 January 1946, in accordance with Part V, paragraph 2, of the Verification Annex;
(iv)
Declare whether it has transferred or received, directly or indirectly, any equipment for the production of chemical weapons since 1 January 1946 and specify the transfer or receipt of such equipment, in accordance with Part V, paragraphs 3 to 5, of the Verification Annex;

(v)
Provide its general plan for destruction of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, in accordance with Part V, paragraph 6, of the Verification Annex;

(vi)
Specify actions to be taken for closure of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, in accordance with Part V, paragraph 1 (i), of the Verification Annex;

(vii) Provide its general plan for any temporary conversion of any chemical weapons production facility it owns or possesses, or that is located in any place under its jurisdiction or control, into a chemical weapons destruction facility, in accordance with Part V, paragraph 7, of the Verification Annex;
(d) With respect to other facilities:

Specify the precise location, nature and general scope of activities of any facility or establishment under its ownership or possession, or located in any place under its jurisdiction or control, and that has been designed, constructed or used since 1 January 1946 primarily for development of chemical weapons. Such declaration shall include, inter alia, laboratories and test and evaluation sites;
(e) With respect to riot control agents:

Specify the chemical name, structural formula and Chemical Abstracts Service (CAS) registry number, if assigned, of each chemical it holds for riot control purposes. This declaration shall be updated not later than 30 days after any change becomes effective.
2. The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985.
Article 4
Chemical Weapons

1.
The provisions of this Article and the detailed procedures for its implementation shall apply to all chemical weapons owned or possessed by a State Party, or that are located in any place under its jurisdiction or control, except old chemical weapons and abandoned chemical weapons to which Part IV (b) of the Verification Annex applies.

2.
Detailed procedures for the implementation of this Article are set forth in the Verification Annex.

3.
All locations at which chemical weapons specified in paragraph 1 are stored or destroyed shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments, in accordance with Part IV (a) of the Verification Annex.

4.
Each State Party shall, immediately after the declaration under Article III, paragraph 1 (a), has been submitted, provide access to chemical weapons specified in paragraph 1 for the purpose of systematic verification of the declaration through on-site inspection. Thereafter, each State Party shall not remove any of these chemical weapons, except to a chemical weapons destruction facility. It shall provide access to such chemical weapons, for the purpose of systematic on-site verification.

5.
Each State Party shall provide access to any chemical weapons destruction facilities and their storage areas, that it owns or possesses, or that are located in any place under its jurisdiction or control, for the purpose of systematic verification through on-site inspection and monitoring with on-site instruments.

6.
Each State Party shall destroy all chemical weapons specified in paragraph 1 pursuant to the Verification Annex and in accordance with the agreed rate and sequence of destruction (hereinafter referred to as “order of destruction”). Such destruction shall begin not later than two years after this Convention enters into force for it and shall finish not later than 10 years after entry into force of this Convention. A State Party is not precluded from destroying such chemical weapons at a faster rate.

7.
Each State Party shall:

(a)
Submit detailed plans for the destruction of chemical weapons specified in paragraph 1 not later than 60 days before each annual destruction period begins, in accordance with Part IV (A), paragraph 29, of the Verification Annex; the detailed plans shall encompass all stocks to be destroyed during the next annual destruction period;

(b)
Submit declarations annually regarding the implementation of its plans for destruction of chemical weapons specified in paragraph 1, not later than 60

days after the end of each annual destruction period; and
(c) Certify, not later than 30 days after the destruction process has been completed, that all chemical weapons specified in paragraph 1 have been destroyed.
8.
If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 6, it shall destroy chemical weapons specified in paragraph 1 as soon as possible. The order of destruction and procedures for stringent verification for such a State Party shall be determined by the Executive Council.

9.
Any chemical weapons discovered by a State Party after the initial declaration of chemical weapons shall be reported, secured and destroyed in accordance with Part IV (a) of the Verification Annex.

10.
Each State Party, during transportation, sampling, storage and destruction of chemical weapons, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each State Party shall transport, sample, store and destroy chemical weapons in accordance with its national standards for safety and emissions.

11.
Any State Party which has on its territory chemical weapons that are owned or possessed by another State, or that are located in any place under the jurisdiction or control of another State, shall make the fullest efforts to ensure that these chemical weapons are removed from its territory not later than one year after this Convention enters into force for it. If they are not removed within one year, the State Party may request the Organization and other States Parties to provide assistance in the destruction of these chemical weapons.

12.
Each State Party undertakes to cooperate with other States Parties that request information or assistance on a bilateral basis or through the Technical Secretariat regarding methods and technologies for the safe and efficient destruction of chemical weapons.

13.
In carrying out verification activities pursuant to this Article and Part IV (a) of the Verification Annex, the Organization shall consider measures to avoid unnecessary duplication of bilateral or multilateral agreements on verification of chemical weapons storage and their destruction among States Parties. To this end, the Executive Council shall decide to limit verification to measures complementary to those undertaken pursuant to such a bilateral or multilateral agreement, if it considers that:

(a) Verification provisions of such an agreement are consistent with the verification provisions of this Article and Part IV (a) of the Verification Annex;
(b)
Implementation of such an agreement provides for sufficient assurance of compliance with the relevant provisions of this Convention; and

(c)
Parties to the bilateral or multilateral agreement keep the Organization fully informed about their verification activities.

14.
If the Executive Council takes a decision pursuant to paragraph 13, the Organization shall have the right to monitor the implementation of the bilateral or multilateral agreement.

15.
Nothing in paragraphs 13 and 14 shall affect the obligation of a State Party to provide declarations pursuant to Article III, this Article and Part IV (a) of the Verification Annex.

16.
Each State Party shall meet the costs of destruction of chemical weapons it is obliged to destroy. It shall also meet the costs of verification of storage and destruction of these chemical weapons unless the Executive Council decides otherwise. If the Executive Council decides to limit verification measures of the Organization pursuant to paragraph 13, the costs of complementary verification and monitoring by the Organization shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.

17.
The provisions of this Article and the relevant provisions of Part IV of the Verification Annex shall not, at the discretion of a State Party, apply to chemical weapons buried on its territory before 1 January 1977 and which remain buried, or which had been dumped at sea before 1 January 1985.

Article 5
Chemical Weapons Production Facilities
1.
The provisions of this Article and the detailed procedures for its implementation shall apply to any and all chemical weapons production facilities owned or possessed by a State Party, or that are located in any place under its jurisdiction or control.

2.
Detailed procedures for the implementation of this Article are set forth in the Verification Annex.

3.
All chemical weapons production facilities specified in paragraph 1 shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with Part V of the Verification Annex.

4.
Each State Party shall cease immediately all activity at chemical weapons production facilities specified in paragraph 1, except activity required for closure.

5.
No State Party shall construct any new chemical weapons production facilities or modify any existing

facilities for the purpose of chemical weapons production or for any other activity prohibited under this Convention.
6.
Each State Party shall, immediately after the declaration under Article III, paragraph 1 (c), has been submitted, provide access to chemical weapons production facilities specified in paragraph 1, for the purpose of systematic verification of the declaration through on-site inspection.

7.
Each State Party shall:

(a)
Close, not later than 90 days after this Convention enters into force for it, all chemical weapons production facilities specified in paragraph 1, in accordance with Part V of the Verification Annex, and give notice thereof; and

(b)
Provide access to chemical weapons production facilities specified in paragraph 1, subsequent to closure, for the purpose of systematic verification through on-site inspection and monitoring with on-site instruments in order to ensure that the facility remains closed and is subsequently destroyed.

8.
Each State Party shall destroy all chemical weapons production facilities specified in paragraph 1 and related facilities and equipment, pursuant to the Verification Annex and in accordance with an agreed rate and sequence of destruction (hereinafter referred to as "order of destruction"). Such destruction shall begin not later than one year after this Convention enters into force for it, and shall finish not later than 10 years after entry into force of this Convention. A State Party is not precluded from destroying such facilities at a faster rate.

9.
Each State Party shall:

(a)
Submit detailed plans for destruction of chemical weapons production facilities specified in paragraph 1, not later than 180 days before the destruction of each facility begins;

(b)
Submit declarations annually regarding the implementation of its plans for the destruction of all chemical weapons production facilities specified in paragraph 1, not later than 90 days after the end of each annual destruction period; and

(c)
Certify, not later than 30 days after the destruction process has been completed, that all chemical weapons production facilities specified in paragraph 1 have been destroyed.

10. If a State ratifies or accedes to this Convention after the 10-year period for destruction set forth in paragraph 8, it shall destroy chemical weapons production facilities specified in paragraph 1 as soon as possible. The order of destruction and procedures for stringent verification for such a State Party shall be determined by the Executive Council.
11.
Each State Party, during the destruction of chemical weapons production facilities, shall assign the highest priority to ensuring the safety of people and to protecting the environment. Each State Party shall destroy chemical weapons production facilities in accordance with its national standards for safety and emissions.

12.
Chemical weapons production facilities specified in paragraph 1 may be temporarily converted for destruction of chemical weapons in accordance with Part V, paragraphs 18 to 25, of the Verification Annex. Such a converted facility must be destroyed as soon as it is no longer in use for destruction of chemical weapons but, in any case, not later than 10 years after entry into force of this Convention.

13.
A State Party may request, in exceptional cases of compelling need, permission to use a chemical weapons production facility specified in paragraph 1 for purposes not prohibited under this Convention. Upon the recommendation of the Executive Council, the Conference of the States Parties shall decide whether or not to approve the request and shall establish the conditions upon which approval is contingent in accordance with Part V, Section D, of the Verification Annex.

14.
The chemical weapons production facility shall be converted in such a manner that the converted facility is not more capable of being reconverted into a chemical weapons production facility than any other facility used for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes not involving chemicals listed in Schedule 1.

15.
All converted facilities shall be subject to systematic verification through on-site inspection and monitoring with on-site instruments in accordance with Part V, Section D, of the Verification Annex.

16.
In carrying out verification activities pursuant to this Article and Part V of the Verification Annex, the Organization shall consider measures to avoid unnecessary duplication of bilateral or multilateral agreements on verification of chemical weapons production facilities and their destruction among States Parties. To this end, the Executive Council shall decide to limit the verification to measures complementary to those undertaken pursuant to such a bilateral or multilateral agreement, if it considers that:

(a)
Verification provisions of such an agreement are consistent with the verification provisions of this Article and Part V of the Verification Annex;

(b)
Implementation of the agreement provides for sufficient assurance of compliance with the relevant provisions of this Convention; and

(c) Parties to the bilateral or multilateral agreement keep the Organization fully informed about their verification activities.
17.
If the Executive Council takes a decision pursuant to paragraph 16, the Organization shall have the right to monitor the implementation of the bilateral or multilateral agreement.

18.
Nothing in paragraphs 16 and 17 shall affect the obligation of a State Party to make declarations pursuant to Article III, this Article and Part V of the Verification Annex.

19.
Each State Party shall meet the costs of destruction of chemical weapons production facilities it is obliged to destroy. It shall also meet the costs of verification under this Article unless the Executive Council decides otherwise. If the Executive Council decides to limit verification measures of the Organization pursuant to paragraph 16, the costs of complementary verification and monitoring by the Organization shall be paid in accordance with the United Nations scale of assessment, as specified in Article VIII, paragraph 7.

Article 6
Activities Not Prohibited Under This Convention
1.
Each State Party has the right, subject to the provisions of this Convention, to develop, produce, otherwise acquire, retain, transfer and use toxic chemicals and their precursors for purposes not prohibited under this Convention.

2.
Each State Party shall adopt the necessary measures to ensure that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used within its territory or in any other place under its jurisdiction or control for purposes not prohibited under this Convention. To this end, and in order to verify that activities are in accordance with obligations under this Convention, each State Party shall subject toxic chemicals and their precursors listed in Schedules 1, 2 and 3 of the Annex on Chemicals, facilities related to such chemicals, and other facilities as specified in the Verification Annex, that are located on its territory or in any other place under its jurisdiction or control, to verification measures as provided in the Verification Annex.

3.
Each State Party shall subject chemicals listed in Schedule 1 (hereinafter referred to as Schedule 1 chemicals") to the prohibitions on production, acquisition, retention, transfer and use as specified in Part VI of the Verification Annex. It shall subject Schedule 1 chemicals and facilities specified in Part VI of the Verification Annex to systematic verification through on-site inspection and monitoring with on-site

instruments in accordance with that Part of the Verification Annex.
4.
Each State Party shall subject chemicals listed in Schedule 2 (hereinafter referred to as “Schedule 2 chemicals”) and facilities specified in Part VII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.

5.
Each State Party shall subject chemicals listed in Schedule 3 (hereinafter referred to as “Schedule 3 chemicals”) and facilities specified in Part VIII of the Verification Annex to data monitoring and on-site verification in accordance with that Part of the Verification Annex.

6.
Each State Party shall subject facilities specified in Part IX of the Verification Annex to data monitoring and eventual on-site verification in accordance with that Part of the Verification Annex unless decided otherwise by the Conference of the States Parties pursuant to Part IX, paragraph 22, of the Verification Annex.

7.
Not later than 30 days after this Convention enters into force for it, each State Party shall make an initial declaration on relevant chemicals and facilities in accordance with the Verification Annex.

8.
Each State Party shall make annual declarations regarding the relevant chemicals and facilities in accordance with the Verification Annex.

9.
For the purpose of on-site verification, each State Party shall grant to the inspectors access to facilities as required in the Verification Annex.

10.
In conducting verification activities, the Technical Secretariat shall avoid undue intrusion into the State Party’s chemical activities for purposes not prohibited under this Convention and, in particular, abide by the provisions set forth in the Annex on the Protection of Confidential Information (hereinafter referred to as “Confidentiality Annex”).

11.
The provisions of this Article shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this Convention including the international exchange of scientific and technical information and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under this Convention.

Article 7
National Implementation Measures
General undertakings

1. Each State Party shall, in accordance with its constitutional processes, adopt the necessary measures to implement its obligations under this Convention. In particular, it shall:
(a)
Prohibit natural and legal persons anywhere on its territory or in any other place under its jurisdiction as recognized by international law from undertaking any activity prohibited to a State Party under this Convention, including enacting penal legislation with respect to such activity;

(b)
Not permit in any place under its control any activity prohibited to a State Party under this Convention; and

(c)
Extend its penal legislation enacted under subparagraph (a) to any activity prohibited to a State Party under this Convention undertaken anywhere by natural persons, possessing its nationality, in conformity with international law.

2.
Each State Party shall cooperate with other States Parties and afford the appropriate form of legal assistance to facilitate the implementation of the obligations under paragraph 1.

3.
Each State Party, during the implementation of its obligations under this Convention, shall assign the highest priority to ensuring the safety of people and to protecting the environment, and shall cooperate as appropriate with other States Parties in this regard.

Relations between the State Party and the
Organization

4.
In order to fulfil its obligations under this Convention, each State Party shall designate or establish a National Authority to serve as the national focal point for effective liaison with the Organization and other States Parties. Each State Party shall notify the Organization of its National Authority at the time that this Convention enters into force for it.

5.
Each State Party shall inform the Organization of the legislative and administrative measures taken to implement this Convention.

6.
Each State Party shall treat as confidential and afford special handling to information and data that it receives in confidence from the Organization in connection with the implementation of this Convention. It shall treat such information and data exclusively in connection with its rights and obligations under this Convention and in accordance with the provisions set forth in the Confidentiality Annex.

7.
Each State Party undertakes to cooperate with the Organization in the exercise of all its functions and in particular to provide assistance to the Technical Secretariat.

Article 8
The Organization
A. General Provisions

1.
The States Parties to this Convention hereby establish the Organization for the Prohibition of Chemical Weapons to achieve the object and purpose of this Convention, to ensure the implementation of its provisions, including those for international verification of compliance with it, and to provide a forum for consultation and cooperation among States Parties.

2.
All States Parties to this Convention shall be members of the Organization. A State Party shall not be deprived of its membership in the Organization.

3.
The seat of the Headquarters of the Organization shall be The Hague, Kingdom of the Netherlands.

4.
There are hereby established as the organs of the Organization: the Conference of the States Parties, the Executive Council, and the Technical Secretariat.

5.
The Organization shall conduct its verification activities provided for under this Convention in the least intrusive manner possible consistent with the timely and efficient accomplishment of their objectives. It shall request only the information and data necessary to fulfil its responsibilities under this Convention. It shall take every precaution to protect the confidentiality of information on civil and military activities and facilities coming to its knowledge in the implementation of this Convention and, in particular, shall abide by the provisions set forth in the Confidentiality Annex.

6.
In undertaking its verification activities the Organization shall consider measures to make use of advances in science and technology.

7.
The costs of the Organization's activities shall be paid by States Parties in accordance with the United Nations scale of assessment adjusted to take into account differences in membership between the United Nations and this Organization, and subject to the provisions of Articles IV and V. Financial contributions of States Parties to the Preparatory Commission shall be deducted in an appropriate way from their contributions to the regular budget. The budget of the Organization shall comprise two separate chapters, one relating to administrative and other costs, and one relating to verification costs.

8.
A member of the Organization which is in arrears in the payment of its financial contribution to the Organization shall have no vote in the Organization if the amount of its arrears equals or exceeds the amount of the contribution due from it for the preceding two full years. The Conference of the States Parties may, nevertheless, permit such a member to vote if it is

satisfied that the failure to pay is due to conditions beyond the control of the member.
B. The Conference of the States Parties
Composition, procedures and decision-making
9.
The Conference of the States Parties (hereinafter referred to as “the Conference”) shall be composed of all members of this Organization. Each member shall have one representative in the Conference, who may be accompanied by alternates and advisers.

10.
The first session of the Conference shall be convened by the depositary not later than 30 days after the entry into force of this Convention.

11.
The Conference shall meet in regular sessions which shall be held annually unless it decides otherwise.

12.
Special sessions of the Conference shall be convened:

(a)
When decided by the Conference;

(b)
When requested by the Executive Council;

(d)
In accordance with paragraph 22 to undertake reviews of the operation of this Convention.

Except in the case of subparagraph (d), the special session shall be convened not later than 30 days after receipt of the request by the Director-General of the Technical Secretariat, unless specified otherwise in the request.
13.
The Conference shall also be convened in the form of an Amendment Conference in accordance with Article XV, paragraph 2.

14.
Sessions of the Conference shall take place at the seat of the Organization unless the Conference decides otherwise.

15.
The Conference shall adopt its rules of procedure. At the beginning of each regular session, it shall elect its Chairman and such other officers as may be required. They shall hold office until a new Chairman and other officers are elected at the next regular session.

16.
A majority of the members of the Organization shall constitute a quorum for the Conference.

17.
Each member of the Organization shall have one vote in the Conference.

18.
The Conference shall take decisions on questions of procedure by a simple majority of the members present and voting. Decisions on matters of substance should be taken as far as possible by consensus. If consensus is not attainable when an issue comes up for

decision, the Chairman shall defer any vote for 24 hours and during this period of deferment shall make every effort to facilitate achievement of consensus, and shall report to the Conference before the end of this period. If consensus is not possible at the end of 24 hours, the Conference shall take the decision by a two-thirds majority of members present and voting unless specified otherwise in this Convention. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the Conference by the majority required for decisions on matters of substance.
Powers and functions
19.
The Conference shall be the principal organ of the Organization. It shall consider any questions, matters or issues within the scope of this Convention, including those relating to the powers and functions of the Executive Council and the Technical Secretariat. It may make recommendations and take decisions on any questions, matters or issues related to this Convention raised by a State Party or brought to its attention by the Executive Council.

20.
The Conference shall oversee the implementation of this Convention, and act in order to promote its object and purpose. The Conference shall review compliance with this Convention. It shall also oversee the activities of the Executive Council and the Technical Secretariat and may issue guidelines in accordance with this Convention to either of them in the exercise of their functions.

21.
The Conference shall:

(a)
Consider and adopt at its regular sessions the report, programme and budget of the Organization, submitted by the Executive Council, as well as consider other reports;

(b)
Decide on the scale of financial contributions to be paid by States Parties in accordance with paragraph 7;

(d)
Appoint the Director-General of the Technical Secretariat (hereinafter referred to as “the Director-General”);

(e)
Approve the rules of procedure of the Executive Council submitted by the latter;

(f)
Establish such subsidiary organs as it finds necessary for the exercise of its functions in accordance with this Convention;

(g)
Foster international cooperation for peaceful purposes in the field of chemical activities;

(h)
Review scientific and technological developments that could affect the operation of this

Convention and, in this context, direct the Director-General to establish a Scientific Advisory Board to enable him, in the performance of his functions, to render specialized advice in areas of science and technology relevant to this Convention, to the Conference, the Executive Council or States Parties. The Scientific Advisory Board shall be composed of independent experts appointed in accordance with terms of reference adopted by the Conference;
(i)
Consider and approve at its first session any draft agreements, provisions and guidelines developed by the Preparatory Commission;

(j)
Establish at its first session the voluntary fund for assistance in accordance with Article X;

(k)
Take the necessary measures to ensure compliance with this Convention and to redress and remedy any situation which contravenes the provisions of this Convention, in accordance with Article XII.

22. The Conference shall not later than one year after the expiry of the fifth and the tenth year after the entry into force of this Convention, and at such other times within that time period as may be decided upon, convene in special sessions to undertake reviews of the operation of this Convention. Such reviews shall take into account any relevant scientific and technological developments. At intervals of five years thereafter, unless otherwise decided upon, further sessions of the Conference shall be convened with the same objective.
C. The Executive Council
Composition, procedure and decision-making

23. The Executive Council shall consist of 41 members. Each State Party shall have the right, in accordance with the principle of rotation, to serve on the Executive Council. The members of the Executive Council shall be elected by the Conference for a term of two years. In order to ensure the effective functioning of this Convention, due regard being specially paid to equitable geographical distribution, to the importance of chemical industry, as well as to political and security interests, the Executive Council shall be composed as follows:
(a)
Nine States Parties from Africa to be designated by States Parties located in this region. As a basis for this designation it is understood that, out of these nine States Parties, three members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these three members;

(b)
Nine States Parties from Asia to be designated by States Parties located in this region. As a basis for this designation it is understood that, out of these nine

States Parties, four members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these four members;
(c)
Five States Parties from Eastern Europe to be designated by States Parties located in this region. As a basis for this designation it is understood that, out of these five States Parties, one member shall, as a rule, be the State Party with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating this one member;

(d)
Seven States Parties from Latin America and the Caribbean to be designated by States Parties located in this region. As a basis for this designation it is understood that, out of these seven States Parties, three members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these three members;

(e)
Ten States Parties from among Western European and other States to be designated by States Parties located in this region. As a basis for this designation it is understood that, out of these 10 States Parties, 5 members shall, as a rule, be the States Parties with the most significant national chemical industry in the region as determined by internationally reported and published data; in addition, the regional group shall agree also to take into account other regional factors in designating these five members;

(f)
One further State Party to be designated consecutively by States Parties located in the regions of Asia and Latin America and the Caribbean. As a basis for this designation it is understood that this State Party shall be a rotating member from these regions.

24.
For the first election of the Executive Council 20 members shall be elected for a term of one year, due regard being paid to the established numerical proportions as described in paragraph 23.

25.
After the full implementation of Articles 4 and 5 the Conference may, upon the request of a majority of the members of the Executive Council, review the composition of the Executive Council taking into account developments related to the principles specified in paragraph 23 that are governing its composition.

26.
The Executive Council shall elaborate its rules of procedure and submit them to the Conference for approval.

27.
The Executive Council shall elect its Chairman from among its members.

28.
The Executive Council shall meet for regular sessions. Between regular sessions it shall meet as often as may be required for the fulfilment of its powers and functions.

29.
Each member of the Executive Council shall have one vote. Unless otherwise specified in this Convention, the Executive Council shall take decisions on matters of substance by a two-thirds majority of all its members. The Executive Council shall take decisions on questions of procedure by a simple majority of all its members. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless otherwise decided by the Executive Council by the majority required for decisions on matters of substance.

Powers and functions
30.
The Executive Council shall be the executive organ of the Organization. It shall be responsible to the Conference. The Executive Council shall carry out the powers and functions entrusted to it under this Convention, as well as those functions delegated to it by the Conference. In so doing, it shall act in conformity with the recommendations, decisions and guidelines of the Conference and assure their proper and continuous implementation.

31.
The Executive Council shall promote the effective implementation of, and compliance with, this Convention. It shall supervise the activities of the Technical Secretariat, cooperate with the National Authority of each State Party and facilitate consultations and cooperation among States Parties at their request.

32.
The Executive Council shall:

(a)
Consider and submit to the Conference the draft programme and budget of the Organization;

(b)
Consider and submit to the Conference the draft report of the Organization on the implementation of this Convention, the report on the performance of its own activities and such special reports as it deems necessary or which the Conference may request;

33.
The Executive Council may request the convening of a special session of the Conference.

34.
The Executive Council shall:

(a) Conclude agreements or arrangements with States and international organizations on behalf of the Organization, subject to prior approval by the Conference;
(b)
Conclude agreements with States Parties on behalf of the Organization in connection with Article 10 and supervise the voluntary fund referred to in Article 10;

(c)
Approve agreements or arrangements relating to the implementation of verification activities, negotiated by the Technical Secretariat with States Parties.

35.
The Executive Council shall consider any issue or matter within its competence affecting this Convention and its implementation, including concerns regarding compliance, and cases of non-compliance, and, as appropriate, inform States Parties and bring the issue or matter to the attention of the Conference.

36.
In its consideration of doubts or concerns regarding compliance and cases of non-compliance, including, inter alia, abuse of the rights provided for under this Convention, the Executive Council shall consult with the States Parties involved and, as appropriate, request the State Party to take measures to redress the situation within a specified time. To the extent that the Executive Council considers further action to be necessary, it shall take, inter alia, one or more of the following measures:

(a) Inform all States Parties of the issue or matter;
(b)
Bring the issue or matter to the attention of the Conference;

The Executive Council shall, in cases of particular gravity and urgency, bring the issue or matter, including relevant information and conclusions, directly to the attention of the United Nations General Assembly and the United Nations Security Council. It shall at the same time inform all States Parties of this step.
D. The Technical Secretariat
37.
The Technical Secretariat shall assist the Conference and the Executive Council in the performance of their functions. The Technical Secretariat shall carry out the verification measures provided for in this Convention. It shall carry out the other functions entrusted to it under this Convention as well as those functions delegated to it by the Conference and the Executive Council.

38.
The Technical Secretariat shall:

(a)
Prepare and submit to the Executive Council the draft programme and budget of the Organization;

(b)
Prepare and submit to the Executive Council the draft report of the Organization on the implementation of this Convention and such other

reports as the Conference or the Executive Council may request;
(c)
Provide administrative and technical support to the Conference, the Executive Council and subsidiary organs;

(d)
Address and receive communications on behalf of the Organization to and from States Parties on matters pertaining to the implementation of this Convention;

(e)
Provide technical assistance and technical evaluation to States Parties in the implementation of the provisions of this Convention, including evaluation of scheduled and unscheduled chemicals.

39. The Technical Secretariat shall: 44. The Director-General shall be responsible to the Conference and the Executive Council for the appointment of the staff and the organization and functioning of the Technical Secretariat. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence and integrity. Only citizens of States Parties shall serve as the Director-General, as inspectors or as other members of the professional and clerical staff. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. Recruitment shall be guided by the principle that the staff shall be kept to a minimum necessary for the proper discharge of the responsibilities of the Technical Secretariat.
(a)
Negotiate agreements or arrangements relating to the implementation of verification activities with States Parties, subject to approval by the Executive Council;

(b)
Not later than 180 days after entry into force of this Convention, coordinate the establishment and maintenance of permanent stockpiles of emergency and humanitarian assistance by States Parties in accordance with Article 10, paragraphs 7 (b) and (c). The Technical Secretariat may inspect the items maintained for serviceability. Lists of items to be stockpiled shall be considered and approved by the Conference pursuant to paragraph 21 (i) above;

(c)
Administer the voluntary fund referred to in Article 10, compile declarations made by the States Parties and register, when requested, bilateral agreements concluded between States Parties or between a State Party and the Organization for the purposes of Article 10.

40.
The Technical Secretariat shall inform the Executive Council of any problem that has arisen with regard to the discharge of its functions, including doubts, ambiguities or uncertainties about compliance with this Convention that have come to its notice in the performance of its verification activities and that it has been unable to resolve or clarify through its consultations with the State Party concerned.

41.
The Technical Secretariat shall comprise a Director-General, who shall be its head and chief administrative officer, inspectors and such scientific, technical and other personnel as may be required.

42.
The Inspectorate shall be a unit of the Technical Secretariat and shall act under the supervision of the Director-General.

43.
The Director-General shall be appointed by the Conference upon the recommendation of the Executive Council for a term of four years, renewable for one further term, but not thereafter.

45.
The Director-General shall be responsible for the organization and functioning of the Scientific Advisory Board referred to in paragraph 21 (h). The Director-General shall, in consultation with States Parties, appoint members of the Scientific Advisory Board, who shall serve in their individual capacity. The members of the Board shall be appointed on the basis of their expertise in the particular scientific fields relevant to the implementation of this Convention. T he Director-General may also, as appropriate, in consultation with members of the Board, establish temporary working groups of scientific experts to provide recommendations on specific issues. In regard to the above, States Parties may submit lists of experts to the Director-General.

46.
In the performance of their duties, the Director-General, the inspectors and the other members of the staff shall not seek or receive instructions from any Government or from any other source external to the Organization. They shall refrain from any action that might reflect on their positions as international officers responsible only to the Conference and the Executive Council.

47.
Each State Party shall respect the exclusively international character of the responsibilities of the Director-General, the inspectors and the other members of the staff and not seek to influence them in the discharge of their responsibilities.

E. Privileges and Immunities

48.
The Organization shall enjoy on the territory and in any other place under the jurisdiction or control of a State Party such legal capacity and such privileges and immunities as are necessary for the exercise of its functions.

49.
Delegates of States Parties, together with their alternates and advisers, representatives appointed to the Executive Council together with their alternates and advisers, the Director-General and the staff of the Organization shall enjoy such privileges and

immunities as are necessary in the independent exercise of their functions in connection with the Organization.
50.
The legal capacity, privileges, and immunities referred to in this Article shall be defined in agreements between the Organization and the States Parties as well as in an agreement between the Organization and the State in which the headquarters of the Organization is seated. These agreements shall be considered and approved by the Conference pursuant to paragraph 21 (i).

51.
Notwithstanding paragraphs 48 and 49, the privileges and immunities enjoyed by the Director-General and the staff of the Technical Secretariat during the conduct of verification activities shall be those set forth in Part II, Section B, of the Verification Annex.

Article 9
Consultations, Cooperation and Fact-Finding
1.
States Parties shall consult and cooperate, directly among themselves, or through the Organization or other appropriate international procedures, including procedures within the framework of the United Nations and in accordance with its Charter, on any matter which may be raised relating to the object and purpose, or the implementation of the provisions, of this Convention.

2.
Without prejudice to the right of any State Party to request a challenge inspection, States Parties should, whenever possible, first make every effort to clarify and resolve, through exchange of information and consultations among themselves, any matter which may cause doubt about compliance with this Convention, or which gives rise to concerns about a related matter which may be considered ambiguous. A State Party which receives a request from another State Party for clarification of any matter which the requesting State Party believes causes such a doubt or concern shall provide the requesting State Party as soon as possible, but in any case not later than 10 days after the request, with information sufficient to answer the doubt or concern raised along with an explanation of how the information provided resolves the matter. Nothing in this Convention shall affect the right of any two or more States Parties to arrange by mutual consent for inspections or any other procedures among themselves to clarify and resolve any matter which may cause doubt about compliance or gives rise to a concern about a related matter which may be considered ambiguous. Such arrangements shall not affect the rights and obligations of any State Party under other provisions of this Convention.

Procedure for requesting clarification
3.
A State Party shall have the right to request the Executive Council to assist in clarifying any situation which may be considered ambiguous or which gives rise to a concern about the possible non-compliance of another State Party with this Convention. The Executive Council shall provide appropriate information in its possession relevant to such a concern.

4.
A State Party shall have the right to request the Executive Council to obtain clarification from another State Party on any situation which may be considered ambiguous or which gives rise to a concern about its possible non-compliance with this Convention. In such a case, the following shall apply:

(a)
The Executive Council shall forward the request for clarification to the State Party concerned through the Director-General not later than 24 hours after its receipt;

(b)
The requested State Party shall provide the clarification to the Executive Council as soon as possible, but in any case not later than 10 days after the receipt of the request;

(c)
The Executive Council shall take note of the clarification and forward it to the requesting State Party not later than 24 hours after its receipt;

(d)
If the requesting State Party deems the clarification to be inadequate, it shall have the right to request the Executive Council to obtain from the requested State Party further clarification;

(e)
For the purpose of obtaining further clarification requested under subparagraph (d), the Executive Council may call on the Director-General to establish a group of experts from the Technical Secretariat, or if appropriate staff are not available in the Technical Secretariat, from elsewhere, to examine all available information and data relevant to the situation causing the concern. The group of experts shall submit a factual report to the Executive Council on its findings;

(f)
If the requesting State Party considers the clarification obtained under subparagraphs (d) and (e) to be unsatisfactory, it shall have the right to request a special session of the Executive Council in which States Parties involved that are not members of the Executive Council shall be entitled to take part. In such a special session, the Executive Council shall consider the matter and may recommend any measure it deems appropriate to resolve the situation.

5. A State Party shall also have the right to request the Executive Council to clarify any situation which has been considered ambiguous or has given rise to a concern about its possible non-compliance with this Convention. The Executive Council shall respond by providing such assistance as appropriate.

6.
The Executive Council shall inform the States Parties about any request for clarification provided in this Article.

7.
If the doubt or concern of a State Party about a possible non-compliance has not been resolved within 60 days after the submission of the request for clarification to the Executive Council, or it believes its doubts warrant urgent consideration, notwithstanding its right to request a challenge inspection, it may request a special session of the Conference in accordance with Article VIII, paragraph 12 (c). At such a special session, the Conference shall consider the matter and may recommend any measure it deems appropriate to resolve the situation.

Procedures for challenge inspections

8.
Each State Party has the right to request an on-site challenge inspection of any facility or location in the territory or in any other place under the jurisdiction or control of any other State Party for the sole purpose of clarifying and resolving any questions concerning possible non-compliance with the provisions of this Convention, and to have this inspection conducted anywhere without delay by an inspection team designated by the Director-General and in accordance with the Verification Annex.

9.
Each State Party is under the obligation to keep the inspection request within the scope of this Convention and to provide in the inspection request all appropriate information on the basis of which a concern has arisen regarding possible non-compliance with this Convention as specified in the Verification Annex. Each State Party shall refrain from unfounded inspection requests, care being taken to avoid abuse. The challenge inspection shall be carried out for the sole purpose of determining facts relating to the possible non-compliance.

10.
For the purpose of verifying compliance with the provisions of this Convention, each State Party shall permit the Technical Secretariat to conduct the on-site challenge inspection pursuant to paragraph 8.

11.
Pursuant to a request for a challenge inspection of a facility or location, and in accordance with the procedures provided for in the Verification Annex, the inspected State Party shall have:

(a)
The right and the obligation to make every reasonable effort to demonstrate its compliance with this Convention and, to this end, to enable the inspection team to fulfil its mandate;

(b)
The obligation to provide access within the requested site for the sole purpose of establishing facts relevant to the concern regarding possible noncompliance; and

(c) The right to take measures to protect sensitive installations, and to prevent disclosure of confidential information and data, not related to this Convention.
12. With regard to an observer, the following shall apply:
(a)
The requesting State Party may, subject to the agreement of the inspected State Party, send a representative who may be a national either of the requesting State Party or of a third State Party, to observe the conduct of the challenge inspection.

(b)
The inspected State Party shall then grant access to the observer in accordance with the Verification Annex.

(c)
The inspected State Party shall, as a rule, accept the proposed observer, but if the inspected State Party exercises a refusal, that fact shall be recorded in the final report.

13.
The requesting State Party shall present an inspection request for an on-site challenge inspection to the Executive Council and at the same time to the Director-General for immediate processing.

14.
The Director-General shall immediately ascertain that the inspection request meets the requirements specified in Part X, paragraph 4, of the Verification Annex, and, if necessary, assist the requesting State Party in filing the inspection request accordingly. When the inspection request fulfils the requirements, preparations for the challenge inspection shall begin.

15.
The Director-General shall transmit the inspection request to the inspected State Party not less than 12 hours before the planned arrival of the inspection team at the point of entry.

16.
After having received the inspection request, the Executive Council shall take cognizance of the Director-General's actions on the request and shall keep the case under its consideration throughout the inspection procedure. However, its deliberations shall not delay the inspection process.

17.
The Executive Council may, not later than 12 hours after having received the inspection request, decide by a three-quarter majority of all its members against carrying out the challenge inspection, if it considers the inspection request to be frivolous, abusive or clearly beyond the scope of this Convention as described in paragraph 8. Neither the requesting nor the inspected State Party shall participate in such a decision. If the Executive Council decides against the challenge inspection, preparations shall be stopped, no further action on the inspection request shall be taken, and the States Parties concerned shall be informed accordingly.

18.
The Director-General shall issue an inspection mandate for the conduct of the challenge inspection.

The inspection mandate shall be the inspection request referred to in paragraphs 8 and 9 put into operational terms, and shall conform with the inspection request.
19.
The challenge inspection shall be conducted in accordance with Part X or, in the case of alleged use, in accordance with Part XI of the Verification Annex. The inspection team shall be guided by the principle of conducting the challenge inspection in the least intrusive manner possible, consistent with the effective and timely accomplishment of its mission.

20.
The inspected State Party shall assist the inspection team throughout the challenge inspection and facilitate its task. If the inspected State Party proposes, pursuant to Part X, Section C, of the Verification Annex, arrangements to demonstrate compliance with this Convention, alternative to full and comprehensive access, it shall make every reasonable effort, through consultations with the inspection team, to reach agreement on the modalities for establishing the facts with the aim of demonstrating its compliance.

21.
The final report shall contain the factual findings as well as an assessment by the inspection team of the degree and nature of access and cooperation granted for the satisfactory implementation of the challenge inspection. The Director-General shall promptly transmit the final report of the inspection team to the requesting State Party, to the inspected State Party, to the Executive Council and to all other States Parties. The Director-General shall further transmit promptly to the Executive Council the assessments of the requesting and of the inspected States Parties, as well as the views of other States Parties which may be conveyed to the Director-General for that purpose, and then provide them to all States Parties.

22.
The Executive Council shall, in accordance with its powers and functions, review the final report of the inspection team as soon as it is presented, and address any concerns as to:

(a) Whether any non-compliance has occurred;
(b)
Whether the request had been within the scope of this Convention; and

23. If the Executive Council reaches the conclusion, in keeping with its powers and functions, that further action may be necessary with regard to paragraph 22, it shall take the appropriate measures to redress the situation and to ensure compliance with this Convention, including specific recommendations to the Conference. In the case of abuse, the Executive Council shall examine whether the requesting State Party should bear any of the financial implications of the challenge inspection.
24.
The requesting State Party and the inspected State Party shall have the right to participate in the review process. The Executive Council shall inform the States Parties and the next session of the Conference of the outcome of the process.

25.
If the Executive Council has made specific recommendations to the Conference, the Conference shall consider action in accordance with Article 7.

Article 10
Assistance and Protection Against Chemical Weapons
1.
For the purposes of this Article, “Assistance” means the coordination and delivery to States Parties of protection against chemical weapons, including, inter alia, the following: detection equipment and alarm systems; protective equipment; decontamination equipment and decontaminants; medical antidotes and treatments; and advice on any of these protective measures.

2.
Nothing in this Convention shall be interpreted as impeding the right of any State Party to conduct research into, develop, produce, acquire, transfer or use means of protection against chemical weapons, for purposes not prohibited under this Convention.

3.
Each State Party undertakes to facilitate, and shall have the right to participate in, the fullest possible exchange of equipment, material and scientific and technological information concerning means of protection against chemical weapons.

4.
For the purposes of increasing the transparency of national programmes related to protective purposes, each State Party shall provide annually to the Technical Secretariat information on its programme, in accordance with procedures to be considered and approved by the Conference pursuant to Article 8, paragraph 21 (i).

5.
The Technical Secretariat shall establish, not later than 180 days after entry into force of this Convention and maintain, for the use of any requesting State Party, a data bank containing freely available information concerning various means of protection against chemical weapons as well as such information as may be provided by States Parties.

The Technical Secretariat shall also, within the resources available to it, and at the request of a State Party, provide expert advice and assist the State Party in identifying how its programmes for the development and improvement of a protective capacity against chemical weapons could be implemented.

6.
Nothing in this Convention shall be interpreted as impeding the right of States Parties to request and provide assistance bilaterally and to conclude

individual agreements with other States Parties concerning the emergency procurement of assistance.
7. Each State Party undertakes to provide assistance through the Organization and to this end to elect to take one or more of the following measures:
(a)
To contribute to the voluntary fund for assistance to be established by the Conference at its first session;

(b)
To conclude, if possible not later than 180 days after this Convention enters into force for it, agreements with the Organization concerning the procurement, upon demand, of assistance;

(c)
To declare, not later than 180 days after this Convention enters into force for it, the kind of assistance it might provide in response to an appeal by the Organization. If, however, a State Party subsequently is unable to provide the assistance envisaged in its declaration, it is still under the obligation to provide assistance in accordance with this paragraph.

8. Each State Party has the right to request and, subject to the procedures set forth in paragraphs 9, 10 and 11, to receive assistance and protection against the use or threat of use of chemical weapons if it considers that:
(a) Chemical weapons have been used against it;

(b)
Riot control agents have been used against it as a method of warfare; or

9. The request, substantiated by relevant information, shall be submitted to the Director-General, who shall transmit it immediately to the Executive Council and to all States Parties. The Director-General shall immediately forward the request to States Parties which have volunteered, in accordance with paragraphs 7 (b) and (c), to dispatch emergency assistance in case of use of chemical weapons or use of riot control agents as a method of warfare, or humanitarian assistance in case of serious threat of use of chemical weapons or serious threat of use of riot control agents as a method of warfare to the State Party concerned not later than 12 hours after receipt of the request. The Director-General shall initiate, not later than 24 hours after receipt of the request, an investigation in order to provide foundation for further action. He shall complete the investigation within 72 hours and forward a report to the Executive Council. If additional time is required for completion of the investigation, an interim report shall be submitted within the same time-frame. The additional time required for investigation shall not exceed 72 hours. It may, however, be further extended by similar periods. Reports at the end of each additional period shall be submitted to the Executive Council. The investigation shall, as appropriate and in conformity with the request and the information accompanying the request, establish relevant facts related to the request as well as the type and scope of supplementary assistance and protection needed.
10.
The Executive Council shall meet not later than 24 hours after receiving an investigation report to consider the situation and shall take a decision by simple majority within the following 24 hours on whether to instruct the Technical Secretariat to provide supplementary assistance. The Technical Secretariat shall immediately transmit to all States Parties and relevant international organizations the investigation report and the decision taken by the Executive Council. When so decided by the Executive Council, the Director-General shall provide assistance immediately. For this purpose, the Director-General may cooperate with the requesting State Party, other States Parties and relevant international organizations. The States Parties shall make the fullest possible efforts to provide assistance.

11.
If the information available from the ongoing investigation or other reliable sources would give sufficient proof that there are victims of use of chemical weapons and immediate action is indispensable, the Director-General shall notify all States Parties and shall take emergency measures of assistance, using the resources the Conference has placed at his disposal for such contingencies. The Director-General shall keep the Executive Council informed of actions undertaken pursuant to this paragraph.

Article 11
Economic and Technological Development

1.
The provisions of this Convention shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this Convention including the international exchange of scientific and technical information and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under this Convention.

2.
Subject to the provisions of this Convention and without prejudice to the principles and applicable rules of international law, the States Parties shall:

(a)
Have the right, individually or collectively, to conduct research with, to develop, produce, acquire, retain, transfer, and use chemicals;

(b)
Undertake to facilitate, and have the right to participate in, the fullest possible exchange of chemicals, equipment and scientific and technical

information relating to the development and application of chemistry for purposes not prohibited under this Convention;
(c)
Not maintain among themselves any restrictions, including those in any international agreements, incompatible with the obligations undertaken under this Convention, which would restrict or impede trade and the development and promotion of scientific and technological knowledge in the field of chemistry for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;

(d)
Not use this Convention as grounds for applying any measures other than those provided for, or permitted, under this Convention nor use any other international agreement for pursuing an objective inconsistent with this Convention;

(e)
Undertake to review their existing national regulations in the field of trade in chemicals in order to render them consistent with the object and purpose of this Convention.

Article 12
Measures to Redress a Situation and to Ensure
Compliance, Including Sanctions

1.
The Conference shall take the necessary measures, as set forth in paragraphs 2, 3 and 4, to ensure compliance with this Convention and to redress and remedy any situation which contravenes the provisions of this Convention. In considering action pursuant to this paragraph, the Conference shall take into account all information and recommendations on the issues submitted by the Executive Council.

2.
In cases where a State Party has been requested by the Executive Council to take measures to redress a situation raising problems with regard to its compliance, and where the State Party fails to fulfil the request within the specified time, the Conference may, inter alia, upon the recommendation of the Executive Council, restrict or suspend the State Party's rights and privileges under this Convention until it undertakes the necessary action to conform with its obligations under this Convention.

3.
In cases where serious damage to the object and purpose of this Convention may result from activities prohibited under this Convention, in particular by Article 1, the Conference may recommend collective measures to States Parties in conformity with international law.

4.
The Conference shall, in cases of particular gravity, bring the issue, including relevant information and conclusions, to the attention of the United Nations General Assembly and the United Nations Security Council.

Article 13
Relation to Other International Agreements
Nothing in this Convention shall be interpreted as in any way limiting or detracting from the obligations assumed by any State under the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, and under the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, signed at London, Moscow and Washington on 10 April 1972.
Article 14
Settlement of Disputes
1.
Disputes that may arise concerning the application or the interpretation of this Convention shall be settled in accordance with the relevant provisions of this Convention and in conformity with the provisions of the Charter of the United Nations.

2.
When a dispute arises between two or more States Parties, or between one or more States Parties and the Organization, relating to the interpretation or application of this Convention, the parties concerned shall consult together with a view to the expeditious settlement of the dispute by negotiation or by other peaceful means of the parties' choice, including recourse to appropriate organs of this Convention and, by mutual consent, referral to the International Court of Justice in conformity with the Statute of the Court. The States Parties involved shall keep the Executive Council informed of actions being taken.

3.
The Executive Council may contribute to the settlement of a dispute by whatever means it deems appropriate, including offering its good offices, calling upon the States Parties to a dispute to start. the settlement process of their choice and recommending a time-limit for any agreed procedure.

4.
The Conference shall consider questions related to disputes raised by States Parties or brought to its attention by the Executive Council. The Conference shall, as it finds necessary, establish or entrust organs with tasks related to the settlement of these disputes in conformity with Article 8, paragraph 21 (f).

5.
The Conference and the Executive Council are separately empowered, subject to authorization from the General Assembly of the United Nations, to request the International Court of Justice to give an advisory opinion on any legal question arising within the scope of the activities of the Organization. An agreement between the Organization and the United Nations shall

be concluded for this purpose in accordance with Article 8, paragraph 34 (a).
6. This Article is without prejudice to Article 9 or to the provisions on measures to redress a situation and to ensure compliance, including sanctions.
Article 15
Amendments

1.
Any State Party may propose amendments to this Convention. Any State Party may also propose changes, as specified in paragraph 4, to the Annexes of this Convention. Proposals for amendments shall be subject to the procedures in paragraphs 2 and 3. Proposals for changes, as specified in paragraph 4, shall be subject to the procedures in paragraph 5.

2.
The text of a proposed amendment shall be submitted to the Director-General for circulation to all States Parties and to the Depositary. The proposed amendment shall be considered only by an Amendment Conference. Such an Amendment Conference shall be convened if one third or more of the States Parties notify the Director-General not later than 30 days after its circulation that they support further consideration of the proposal. The Amendment Conference shall be held immediately following a regular session of the Conference unless the requesting States Parties ask for an earlier meeting. In no case shall an Amendment Conference be held less than 60 days after the circulation of the proposed amendment.

3.
Amendments shall enter into force for all States Parties 30 days after deposit of the instruments of ratification or acceptance by all the States Parties referred to under subparagraph (b) below:

(a)
When adopted by the Amendment Conference by a positive vote of a majority of all States Parties with no State Party casting a negative vote; and

(b)
Ratified or accepted by all those States Parties casting a positive vote at the Amendment Conference.

4.
In order to ensure the viability and the effectiveness of this Convention, provisions in the Annexes shall be subject to changes in accordance with paragraph 5, if proposed changes are related only to matters of an administrative or technical nature. All changes to the Annex on Chemicals shall be made in accordance with paragraph 5. Sections A and C of the Confidentiality Annex, Part X of the Verification Annex, and those definitions in Part I of the Verification Annex which relate exclusively to challenge inspections, shall not be subject to changes in accordance with paragraph 5.

5.
Proposed changes referred to in paragraph 4 shall be made in accordance with the following procedures:

(a)
The text of the proposed changes shall be transmitted together with the necessary information to the Director-General. Additional information for the evaluation of the proposal may be provided by any State Party and the Director-General. The Director-General shall promptly communicate any such proposals and information to all States Parties, the Executive Council and the Depositary;

(b)
Not later than 60 days after its receipt, the Director-General shall evaluate the proposal to determine all its possible consequences for the provisions of this Convention and its implementation and shall communicate any such information to all States Parties and the Executive Council;

(c)
The Executive Council shall examine the proposal in the light of all information available to it, including whether the proposal fulfils the requirements of paragraph 4. Not later than 90 days after its receipt, the Executive Council shall notify its recommendation, with appropriate explanations, to all States Parties for consideration. States Parties shall acknowledge receipt within 10 days;

(d)
If the Executive Council recommends to all States Parties that the proposal be adopted, it shall be considered approved if no State Party objects to it within 90 days after receipt of the recommendation. If the Executive Council recommends that the proposal be rejected, it shall be considered rejected if no State Party objects to the rejection within 90 days after receipt of the recommendation;

(e)
If a recommendation of the Executive Council does not meet with the acceptance required under subparagraph (d), a decision on the proposal, including whether it fulfils the requirements of paragraph 4, shall be taken as a matter of substance by the Conference at its next session;

(f)
The Director-General shall notify all States Parties and the Depositary of any decision under this paragraph;

(g)
Changes approved under this procedure shall enter into force for all States Parties 180 days after the date of notification by the Director-General of their approval unless another time period is recommended by the Executive Council or decided by the Conference.

Article 16
Duration and Withdrawal

1.
This Convention shall be of unlimited duration.

2.
Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention if it decides that extraordinary events, related to the subject-matter of this Convention, have

jeopardized the supreme interests of its country. It shall give notice of such withdrawal 90 days in advance to all other States Parties, the Executive Council, the Depositary and the United Nations Security Council. Such notice shall include a statement of the extraordinary events it regards as having jeopardized its supreme interests.
3. The withdrawal of a State Party from this Convention shall not in any way affect the duty of States to continue fulfilling the obligations assumed under any relevant rules of international law, particularly the Geneva Protocol of 1925.
Article 17
Status of the Annexes
The Annexes form an integral part. of this Convention. Any reference to this Convention includes the Annexes.
Article 18
Signature
This Convention shall be open for signature for all States before its entry into force.
Article 19
Ratification
This Convention shall be subject to ratification by States Signatories according to their respective constitutional processes.
Article 20
Accession
Any State which does not sign this Convention before its entry into force may accede to it at any time thereafter.
Article 21
Entry Into Force
1.
This Convention shall enter into force 180 days after the date of the deposit of the 65th instrument of ratification, but in no case earlier than two years after its opening for signature.

2.
For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the 30th day following the date of deposit of their instrument of ratification or accession.

Article 22
Reservations
The Articles of this Convention shall not be subject to reservations. The Annexes of this Convention shall not be subject to reservations incompatible with its object and purpose.
Article 23
Depositary
The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention and shall, inter alia:
(a)
Promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession and the date of the entry into force of this Convention, and of the receipt of other notices;

(b)
Transmit duly certified copies of this Convention to the Governments of all signatory and acceding States; and

Article 24
Authentic Texts
This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.
DONE at Paris on the thirteenth day of January, one thousand nine hundred and ninety-three.
U.S. DECLARATION
“Subject to the condition which relates to the Annex on Implementation and Verification, that no sample collected in the United States pursuant to the Convention will be transferred for analysis to any laboratory outside the territory of the United States.”

CONVENTION ON THE
PROHIBITION OF THE USE,
STOCKPILING, PRODUCTION AND
TRANSFER OF ANTI-PERSONNEL
MINES AND ON THEIR
DESTRUCTION

18 SEPTEMBER 1997
Preamble

The States Parties,
Determined to put an end to the suffering and casualties caused by anti-personnel mines, that kill or maim hundreds of people every week, mostly innocent and defenceless civilians and especially children, obstruct economic development and reconstruction, inhibit the repatriation of refugees and internally displaced persons, and have other severe consequences for years after emplacement,
Believing it necessary to do their utmost to contribute in an efficient and coordinated manner to face the challenge of removing anti-personnel mines placed throughout the world, and to assure their destruction,
Wishing to do their utmost in providing assistance for the care and rehabilitation, including the social and economic reintegration of mine victims,
Recognizing that a total ban of anti-personnel mines would also be an important confidence-building measure,
Welcoming the adoption of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, and calling for the early ratification of this Protocol by all States which have not yet done so,
Welcoming also United Nations General Assembly Resolution 51/45 S of 10 December 1996 urging all States to pursue vigorously an effective, legally-binding international agreement to ban the use, stockpiling, production and transfer of anti-personnel landmines, Welcoming furthermore the measures taken over the past years, both unilaterally and multilaterally, aiming at prohibiting, restricting or suspending the use, stockpiling, production and transfer of anti-personnel mines,
Stressing the role of public conscience in furthering the principles of humanity as evidenced by the call for a total ban of anti-personnel mines and recognizing the efforts to that end undertaken by the International Red Cross and Red Crescent Movement, the International Campaign to Ban Landmines and numerous other nongovernmental organizations around the world,
Recalling the Ottawa Declaration of 5 October 1996 and the Brussels Declaration of 27 June 1997 urging the international community to negotiate an international and legally binding agreement prohibiting the use, stockpiling, production and transfer of antipersonnel mines,
Emphasizing the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalization in all relevant fora including, inter alia, the United Nations, the Conference on Disarmament, regional organizations, and groupings, and review conferences of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects,
Basing themselves on the principle of international humanitarian law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, on the principle that prohibits the employment in armed conflicts of weapons, projectiles and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering and on the principle that a distinction must be made between civilians and combatants,
Have agreed as follows:
Article 1
General obligations

1. Each State Party undertakes never under any circumstances:
a. To use anti-personnel mines;

b. To develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, anti-personnel mines;
c. To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention.
2. Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in accordance with the provisions of this Convention.
Article 2
Definitions
1.
“Anti-personnel mine” means a mine designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons. Mines designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, that are equipped with anti-handling devices, are not considered anti-personnel mines as a result of being so equipped.

2.
“Mine” means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle.

3.
“Anti-handling device” means a device intended to protect a mine and which is part. of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine.

4.
“Transfer” involves, in addition to the physical movement of anti-personnel mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced anti-personnel mines.

5.
“Mined area” means an area which is dangerous due to the presence or suspected presence of mines.

Article 3
Exceptions
1.
Notwithstanding the general obligations under Article 1, the retention or transfer of a number of antipersonnel mines for the development of and training in mine detection, mine clearance, or mine destruction techniques is permitted. The amount of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.

2.
The transfer of anti-personnel mines for the purpose of destruction is permitted.

Article 4
Destruction of stockpiled anti-personnel mines
Except as provided for in Article 3, each State Party undertakes to destroy or ensure the destruction of all stockpiled anti-personnel mines it owns or possesses, or that are under its jurisdiction or control, as soon as possible but not later than four years after the entry into force of this Convention for that State Party.
Article 5
Destruction of anti-personnel mines in mined areas
1.
Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in mined areas under its jurisdiction or control, as soon as possible but not later than ten years after the entry into force of this Convention for that State Party.

2.
Each State Party shall make every effort to identify all areas under its jurisdiction or control in which antipersonnel mines are known or suspected to be emplaced and shall ensure as soon as possible that all anti-personnel mines in mined areas under its jurisdiction or control are perimeter-marked, monitored and protected by fencing or other means, to ensure the effective exclusion of civilians, until all anti-personnel mines contained therein have been destroyed. The marking shall at least be to the standards set out in the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects.

3.
If a State Party believes that it will be unable to destroy or ensure the destruction of all anti-personnel mines referred to in paragraph 1 within that time period, it may submit a request to a Meeting of the States Parties or a Review Conference for an extension of the deadline for completing the destruction of such anti-personnel mines, for a period of up to ten years.

4.
Each request shall contain:

a. The duration of the proposed extension;
b. A detailed explanation of the reasons for the proposed extension, including:
(i)
The preparation and status of work conducted under national demining programs;

(ii)
The financial and technical means available to the State Party for the destruction of all the anti-personnel mines; and

(iii)
Circumstances which impede the ability of the State Party to destroy all the anti-personnel mines in mined areas;

c.
The humanitarian, social, economic, and environmental implications of the extension; and

d.
Any other information relevant to the request for the proposed extension.

5.
The Meeting of the States Parties or the Review Conference shall, taking into consideration the factors contained in paragraph 4, assess the request and decide by a majority of votes of States Parties present and voting whether to grant the request for an extension period.

6.
Such an extension may be renewed upon the submission of a new request in accordance with paragraphs 3, 4 and 5 of this Article. In requesting a further extension period a State Party shall submit relevant additional information on what has been undertaken in the previous extension period pursuant to this Article.

Article 6
International cooperation and assistance

1.
In fulfilling its obligations under this Convention each State Party has the right to seek and receive assistance, where feasible, from other States Parties to the extent possible.

2.
Each State Party undertakes to facilitate and shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information concerning the implementation of this Convention. The States Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes.

3.
Each State Party in a position to do so shall provide assistance for the care and rehabilitation, and social and economic reintegration, of mine victims and for mine awareness programs. Such assistance may be provided, inter alia, through the United Nations system, international, regional or national organizations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organizations, or on a bilateral basis.

4.
Each State Party in a position to do so shall provide assistance for mine clearance and related activities. Such assistance may be provided, inter alia, through the United Nations system, international or regional organizations or institutions, nongovernmental organizations or institutions, or on a bilateral basis, or by contributing to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance, or other regional funds that deal with demining.

5.
Each State Party in a position to do so shall provide assistance for the destruction of stockpiled anti-personnel mines.

concerning various means and technologies of mine clearance, and lists of experts, expert agencies or national points of contact on mine clearance.
7. States Parties may request the United Nations, regional organizations, other States Parties or other competent intergovernmental or non-governmental fora to assist its authorities in the elaboration of a national demining program to determine, inter alia:
a.
The extent and scope of the anti-personnel mine problem;

b.
The financial, technological and human resources that are required for the implementation of the program;

c.
The estimated number of years necessary to destroy all anti-personnel mines in mined areas under the jurisdiction or control of the concerned State Party;

d.
Mine awareness activities to reduce the incidence of mine-related injuries or deaths;

e. Assistance to mine victims;

f.
The relationship between the Government of the concerned State Party and the relevant governmental, inter-governmental or nongovernmental entities that will work in the implementation of the program.

8. Each State Party giving and receiving assistance under the provisions of this Article shall cooperate with a view to ensuring the full and prompt implementation of agreed assistance programs.
Article 7
Transparency measures

1. Each State Party shall report to the Secretary-General of the United Nations as soon as practicable, and in any event not later than 180 days after the entry into force of this Convention for that State Party on:
a.
The national implementation measures referred to in Article 9;

b.
The total of all stockpiled anti-personnel mines owned or possessed by it, or under its jurisdiction or control, to include a breakdown of the type, quantity and, if possible, lot numbers of each type of anti-personnel mine stockpiled;

c.
To the extent possible, the location of all mined areas that contain, or are suspected to contain, anti-personnel mines under its jurisdiction or control, to include as much detail as possible regarding the type and quantity of each type of anti-personnel mine in each mined area and when they were emplaced;

6. Each State Party undertakes to provide information d. The types, quantities and, if possible, lot to the database on mine clearance established within numbers of all anti-personnel mines retained or the United Nations system, especially information transferred for the development of and training in mine
detection, mine clearance or mine destruction techniques, or transferred for the purpose of destruction, as well as the institutions authorized by a State Party to retain or transfer anti-personnel mines, in accordance with Article 3;
e.
The status of programs for the conversion or de-commissioning of anti-personnel mine production facilities;

f.
The status of programs for the destruction of anti-personnel mines in accordance with Articles 4 and 5, including details of the methods which will be used in destruction, the location of all destruction sites and the applicable safety and environmental standards to be observed;

g.
The types and quantities of all anti-personnel mines destroyed after the entry into force of this Convention for that State Party, to include a breakdown of the quantity of each type of anti-personnel mine destroyed, in accordance with Articles 4 and 5, respectively, along with, if possible, the lot numbers of each type of anti-personnel mine in the case of destruction in accordance with Article 4;

h.
The technical characteristics of each type of anti-personnel mine produced, to the extent known, and those currently owned or possessed by a State Party, giving, where reasonably possible, such categories of information as may facilitate identification and clearance of anti-personnel mines; at a minimum, this information shall include the dimensions, fusing, explosive content, metallic content, colour photographs and other information which may facilitate mine clearance; and

i.
The measures taken to provide an immediate and effective warning to the population in relation to all areas identified under paragraph 2 of Article 5.

2.
The information provided in accordance with this Article shall be updated by the States Parties annually, covering the last calendar year, and reported to the Secretary-General of the United Nations not later than 30 April of each year.

3.
The Secretary-General of the United Nations shall transmit all such reports received to the States Parties.

Article 8
Facilitation and clarification of compliance
1.
The States Parties agree to consult and cooperate with each other regarding the implementation of the provisions of this Convention, and to work together in a spirit of cooperation to facilitate compliance by States Parties with their obligations under this Convention.

2.
If one or more States Parties wish to clarify and seek to resolve questions relating to compliance with

the provisions of this Convention by another State Party, it may submit, through the Secretary-General of the United Nations, a Request for Clarification of that matter to that State Party. Such a request shall be accompanied by all appropriate information. Each State Party shall refrain from unfounded Requests for Clarification, care being taken to avoid abuse. A State Party that receives a Request for Clarification shall provide, through the Secretary-General of the United Nations, within 28 days to the requesting State Party all information which would assist in clarifying this matter.
3.
If the requesting State Party does not receive a response through the Secretary-General of the United Nations within that time period, or deems the response to the Request for Clarification to be unsatisfactory, it may submit the matter through the Secretary-General of the United Nations to the next Meeting of the States Parties. The Secretary-General of the United Nations shall transmit the submission, accompanied by all appropriate information pertaining to the Request for Clarification, to all States Parties. All such information shall be presented to the requested State Party which shall have the right to respond.

4.
Pending the convening of any meeting of the States Parties, any of the States Parties concerned may request the Secretary-General of the United Nations to exercise his or her good offices to facilitate the clarification requested.

5.
The requesting State Party may propose through the Secretary-General of the United Nations the convening of a Special Meeting of the States Parties to consider the matter. The Secretary-General of the United Nations shall thereupon communicate this proposal and all information submitted by the States Parties concerned, to all States Parties with a request that they indicate whether they favour a Special Meeting of the States Parties, for the purpose of considering the matter. In the event that within 14 days from the date of such communication, at least one-third of the States Parties favours such a Special Meeting, the Secretary-General of the United Nations shall convene this Special Meeting of the States Parties within a further 14 days. A quorum for this Meeting shall consist of a majority of States Parties.

6.
The Meeting of the States Parties or the Special Meeting of the States Parties, as the case may be, shall first determine whether to consider the matter further, taking into account all information submitted by the States Parties concerned. The Meeting of the States Parties or the Special Meeting of the States Parties shall make every effort to reach a decision by consensus. If despite all efforts to that end no agreement has been reached, it shall take this decision by a majority of States Parties present and voting.

7.
All States Parties shall cooperate fully with the Meeting of the States Parties or the Special Meeting of the States Parties in the fulfilment of its review of the matter, including any fact-finding missions that are authorized in accordance with paragraph 8.

8.
If further clarification is required, the Meeting of the States Parties or the Special Meeting of the States Parties shall authorize a fact-finding mission and decide on its mandate by a majority of States Parties present and voting. At any time the requested State Party may invite a fact-finding mission to its territory. Such a mission shall take place without a decision by a Meeting of the States Parties or a Special Meeting of the States Parties to authorize such a mission. The mission, consisting of up to 9 experts, designated and approved in accordance with paragraphs 9 and 10, may collect additional information on the spot or in other places directly related to the alleged compliance issue under the jurisdiction or control of the requested State Party.

9.
The Secretary-General of the United Nations shall prepare and update a list of the names, nationalities and other relevant data of qualified experts provided by States Parties and communicate it to all States Parties. Any expert included on this list shall be regarded as designated for all fact-finding missions unless a State Party declares its non-acceptance in writing. In the event of non-acceptance, the expert shall not participate in fact-finding missions on the territory or any other place under the jurisdiction or control of the objecting State Party, if the non-acceptance was declared prior to the appointment of the expert to such missions.

10.
Upon receiving a request from the Meeting of the States Parties or a Special Meeting of the States Parties, the Secretary-General of the United Nations shall, after consultations with the requested State Party, appoint the members of the mission, including its leader. Nationals of States Parties requesting the fact-finding mission or directly affected by it shall not be appointed to the mission. The members of the fact-finding mission shall enjoy privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations, adopted on 13 February 1946.

11.
Upon at least 72 hours notice, the members of the fact-finding mission shall arrive in the territory of the requested State Party at the earliest opportunity. The requested State Party shall take the necessary administrative measures to receive, transport and accommodate the mission, and shall be responsible for ensuring the security of the mission to the maximum extent possible while they are on territory under its control.

12.
Without prejudice to the sovereignty of the requested State Party, the fact-finding mission may

bring into the territory of the requested State Party the necessary equipment which shall be used exclusively for gathering information on the alleged compliance issue. Prior to its arrival, the mission will advise the requested State Party of the equipment that it intends to utilize in the course of its fact-finding mission.
13.
The requested State Party shall make all efforts to ensure that the fact-finding mission is given the opportunity to speak with all relevant persons who may be able to provide information related to the alleged compliance issue.

14.
The requested State Party shall grant access for the fact-finding mission to all areas and installations under its control where facts relevant to the compliance issue could be expected to be collected. This shall be subject to any arrangements that the requested State Party considers necessary for:

a.
The protection of sensitive equipment, information and areas;

b.
The protection of any constitutional obligations the requested State Party may have with regard to proprietary rights, searches and seizures, or other constitutional rights; or

c.
The physical protection and safety of the members of the fact-finding mission.

In the event that the requested State Party makes such arrangements, it shall make every reasonable effort to demonstrate through alternative means its compliance with this Convention.
15.
The fact-finding mission may remain in the territory of the State Party concerned for no more than 14 days, and at any particular site no more than 7 days, unless otherwise agreed.

16.
All information provided in confidence and not related to the subject matter of the fact-finding mission shall be treated on a confidential basis.

17.
The fact-finding mission shall report, through the Secretary-General of the United Nations, to the Meeting of the States Parties or the Special Meeting of the States Parties the results of its findings.

18.
The Meeting of the States Parties or the Special Meeting of the States Parties shall consider all relevant information, including the report submitted by the fact-finding mission, and may request the requested State Party to take measures to address the compliance issue within a specified period of time. The requested State Party shall report on all measures taken in response to this request.

19.
The Meeting of the States Parties or the Special Meeting of the States Parties may suggest to the States Parties concerned ways and means to further clarify or resolve the matter under consideration, including the

initiation of appropriate procedures in conformity with international law. In circumstances where the issue at hand is determined to be due to circumstances beyond the control of the requested State Party, the Meeting of the States Parties or the Special Meeting of the States Parties may recommend appropriate measures, including the use of cooperative measures referred to in Article 6.
20. The Meeting of the States Parties or the Special Meeting of the States Parties shall make every effort to reach its decisions referred to in paragraphs 18 and 19 by consensus, otherwise by a two-thirds majority of States Parties present and voting.
Article 9
National implementation measures
Each State Party shall take all appropriate legal, administrative and other measures, including the imposition of penal sanctions, to prevent and suppress any activity prohibited to a State Party under this Convention undertaken by persons or on territory under its jurisdiction or control.
Article 10
Settlement of disputes
1.
The States Parties shall consult and cooperate with each other to settle any dispute that may arise with regard to the application or the interpretation of this Convention. Each State Party may bring any such dispute before the Meeting of the States Parties.

2.
The Meeting of the States Parties may contribute to the settlement of the dispute by whatever means it deems appropriate, including offering its good offices, calling upon the States parties to a dispute to start. the settlement procedure of their choice and recommending a time-limit for any agreed procedure.

3.
This Article is without prejudice to the provisions of this Convention on facilitation and clarification of compliance.

Article 11
Meetings of the States Parties
1. The States Parties shall meet regularly in order to consider any matter with regard to the application or implementation of this Convention, including:
a. The operation and status of this Convention;
b.
Matters arising from the reports submitted under the provisions of this Convention;

c.
International cooperation and assistance in accordance with Article 6;

d.
The development of technologies to clear antipersonnel mines;

e.
Submissions of States Parties under Article 8; and

f.
Decisions relating to submissions of States Parties as provided for in Article 5.

2.
The First Meeting of the States Parties shall be convened by the Secretary-General of the United Nations within one year after the entry into force of this Convention. The subsequent meetings shall be convened by the Secretary-General of the United Nations annually until the first Review Conference.

3.
Under the conditions set out in Article 8, the Secretary-General of the United Nations shall convene a Special Meeting of the States Parties.

4.
States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend these meetings as observers in accordance with the agreed Rules of Procedure.

Article 12
Review Conferences
1.
A Review Conference shall be convened by the Secretary-General of the United Nations five years after the entry into force of this Convention. Further Review Conferences shall be convened by the Secretary-General of the United Nations if so requested by one or more States Parties, provided that the interval between Review Conferences shall in no case be less than five years. All States Parties to this Convention shall be invited to each Review Conference.

2.
The purpose of the Review Conference shall be:

a.
To review the operation and status of this Convention;

b.
To consider the need for and the interval between further Meetings of the States Parties referred to in paragraph 2 of Article 11;

c.
To take decisions on submissions of States Parties as provided for in Article 5; and

d.
To adopt, if necessary, in its final report conclusions related to the implementation of this Convention.

3. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend each Review Conference as observers in accordance with the agreed Rules of Procedure.

Article 13
Amendments

1.
At any time after the entry into force of this Convention any State Party may propose amendments to this Convention. Any proposal for an amendment shall be communicated to the Depositary, who shall circulate it to all States Parties and shall seek their views on whether an Amendment Conference should be convened to consider the proposal. If a majority of the States Parties notify the Depositary no later than 30 days after its circulation that they support further consideration of the proposal, the Depositary shall convene an Amendment Conference to which all States Parties shall be invited.

2.
States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations may be invited to attend each Amendment Conference as observers in accordance with the agreed Rules of Procedure.

3.
The Amendment Conference shall be held immediately following a Meeting of the States Parties or a Review Conference unless a majority of the States Parties request that it be held earlier.

4.
Any amendment to this Convention shall be adopted by a majority of two-thirds of the States Parties present and voting at the Amendment Conference. The Depositary shall communicate any amendment so adopted to the States Parties.

5.
An amendment to this Convention shall enter into force for all States Parties to this Convention which have accepted it, upon the deposit with the Depositary of instruments of acceptance by a majority of States Parties. Thereafter it shall enter into force for any remaining State Party on the date of deposit of its instrument of acceptance.

Article 14
Costs

1.
The costs of the Meetings of the States Parties, the Special Meetings of the States Parties, the Review Conferences and the Amendment Conferences shall be borne by the States Parties and States not parties to this Convention participating therein, in accordance with the United Nations scale of assessment adjusted appropriately.

2.
The costs incurred by the Secretary-General of the United Nations under Articles 7 and 8 and the costs of any fact-finding mission shall be borne by the States

Parties in accordance with the United Nations scale of assessment adjusted appropriately.
Article 15
Signature

This Convention, done at Oslo, Norway, on 18 September 1997, shall be open for signature at Ottawa, Canada, by all States from 3 December 1997 until 4 December 1997, and at the United Nations Headquarters in New York from 5 December 1997 until its entry into force.
Article 16
Ratification, acceptance, approval or accession

1.
This Convention is subject to ratification, acceptance or approval of the Signatories.

2.
It shall be open for accession by any State which has not signed the Convention.

3.
The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

Article 17
Entry into force

1.
This Convention shall enter into force on the first day of the sixth month after the month in which the 40th instrument of ratification, acceptance, approval or accession has been deposited.

2.
For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the 40th instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the sixth month after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.

Article 18
Provisional application

Any State may at the time of its ratification, acceptance, approval or accession, declare that it will apply provisionally paragraph 1 of Article 1 of this Convention pending its entry into force.
Article 19
Reservations

The Articles of this Convention shall not be subject to reservations.
Article 20
Duration and withdrawal
1.
This Convention shall be of unlimited duration.

2.
Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention. It shall give notice of such withdrawal to all other States Parties, to the Depositary and to the United Nations Security Council. Such instrument of withdrawal shall include a full explanation of the reasons motivating this withdrawal.

3.
Such withdrawal shall only take effect six months after the receipt of the instrument of withdrawal by the Depositary. If, however, on the expiry of that six-month period, the withdrawing State Party is engaged in an armed conflict, the withdrawal shall not take effect before the end of the armed conflict.

4.
The withdrawal of a State Party from this Convention shall not in any way affect the duty of States to continue fulfilling the obligations assumed under any relevant rules of international law.

Article 21
Depositary
The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention.
Article 22
Authentic texts
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD OF AUGUST 12, 1949 (GENEVA CONVENTION I)
SIGNED AT GENEVA, 12 AUGUST 1949
ENTRY INTO FORCE: 21 OCTOBER 1950
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from 21 April to 12 August 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of 27 July 1929, have agreed as follows:
Chapter I
General Provisions
Article 1

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2

In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 3

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1)
Persons taking no active part. in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a)
violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) taking of hostages;

(d)
the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

(2)
The wounded and sick shall be collected and cared for.

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict, received or interned in their territory, as well as to dead persons found.
Article 5 Article 9
For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation.
Article 6
In addition to the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and 52, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.
Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken j with regard to them by one or other of the Parties to the conflict.
Article 7
Wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.
Article 8
The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart. from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible, the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities.
The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded and sick, medical personnel and chaplains, and for their relief.
Article 10
The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When wounded and sick, or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article.
Article 11
In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement.

For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded and sick, members of medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part. in such a meeting
Chapter II
Wounded and Sick
Article 12

Members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances.
They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be administered.
Women shall be treated with all consideration due to their sex.
The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part. of its medical personnel and material to assist in their care.
Article 13

The present Convention shall apply to the wounded and sick belonging to the following categories:
(1)
Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part. of such armed forces.

(2)
Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:

(a)
that of being commanded by a person responsible for his subordinates;

(b)
that of having a fixed distinctive sign recognizable at a distance;

(d)
that of conducting their operations in accordance with the laws and customs of war.

(3)
Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power.

(4)
Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.

(5)
Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions in international law.

(6)
Inhabitants of a non-occupied territory, who on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

Article 14

Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them.
Article 15

At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield.
Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area.
Article 16
Parties to the conflict shall record as soon as possible, in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification.
These records should if possible include:
(a)
designation of the Power on which he depends;

(b)
army, regimental, personal or serial number;

(d)
first name or names;

(e)
date of birth;

(f)
any other particulars shown on his identity card or disc;

(g) date and place of capture or death;

(h)
particulars concerning wounds or illness, or cause of death.

The provisions of the present Article do not relieve the occupying Power of its obligation to give both physical and moral care to the wounded and sick.
Chapter III
Medical Units and Establishments
Article 19

Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, shall not be attacked from the land.
Article 21

The protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded.
Article 22

The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 19:
(1)
That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge.

(2)
That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort.

(3)
That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment.

(4)
That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part. thereof.

(5)
That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick.

Article 23

In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities.
Chapter IV
Personnel
Article 24

Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances.
Article 25

Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands.
Article 26
The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the personnel named in Article 24, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations.
Each High Contracting Party shall notify to the other, either in time of peace or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibility, to render assistance to the regular medical service of its armed forces.
Article 27
A recognized Society of a neutral country can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the authorization of the Party to the conflict concerned. That personnel and those units shall be placed under the control of that Party to the conflict.
The neutral Government shall notify this consent to the adversary of the State which accepts such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it.
In no circumstances shall this assistance be considered as interference in the conflict.
The members of the personnel named in the first paragraph shall be duly furnished with the identity cards provided for in Article 40 before leaving the neutral country to which they belong.
Article 28
Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require.
Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties:
(a)
They shall be authorized to visit periodically the prisoners of war in labour units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required.

(b)
In each camp the senior medical officer of the highest rank shall be responsible to the military authorities of the camp for the professional activity of the retained medical personnel. For this purpose, from the outbreak of hostilities, the Parties to the conflict shall agree regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated in Article 26. In all questions arising out of their duties, this medical officer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions.

(c)
Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be required to perform any work outside their medical or religious duties.

During hostilities the Parties to the conflict shall make arrangements for relieving where possible retained personnel, and shall settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with regard to the medical and spiritual welfare of the prisoners of war.
Article 29
Members of the personnel designated in Article 25 who have fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises.
Article 30
Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall be returned to the Party to the conflict to whom they belong, as soon as a road is open for their return and military requirements permit.
Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949. They shall continue to fulfil their duties under the orders of the adverse Party and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong.

On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them.
Article 31

The selection of personnel for return under Article 30 shall be made irrespective of any consideration of race, religion or political opinion, but preferably according to the chronological order of their capture and their state of health.
As from the outbreak of hostilities, Parties to the conflict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the said personnel in the camps.
Article 32

Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained.
Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit.
Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were. On their departure, they shall take with them their effects personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health.
Chapter V
Buildings and Material
Article 33

The real and personal property of aid societies which are admitted to the privileges of the Convention shall be regarded as private property.
The right of requisition recognized for belligerents by the laws and customs of war shall not be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensured.
Chapter VI
Medical Transports
Article 35

Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by the belligerents, while flying at heights, times and on routes specifically agreed upon between the belligerents concerned.
They shall bear, clearly marked, the distinctive emblem prescribed in Article 38, together with their national colours on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification that may be agreed upon between the belligerents upon the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its
occupants may continue its flight after examination, if Article 40
any.
In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Article 24 and the Articles following.
Article 37
Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.
Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part. in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend.
Chapter VII
The Distinctive Emblem
Article 38
As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground, formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces.
Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognized by the terms of the present Convention.
Article 39
Under the direction of the competent military authority, the emblem shall be displayed on the flags, armlets and on all equipment employed in the Medical Service.
The personnel designated in Article 24 and in Articles 26 and 27 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned in Article 16, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, and shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced.
Article 41
The personnel designated in Article 25 shall wear, but only while carrying out medical duties, a white armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority.
Military identity documents to be carried by this type of personnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet.
Article 42
The distinctive flag of the Convention shall be hoisted only over such medical units and establishments as are entitled to be respected under the Convention, and only with the consent of the military authorities. In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party to the conflict to which the unit or establishment belongs.

Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other than that of the Convention. Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action.
Article 43

The medical units belonging to neutral countries, which may have been authorized to lend their services to a belligerent under the conditions laid down in Article 27, shall fly, along with the flag of the Convention, the national flag of that belligerent, wherever the latter makes use of the faculty conferred on him by Article 42.
Subject to orders to the contrary by the responsible military authorities, they may on all occasions fly their national flag, even if they fall into the hands of the adverse Party.
Article 44

With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the red cross on a white ground and the words “ Red Cross” or “Geneva Cross” may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present Convention and other Conventions dealing with similar matters. The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries which use them. The National Red Cross Societies and other societies designated in Article 26 shall have the right to use the distinctive emblem conferring the protection of the Convention only within the framework of the present paragraph.
Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of peace, in accordance with their rational legislation, make use of the name and emblem of the Red Cross for their other activities which are in conformity with the principles laid down by the International Red Cross Conferences. When those activities are carried out in time of war, the conditions for the use of the emblem shall be such that it cannot be considered as conferring the protection of the Convention; the emblem shall be comparatively small in size and may not be placed on armlets or on the roofs of buildings.
The international Red Cross organizations and their duly authorized personnel shall be permitted to make use, at all times, of the emblem of the red cross on a white ground.
As an exceptional measure, in conformity with national legislation and with the express permission of one of the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of the Convention may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick.
Chapter VIII
Execution of the Convention
Article 45

Each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed execution of the preceding Articles, and provide for unforeseen cases, in conformity with the general principles of the present Convention.
Article 46

Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited.
Article 47

The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
Chapter IX
Repression of Abuses and Infractions
Article 49

The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following, of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949.
Article 50
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
Article 51
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
Article 52
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.
Article 53
The use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation “Red Cross” or “Geneva Cross” or any sign or designation constituting an imitation thereof, whatever the object of such use, and irrespective of the date of its adoption, shall be prohibited at all times.
By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours, and of the confusion which may arise between the arms of Switzerland and the distinctive emblem of the Convention, the use by private individuals, societies or firms, of the arms of the Swiss Confederation, or of marks constituting an imitation thereof, whether as trademarks or commercial marks, or as parts of such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wounding Swiss national sentiment, shall be prohibited at all times.
Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of 27 July 1929, may grant to prior users of the emblems, designations, signs or marks designated in the first paragraph, a time limit not to exceed three years from the coming into force of the present Convention to discontinue such use provided that the said use shall not be such as would appear, in time of war, to confer the protection of the Convention.
The prohibition laid down in the first paragraph of the present Article shall also apply, without effect on any rights acquired through prior use, to the emblems and marks mentioned in the second paragraph of Article 38.
Article 54
The High Contracting Parties shall, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under Article 53
Final Provisions
Article 55
The present Convention is established in English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.
Article 56
The present Convention, which bears the date of this day, is open to signature until 12 February 1950, in the name of the Powers represented at the Conference which opened at Geneva on 21 April 1949; furthermore, by Powers not represented at that Conference but which are Parties to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field.

Article 57

The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified.
Article 58

The present Convention replaces the Conventions of 22 August 1864, 6 July 1906, and 27 July 1929, in relations between the High Contracting Parties.
Article 60

From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.
Article 61

Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified.
Article 62

The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict.
Article 63

Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience.
Article 64

(b)
They shall be thinly populated in relation to the possibilities of accommodation.

(c)
They shall be far removed and free from all military objectives, or large industrial or administrative establishments.

(d)
They shall not be situated in areas which, according to every probability, may become important for the conduct of the war.

Article 5
Hospital zones shall be subject to the following obligations:
(a) The lines of communication and means of transport which they possess shall not be used for the transport of military personnel or material, even in transit.
(b) They shall in no case be defended by military means.
Article 6
Hospital zones shall be marked by means of red crosses (red crescents, red lions and suns) on a white background placed on the outer precincts and on the buildings. They may be similarly marked at night by means of appropriate illumination.
Article 7
The Powers shall communicate to all High Contracting Parties in peacetime or on the outbreak of hostilities, a list of the hospital zones in the territories governed by them. They shall also give notice of any new zones set up during hostilities.
As soon as the adverse Party has receive the above-mentioned notification, the zone shall be regularly constituted.
If, however, the adverse Party considers that the conditions of the present agreement have not been fulfilled, it may refuse to recognize the zone by giving immediate notice thereof to the Party responsible for the said Zone, or may make its recognition of such zone dependent upon the institution of the control provided for in Article 8.
Article 8
Any Power having recognized one of several hospital zones instituted by the adverse Party shall be entitled to demand control by one or more Special Commissioners, for the purpose of ascertaining if the zones fulfil the conditions and obligations stipulated in the present agreement.
For this purpose, the members of the Special Commissions shall at all times have free access to the various zones and may even reside there permanently. They shall be given all facilities for their duties of inspection.
Article 9
Should the Special Commissions note any facts which they consider contrary to the stipulations of the present agreement, they shall at once draw the attention of the Power governing the said zone to these facts, and shall fix a time limit of five days within which the matter should be rectified. They shall duly notify the Power who has recognized the zone.
If, when the time limit has expired, the Power governing the zone has not complied with the warning, the adverse Party may declare that it is no longer bound by the present agreement in respect of the said zone.

Article 10

Any Power setting up one or more hospital zones and localities, and the adverse Parties to whom their existence has been notified, shall nominate or have nominated by neutral Powers, the persons who shall be members of the Special Commissions mentioned in Articles 8 and 9.
Article 11

In no circumstances may hospital zones be the object of attack. They shall be protected and respected at all times by the Parties to the conflict.
Article 12

In the case of occupation of a territory, the hospital zones therein shall continue to be respected and utilized as such.
Their purpose may, however, be modified by the Occupying Power, on condition that all measures are taken to ensure the safety of the persons accommodated.
Article 13

The present agreement shall also apply to localities which the Powers may utilize for the same purposes as hospital zones.
GENEVA CONVENTION FOR THE
AMELIORATION OF THE
CONDITION OF WOUNDED, SICK
AND SHIPWRECKED MEMBERS
OF ARMED FORCES AT SEA OF
AUGUST 12, 1949 (GENEVA
CONVENTION II)

SIGNED AT GENEVA, 12 AUGUST 1949
ENTRY INTO FORCE: 21 OCTOBER 1950
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague Convention of October 18, 1907, for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, have agreed as follows:
Chapter I
General Provisions
Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1)
Persons taking no active part. in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a)
violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) taking of hostages;

(2)
The wounded, sick and shipwrecked shall be collected and cared for.

Forces put ashore shall immediately become subject to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Article 5

Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well as to dead persons found.
Article 6

In addition to the agreements expressly provided for in Articles 10, 18, 31, 38, 39, 40, 43 and 53, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of wounded, sick and shipwrecked persons, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.
Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.
Article 7

Wounded, sick and shipwrecked persons, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.
Article 8

The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded, sick and shipwrecked persons, medical personnel and chaplains, and for their relief.
Article 10

The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article.
Article 11
In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part. in such a meeting.
Chapter II
Wounded, Sick and Shipwrecked
Article 12
Members of the armed forces and other persons mentioned in the following Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it being understood that the term “shipwreck” means shipwreck from any cause and includes forced landings at sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be administered.
Women shall be treated with all consideration due to their sex.
Article 13
The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories:
(1)
Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part. of such armed forces.

(a)
that of being commanded by a person responsible for his subordinates;

(b)
that of having a fixed distinctive sign recognizable at a distance;

(d)
that of conducting their operations in accordance with the laws and customs of war.

(3)
Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power.

(4)
Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.

(6)
Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

Article 14
All warships of a belligerent Party shall have the right to demand that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to private individuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved and that the warship can provide adequate facilities for necessary medical treatment.

Article 15

If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral military aircraft, it shall be ensured, where so required by international law, that they can take no further part. in operations of war.
Article 16

Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. The captor may decide, according to circumstances, whether it is expedient to hold them, or to convey them to a port in the captor’s own country, to a neutral port or even to a port in enemy territory. In the last case, prisoners of war thus returned to their home country may not serve for the duration of the war.
Article 17

After each engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the shipwrecked, wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical and religious personnel and equipment on their way to that area.
Article 19

The Parties to the conflict shall record as soon as possible, in respect of each shipwrecked, wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification. These records should if possible include:
(a)
designation of the Power on which he depends;

(b)
army, regimental, personal or serial number;

(d)
first name or names;

(e)
date of birth;

(f)
any other particulars shown on his identity card or disc;

(g) date and place of capture or death;

(h)
particulars concerning wounds or illness, or cause of death.

As soon as possible the above-mentioned information shall be forwarded to the information bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency.
Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of the double identity disc, or the identity disc itself if it is a single disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel.
Article 20

Parties to the conflict shall ensure that burial at sea of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. Where a double identity disc is used, one half of the disc should remain on the body.
If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 shall be applicable.
Article 21
The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked persons, and to collect the dead.
Vessels of any kind responding to this appeal, and those having of their own accord collected wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such assistance.
They may, in no case, be captured on account of any such transport; but, in the absence of any promise to the contrary, they shall remain liable to capture for any violations of neutrality they may have committed.
Chapter III
Hospital Ships
Article 22
Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or captured, but shall at all times be respected and protected, on condition that their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed.
The characteristics which must appear in the notification shall include registered gross tonnage, the length from stem to stern and the number of masts and funnels.
Article 23
Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 shall be protected from bombardment or attack from the sea.
Article 24
Hospital ships utilized by National Red Cross Societies, by officially recognized relief societies or by private persons shall have the same protection as military hospital ships and shall be exempt from capture, if the Party to the conflict on which they depend has given them an official commission and in so far as the provisions of Article 22 concerning notification have been complied with.
These ships must be provided with certificates from the responsible authorities, stating that the vessels have been under their control while fitting out and on departure.
Article 25
Hospital ships utilized by National Red Cross Societies, officially recognized relief societies, or private persons of neutral countries shall have the same protection as military hospital ships and shall be exempt from capture, on condition that they have placed themselves under the control of one of the Parties to the conflict, with the previous consent of their own governments and with the authorization of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning notification have been complied with.
Article 26
The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any tonnage and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort and security, the Parties to the conflict shall endeavour to utilize, for the transport of wounded, sick and shipwrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross.
Article 27
Under the same conditions as those provided for in Articles 22 and 24, small craft employed by the State or by the officially recognized lifeboat institutions for coastal rescue operations, shall also be respected and protected, so far as operational requirements permit.
The same shall apply so far as possible to fixed coastal installations used exclusively by these craft for their humanitarian missions.
Article 28
Should fighting occur on board a warship, the sick-bays shall be respected and spared as far as possible. Sick-bays and their equipment shall remain subject to the laws of warfare, but may not be diverted from their purpose so long as they are required for the wounded and sick. Nevertheless, the commander into whose power they have fallen may, after ensuring the proper care of the wounded and sick who are accommodated therein, apply them to other purposes in case of urgent military necessity.
Article 29
Any hospital ship in a port which falls into the hands of the enemy shall be authorized to leave the said port.
Article 30
The vessels described in Articles 22, 24, 25 and 27 shall afford relief and assistance to the wounded, sick and shipwrecked without distinction of nationality.

The High Contracting Parties undertake not to use these vessels for any military purpose.
Such vessels shall in no wise hamper the movements of the combatants.
During and after an engagement, they will act at their own risk.
Article 31

The Parties to the conflict shall have the right to control and search the vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance from these vessels, order them off, make them take a certain course, control the use of their wireless and other means of communication, and even detain them for a period not exceeding seven days from the time of interception, if the gravity of the circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall be to see that orders given in virtue of the provisions of the preceding paragraph are carried out.
As far as possible, the Parties to the conflict shall enter in the log of the hospital ship in a language he can understand, the orders they have given the captain of the vessel.
Parties to the conflict may, either unilaterally or by particular agreements, put on board their ships neutral observers who shall verify the strict observation of the provisions contained in the present Convention.
Article 32

Vessels described in Articles 22, 24, 25 and 27 are not classed as warships as regards their stay in a neutral port.
Article 33

Merchant vessels which have been transformed into hospital ships cannot be put to any other use throughout the duration of hostilities.
Article 34

The protection to which hospital ships and sick-bays are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming in all appropriate cases a reasonable time limit, and after such warning has remained unheeded.
In particular, hospital ships may not possess or use a secret code for their wireless or other means of communication.
Article 35

The following conditions shall not be considered as depriving hospital ships or sick-bays of vessels of the protection due to them:
(1)
The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their own defence or that of the sick and wounded.

(2)
The presence on board of apparatus exclusively intended to facilitate navigation or communication.

(3)
The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken from the wounded, sick and shipwrecked and not yet handed to the proper service.

(4)
The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the crews extend to the care of wounded, sick or shipwrecked civilians.

(5)
The transport of equipment and of personnel intended exclusively for medical duties, over and above the normal requirements.

Chapter IV
Personnel
Article 36

The religious, medical and hospital personnel of hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital ship, whether or not there are wounded and sick on board.
Article 37

The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Articles 12 and 13 shall, if they fall into the hands of the enemy, be respected and protected; they may continue to carry out their duties as long as this is necessary for the care of the wounded and sick. They shall afterwards be sent back as soon as the Commander-in-Chief, under whose authority they are, considers it practicable. They may take with them, on leaving the ship, their personal property.
If, however, it prove necessary to retain some of this personnel owing to the medical or spiritual needs of prisoners of war, everything possible shall be done for their earliest possible landing.
Retained personnel shall be subject, on landing, to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Chapter V
Medical Transports
Article 38
Ships chartered for that purpose shall be authorized to transport equipment exclusively intended for the treatment of wounded and sick members of armed forces or for the prevention of disease, provided that the particulars regarding their voyage have been notified to the adverse Power and approved by the latter. The adverse Power shall preserve the right to board the carrier ships, but not to capture them or seize the equipment carried.
By agreement amongst the Parties to the conflict, neutral observers may be placed on board such ships to verify the equipment carried. For this purpose, free access to the equipment shall be given.
Article 39
Medical aircraft, that is to say, aircraft exclusively employed for the removal of the wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be the object of attack, but shall be respected by the Parties to the conflict, while flying at heights, at times and on routes specifically agreed upon between the Parties to the conflict concerned.
They shall be clearly marked with the distinctive emblem prescribed in Article 41, together with their national colours, on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification which may be agreed upon between the Parties to the conflict upon the outbreak or during the course of hostilities.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Medical aircraft shall obey every summons to alight on land or water. In the event of having thus to alight, the aircraft with its occupants may continue its flight after examination, if any.
In the event of alighting involuntarily on land or water in enemy or enemy-occupied territory, the wounded, sick and shipwrecked, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Articles 36 and
37.
Article 40
Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land thereon in case of necessity, or use it as a port of call. They shall give neutral Powers prior notice of their passage over the said territory, and obey every summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.
Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the wounded, sick or shipwrecked who are disembarked with the consent of the local authorities on neutral territory by medical aircraft shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part. in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend.
Chapter VI
The Distinctive Emblem
Article 41
Under the direction of the competent military authority, the emblem of the red cross on a white ground shall be displayed on the flags, armlets and on all equipment employed in the Medical Service.
Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, these emblems are also recognized by the terms of the present Convention.
Article 42
The personnel designated in Articles 36 and 37 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned in Article 19, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his fingerprints or both. It shall be embossed with the stamp of the military authority.

The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss they shall be entitled to receive duplicates of the cards and to have the insignia replaced.
Article 43

The ships designated in Articles 22, 24, 25 and 27 shall be distinctively marked as follows:
(a) All exterior surfaces shall be white.

(b) One or more dark red crosses, as large as possible, shall be painted and displayed on each side of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility from the sea and from the air.
All hospital ships shall make themselves known by hoisting their national flag and further, if they belong to a neutral state, the flag of the Party to the conflict whose direction they have accepted. A white flag with a red cross shall be flown at the mainmast as high as possible.
Lifeboats of hospital ships, coastal lifeboats and au small craft used by the Medical Service shall be painted white with dark red crosses prominently displayed and shall, in general, comply with the identification system prescribed above for hospital ships.
The above-mentioned ships and craft, which may wish to ensure by night and in times of reduced visibility the protection to which they are entitled, must, subject to the assent of the Party to the conflict under whose power they are, take the necessary measures to render their painting and distinctive emblems sufficiently apparent.
Hospital ships which, in accordance with Article 31, are provisionally detained by the enemy, must haul down the flag of the Party to the conflict in whose service they are or whose direction they have accepted.
Coastal lifeboats, if they continue to operate with the consent of the Occupying Power from a base which is occupied, may be allowed, when away from their base, to continue to fly their own national colours along with a flag carrying a red cross on a white ground, subject to prior notification to all the Parties to the conflict concerned.
All the provisions in this Article relating to the red cross shall apply equally to the other emblems mentioned in Article 41.
Parties to the conflict shall at all times endeavour to conclude mutual agreements in order to use the most modern methods available to facilitate the identification of hospital ships.
Article 44

The distinguishing signs referred to in Article 43 can only be used, whether in time of peace or war, for indicating or protecting the ships therein mentioned, except as may be provided in any other international Convention or by agreement between all the Parties to the conflict concerned.
Article 45

The High Contracting Parties shall, if their legislation is not already adequate, take the measures necessary for the prevention and repression, at all times, of any abuse of the distinctive signs provided for under Article 43.
Chapter VII
Execution of the Convention
Article 46

Each Party to the conflict, acting through its Commanders-in-Chief, shall ensure the detailed execution of the preceding Articles and provide for unforeseen cases, in conformity with the general principles of the present Convention.
Article 47

Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or the equipment protected by the Convention are prohibited.
Article 48

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains.
Article 49
The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
Chapter VIII
Repression of Abuses and Infractions
Article 50
The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949.
Article 51
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.
Article 52
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
Article 53
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire, who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.
Final Provisions
Article 54
The present Convention is established in English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.
Article 55
The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Xth Hague Convention of October 13, 1907 for the adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field.
Article 56
The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified.

Article 57

The present Convention replaces the Xth Hague Convention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, in relations between the High Contracting Parties.
Article 59

From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.
Article 60

Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release and repatriation of the persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience.
Article 63

The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.
[Front and reverse sides of an Identity Card]
GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR OF AUGUST 12, 1949 (GENEVA CONVENTION III)
SIGNED AT GENEVA, 12 AUGUST 1949
ENTRY INTO FORCE: 21 OCTOBER 1950
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929 relative to the Treatment of Prisoners of War, have agreed as follows:
Part I
General Provisions
Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1)
Persons taking no active part. in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a)
violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) taking of hostages;

(d)
the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

(2)
The wounded and sick shall be collected and cared for.

(a)
that of being commanded by a person responsible for his subordinates;

(b)
that of having a fixed distinctive sign recognizable at a distance;

(d)
that of conducting their operations in accordance with the laws and customs of war.

(3)
Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

(6)
Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B.
The following shall likewise be treated as prisoners of war under the present Convention:

(2)
The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their

territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.
C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention.
Article 5

In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of prisoners of war, as defined by the present Convention, nor restrict the rights which it confers upon them.
Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.
Article 7

Prisoners of war may in no circumstances renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.
Article 8
The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart. from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.
Article 9
The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of prisoners of war and for their relief.
Article 10
The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When prisoners of war do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article.
Article 11
In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for prisoners of war, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take part. in such a meeting.
Part II
General Protection of Prisoners of War
Article 12
Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.

Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with.
Article 13
Part III
Captivity
Section I
Beginning Of Captivity

Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
Article 14

Prisoners of war are entitled in all circumstances to respect for their persons and their honour.
Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men.
Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires.
Article 15

The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health.
Article 16

Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information.
If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status.
Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him.
No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.
Prisoners of war who, owing to their physical or mental condition, are unable to state their identity, shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph.
The questioning of prisoners of war shall be carried out in a language which they understand.
Article 18

All effects and articles of personal use, except arms, horses, military equipment and military documents, shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong to their regulation military equipment.
At no time should prisoners of war be without identity documents. The Detaining Power shall supply such documents to prisoners of war who possess none.
Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner’s request, shall be placed to the credit of the prisoner’s account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply.
Such objects, likewise sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity.
Article 19
Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone.
Article 20
The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall be as brief as possible.
Section II
Internment of Prisoners of War
Chapter I
General Observations
Article 21
The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary.
Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by the laws of the Power on which they depend. Such measures shall be taken particularly in cases where this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to accept liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the laws and regulations allowing or forbidding its own nationals to accept liberty on parole or promise. Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so notified, are bound on their personal honour scrupulously to fulfil, both towards the Power on which they depend and towards the Power which has captured them, the engagements of their paroles or promises. In such cases, the Power on which they depend is bound neither to require nor to accept from them any service incompatible with the parole or promise given.
Article 22
Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthfulness. Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries.

Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as soon as possible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separated from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with their consent.
Article 23

No prisoner of war may at any time be sent to, or detained in areas where he may be exposed to the fire of the combat zone, nor may his presence be used to render certain points or areas immune from military operations.
Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same extent as the local civilian population. With the exception of those engaged in the protection of their quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giving of the alarm. Any other protective measure taken in favour of the population shall also apply to them.
Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time by the letters PW or PG, placed so as to be clearly visible from the air. The Powers concerned may, however, agree upon any other system of marking. Only prisoner of war camps shall be marked as such.
Article 24

Transit or screening camps of a permanent kind shall be fitted out under conditions similar to those described in the present Section, and the prisoners therein shall have the same treatment as in other camps.
Chapter II

Quarters, Food and Clothing of Prisoners of
War

Article 25

Prisoners of war shall be quartered under conditions as favourable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards both total surface and minimum cubic space, and the general installations, bedding and blankets.
The premises provided for the use of prisoners of war individually or collectively, shall be entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire.
In any camps in which women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them.
Article 26

The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such additional rations as are necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
Article 27

Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained. Uniforms of enemy armed forces captured by the Detaining Power should, if suitable for the climate, be made available to clothe prisoners of war.
The regular replacement and repair of the above articles shall be assured by the Detaining Power. In addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of the work demands.
Article 28
Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market prices.
The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall be created for this purpose. The prisoners’ representative shall have the right to collaborate in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be handed to an international welfare organization, to be employed for the benefit of prisoners of war of the same nationality as those who have contributed to the fund. In case of a general repatriation, such profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned.
Chapter III
Hygiene and Medical Attention
Article 29
The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. In any camps in which women prisoners of war are accommodated, separate conveniences shall be provided for them.
Also, apart. from the baths and showers with which the camps shall be furnished prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose.
Article 30
Every camp shall have an adequate infirmary where prisoners of war may have the attention they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside for cases of contagious or mental disease.
Prisoners of war suffering from serious disease, or whose condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality.
Prisoners of war may not be prevented from presenting themselves to the medical authorities for examination. The detaining authorities shall, upon request, issue to every prisoner who has undergone treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency.
The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power.
Article 31
Medical inspections of prisoners of war shall be held at least once a month. They shall include the checking and the recording of the weight of each prisoner of war.
Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this purpose the most efficient methods available shall be employed, e.g. periodic mass miniature radiography for the early detection of tuberculosis.
Article 32
Prisoners of war who, though not attached to the medical service of their armed forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise their medical functions in the interests of prisoners of war dependent on the same Power. In that case they shall continue to be prisoners of war, but shall receive the same treatment as corresponding medical personnel retained by the Detaining Power. They shall be exempted from any other work under Article 49.
Chapter IV
Medical Personnel and Chaplains Retained to
Assist Prisoners of War

Article 33
Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to prisoners of war.

They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions:
(a)
They shall be authorized to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport.

(b)
The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of the camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions.

During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view.
Chapter V

Religious, Intellectual and Physical Activities
Article 34

comply with the disciplinary routine prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held.
Article 35

Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with international religious organizations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71.
Article 36

When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners’ or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed, at the request of the prisoners concerned, to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security.
Article 38

While respecting the individual preferences of every
Prisoners of war shall enjoy complete latitude in the
prisoner, the Detaining Power shall encourage the
exercise of their religious duties, including attendance
practice of intellectual, educational, and recreational
at the service of their faith, on condition that they pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including sports and games, and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps.
Chapter VI
Discipline
Article 39
Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his government, for its application.
Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces.
Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank.
Article 40
The wearing of badges of rank and nationality, as well as of decorations, shall be permitted.
Article 41
In every camp the text of the present Convention and its Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners’ own language, in places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted.
Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners’ representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand.
Article 42
The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances.
Chapter VII
Rank of Prisoners of War
Article 43
Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and ranks of all the persons mentioned in Article 4 of the present Convention, in order to ensure equality of treatment between prisoners of equivalent rank. Titles and ranks which are subsequently created shall form the subject of similar communications.
The Detaining Power shall recognize promotions in rank which have been accorded to prisoners of war and which have been duly notified by the Power on which these prisoners depend.
Article 44
Officers and prisoners of equivalent status shall be treated with the regard due to their rank and age.
In order to ensure service in officers’ camps, other ranks of the same armed forces who, as far as possible, speak the same language, shall be assigned in sufficient numbers, account being taken of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to perform any other work.
Supervision of the mess by the officers themselves shall be facilitated in every way.
Article 45
Prisoners of war other than officers and prisoners of equivalent status shall be treated with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be facilitated in every way.
Chapter VIII
Transfer of Prisoners of War After Their Arrival in Camp
Article 46
The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation.

The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer with sufficient food and drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure their safety during transfer, and shall draw up a complete list of all transferred prisoners before their departure.
Article 47

Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it.
If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred.
Article 48

In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case be more than twenty-five kilograms per head.
Mail and parcels addressed to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoners’ representative, any measures needed to ensure the transport of the prisoners’ community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this Article.
The costs of transfers shall be borne by the Detaining Power.
Section III
Labour of Prisoners of War
Article 49

The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health.
Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them.
If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work.
Article 50

Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:
(a) agriculture;

(b)
industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose;

(d)
commercial business, and arts and crafts;

(e)
domestic service;

(f)
public utility services having no military character or purpose.

Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78.
Article 51

Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in which such prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run by these civilian workers.
Conditions of labour shall in no case be rendered more arduous by disciplinary measures.
Article 52
Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power’s own forces.
The removal of mines or similar devices shall be considered as dangerous labour.
Article 53
The duration of the daily labour of prisoners of war, including the time of the journey to and from, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work.
Prisoners of war must be allowed, in the middle of the day’s work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him.
If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby.
Article 54
The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention.
Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or in consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123.
Article 55
The fitness of prisoners of war for work shall be periodically verified by medical examinations at least once a month. The examinations shall have particular regard to the nature of the work which prisoners of war are required to do.
If any prisoner of war considers himself incapable of working, he shall be permitted to appear before the medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom.
Article 56
The organization and administration of labour detachments shall be similar to those of prisoner of war camps.
Every labour detachment shall remain under the control of and administratively part. of a prisoner of war camp. The military authorities and the commander of the said camp shall be responsible, under the direction of their government, for the observance of the provisions of the present Convention in labour detachments.
The camp commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp.
Article 57
The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war.
Such prisoners of war shall have the right to remain in communication with the prisoners’ representatives in the camps on which they depend.

Section IV

Financial Resources of Prisoners of War
Article 58

Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent.
If prisoners of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or by the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect.
Article 59

Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present Section.
The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts.
Article 60

The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be fixed by conversion, into the currency of the said Power, of the following amounts:
Category I: Prisoners ranking below sergeants: eight Swiss francs.
Category II: Sergeants and other non-commissioned officers, or prisoners of equivalent rank: twelve Swiss francs.
Category III: Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs.
Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs.
Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs.
However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power’s armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power:
(a)
shall continue to credit the accounts of the prisoners with the amounts indicated in the first paragraph above;

(b)
may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces.

The reasons for any limitations will be given without delay to the Protecting Power.
Article 61

The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention.
Article 62

Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades.
The working pay of the prisoners’ representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners’ representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay.
Article 63
Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively.
Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependents shall be given priority.
In any event, and subject to the consent of the Power on which they depend, prisoners may have payments made in their own country, as follows: the Detaining Power shall send to the aforesaid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power’s currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners’ account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend.
To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annex V of the present Convention.
Article 64
The Detaining Power shall hold an account for each prisoner of war, showing at least the following:
(1)
The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power.

(2)
The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph.

Article 65
Every item entered in the account of a prisoner of war shall be countersigned or initialled by him, or by the prisoners’ representative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp.
When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war.
Article 66
On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorized representative of the Detaining Power.
Any of the above provisions of this Article may be varied by mutual agreement between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity.
Article 67
Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the Power on which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities.

Article 68

Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of personal effects monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Prisoners of War Agency provided for in Article 123.
Section V
Relations of Prisoners of War with the
Exterior

Article 69

Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures.
Article 70

Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power’s inability to find sufficient qualified linguists to carry out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war’s accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency.
As a general rule, the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents, and must be addressed to offices of destination.
Article 72

Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels.
Article 73
In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied.
The special agreements referred to above shall in no case restrict the right of prisoners’ representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners.
Nor shall such agreements restrict the right of representatives of the Protecting Power, the International Committee of the Red Cross or any other organization giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.
Article 74
All relief shipments for prisoners of war shall be exempt from import, customs and other dues.
Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and in intermediate countries.
If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them.
Article 75
Should military operations prevent the Powers concerned from fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
(a)
correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 123 and the National Bureaux referred to in Article 122;

(b)
correspondence and reports relating to prisoners of war which the Protecting Powers, the International Committee of the Red Cross or any other body assisting the prisoners, exchange either with their own delegates or with the Parties to the conflict.

These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the use of such means of transport shall be borne proportionally by the Parties to the conflict whose nationals are benefited thereby.
Article 76
The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each.

The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible.
Article 77

The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123 of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signatures.
Section VI

Relations Between Prisoners of War and the Authorities
Chapter I

Complaints of Prisoners of War Respecting the Conditions of Captivity
Article 78

Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners’ representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity.
These requests and complaints shall not be limited nor considered to be a part. of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, they may not give rise to any punishment.
Prisoners’ representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers.
Chapter II
Prisoner of War Representatives
Article 79

In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners’ representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. These prisoners’ representatives shall be eligible for re-election.
In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognized as the camp prisoners’ representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not officers and shall be elected by them.
Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners’ representatives under the first paragraph of this Article. In such a case the assistants to the prisoners’ representatives shall be chosen from among those prisoners of war who are not officers.
Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal.
In all cases the prisoners’ representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners’ representative, in accordance with the foregoing paragraphs.
Article 80
Prisoners’ representatives shall further the physical, spiritual and intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organization will be within the province of the prisoners’ representative, in addition to the special duties entrusted to him by other provisions of the present Convention.
Prisoners’ representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war.
Article 81
Prisoners’ representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult.
Prisoners’ representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.).
Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners’ representative.
All facilities shall likewise be accorded to the prisoners’ representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and the bodies which give assistance to prisoners of war. Prisoners’ representatives of labour detachments shall enjoy the same facilities for communication with the prisoners’ representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part. of the quota mentioned in Article 71.
Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs.
In case of dismissal, the reasons therefor shall be communicated to the Protecting Power.
Chapter III
Penal and Disciplinary Sanctions
I. General Provisions
Article 82
A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only.
Article 83
In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures.
Article 84
A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article
105.
Article 85
Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention.

Article 86

No prisoner of war may be punished more than once for the same act or on the same charge.
Article 87

Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war.
II. Disciplinary Sanctions
Article 89

The disciplinary punishments applicable to prisoners of war are the following:
(1)
A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days.

(2)
Discontinuance of privileges granted over and above the treatment provided for by the present Convention.

(3)
Fatigue duties not exceeding two hours daily.

(4)
Confinement.

The punishment referred to under (3) shall not be applied to officers.
In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war.
Article 90

The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not.
The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
Article 91

The escape of a prisoner of war shall be deemed to have succeeded when:
(1)
he has joined the armed forces of the Power on which he depends, or those of an allied Power;

(2)
he has left the territory under the control of the Detaining Power, or of an ally of the said Power;

(3)
he has joined a ship flying the flag of the Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said

ship not being under the control of the last named of a similar offence, or if it is essential in the interests Power. of camp order and discipline.
Prisoners of war who have made good their escape in the sense of this Article and who are recaptured, shall not be liable to any punishment in respect of their previous escape.
Article 92
A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over without delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention.
Article 93
Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only.
Article 94
If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defined in Article 122, provided notification of his escape has been made.
Article 95
A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline.
Article 96
Acts which constitute offences against discipline shall be investigated immediately.
Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners’ representative.
A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power.
Article 97
Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29.
Officers and persons of equivalent status shall not be lodged in the same quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from male prisoners of war and shall be under the immediate supervision of women.

Article 98

A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits of the provisions of Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily.
They shall be allowed, on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners’ representative, who-will hand over to the infirmary the perishable goods contained in such parcels.
III. Judicial Proceedings
Article 99

No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused.
No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel.
Article 100

Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will.
Article 101

If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article
107.
Article 102

Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial.
Article 104

In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power.
The said notification shall contain the following information:
(1)
Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any;

(2) Place of internment or confinement;

(3)
Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable;

(4)
Designation of the court which will try the case, likewise the date and place fixed for the opening of the trial.

The same communication shall be made by the Detaining Power to the prisoners’ representative.
If no evidence is submitted, at the opening of a trial, that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners’ representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned.
Article 105
The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence.
The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly.
Article 106
Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.
Article 107
Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoners’ representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing:
(1)
the precise wording of the finding and sentence;

(2)
a summarized report of any preliminary investigation and of the trial, emphasizing in particular the elements of the prosecution and the defence;

(3)
notification, where applicable, of the establishment where the sentence will be served.

The communications provided for in the foregoing subparagraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power.

Article 108

Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity.
A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive and despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph.
Part IV
Termination of Captivity
Section I

Direct Repatriation and Accommodation in Neutral Countries
Article 109

Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the following Article.
Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the cooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied prisoners of war who have undergone a long period of captivity.
No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of this Article, may be repatriated against his will during hostilities.
Article 110

The following shall be repatriated direct:
(1)
Incurably wounded and sick whose mental or physical fitness seems to have been gravely diminished.

(2)
Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished.

(3)
Wounded and sick who have recovered, but whose mental or physical fitness seems to have been gravely and permanently diminished.

The following may be accommodated in a neutral country:

(1)
Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery.

(2)
Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat.

The conditions which prisoners of war accommodated in a neutral country must fulfil in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated:

(1)
Those whose state of health has deteriorated so as to fulfil the condition laid down for direct repatriation;

(2)
Those whose mental or physical powers remain, even after treatment, considerably impaired.

If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Convention.
Article 111 Article 114
The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities.
Article 112
Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention.
However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission.
Article 113
Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions provided for in the foregoing Article:
(1)
Wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a Party to the conflict allied with the Power on which the said prisoners depend, and who exercises his functions in the camp.

(2)
Wounded and sick proposed by their prisoners’ representative.

(3)
Wounded and sick proposed by the Power on which they depend, or by an organization duly recognized by the said Power and giving assistance to the prisoners.

Prisoners of war who do not belong to one of the three foregoing categories may nevertheless present themselves for examination by Mixed Medical Commissions, but shall be examined only after those belonging to the said categories.
The physician or surgeon of the same nationality as the prisoners who present themselves for examination by the Mixed Medical Commission, likewise the prisoners’ representative of the said prisoners, shall have permission to be present at the examination.
Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of the provisions of this Convention as regards repatriation or accommodation in a neutral country.
Article 115
No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment.
Prisoners of war detained in connection with a judicial prosecution or conviction, and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents.
Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceedings or the completion of the punishment.
Article 116
The cost of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend.
Article 117
No repatriated person may be employed on active military service.
Section II
Release and Repatriation of Prisoners of
War at the Close of Hostilities

Article 118
Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.
In the absence of stipulations to the above effect in any agreement concluded between the Parties to the conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the prisoners of war.

The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the Power on which the prisoners depend. This apportionment shall be carried out on the following basis:
(a)
If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of repatriation from the frontiers of the Detaining Power.

(b)
If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war.

Article 119

Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency.
Death certificates, in the form annexed to the present Convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a view to confirming death and enabling a report to be made and, where necessary, establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in captivity are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place.
Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased.
In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
Article 121
Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible.
Part V
Information Bureaux and Relief
Societies for Prisoners of War

Article 122
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the categories referred to in Article 4, shall take the same action with respect to such persons. The Power concerned shall ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take the same action with regard to persons belonging to such categories whom they have received within their territory.
The Bureau shall immediately forward such information by the most rapid means to the Powers concerned, through the intermediary of the Protecting Powers and likewise of the Central Agency provided for in Article 123.
This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various departments concerned information regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries necessary to obtain the information which is asked for if this is not in its possession.
All written communications made by the Bureau shall be authenticated by a signature or a seal.
The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned.

Article 123

A Central Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency.
The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief societies provided for in Article 125.
Article 124

The national Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates.
Article 125

Representatives or delegates of the Protecting Powers shall have permission to go to all places where prisoners of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners’ representatives, without witnesses, either personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure.
The Detaining Power and the Power on which the said prisoners of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited.
Article 127

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof prisoner of war of the rights of fair and regular trial prescribed in this Convention.
Article 131
may become known to all their armed forces and to the entire population.
Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions.
Article 128
The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
Article 129
The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed. or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention.
Article 130
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
Article 132
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.
Section II
Final Provisions
Article 133
The present Convention is established in English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.
Article 134
The present Convention replaces the Convention of July 27, 1929, in relations between the High Contracting Parties.
Article 135
In the relations between the Powers which are bound by the Hague Convention respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and which are parties to the present Convention, this last Convention shall be complementary to Chapter II of the Regulations annexed to the above-mentioned Conventions of the Hague.
Article 136
The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Convention of July 27, 1929.

Article 137

From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.
Article 140

I –PRINCIPLES FOR DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES
A. DIRECT REPATRIATION The following shall be repatriated direct:
(1)
All prisoners of war suffering from the following disabilities as the result of trauma: loss of a limb, paralysis, articular or other disabilities, when this disability is at least the loss of a hand or a foot, or the equivalent of the loss of a hand or a foot.

Without prejudice to a more generous interpretation, the following shall be considered as equivalent to the loss of a hand or a foot:

(a)
Loss of a hand or of all the fingers, or of the thumb and forefinger of one hand; loss of a foot, or of all the toes and metatarsals of one foot.

(b)
Ankylosis, loss of osseous tissue, cicatricial contracture preventing the functioning of one of the large articulations or of all the digital joints of one hand.

(d)
Deformities due to fracture or other injury which seriously interfere with function and weight-bearing power.

(2)
All wounded prisoners of war whose condition has become chronic, to the extent that prognosis appears to exclude recovery—in spite of treatment—within one year from the date of the injury, as, for example, in case of:

(a)
Projectile in the heart, even if the Mixed Medical Commission should fail, at the time of their examination, to detect any serious disorders.

(b)
Metallic splinter in the brain or the lungs, even if the Mixed Medical Commission cannot, at the time of examination, detect any local or general reaction.

(c)
Osteomyelitis, when recovery cannot be foreseen in the course of the year following the injury, and which seems likely to result in ankylosis of a joint, or other impairments equivalent to the loss of a hand or a foot.

(d)
Perforating and suppurating injury to the large joints.

(e)
Injury to the skull, with loss or shifting of bony tissue.

(f)
Injury or burning of the face with loss of tissue and functional lesions.

(g) Injury to the spinal cord.

(h)
Lesion of the peripheral nerves, the sequelae of which are equivalent to the loss of a hand or foot, and the cure of which requires more than a year from the date of injury, for example: injury to the brachial or lumbosacral plexus median or sciatic nerves, likewise combined injury to the radial and cubital nerves or to

the lateral popliteal nerve (N. peroneous communis) and medial popliteal nerve (N. tibialis); etc. The separate injury of the radial (musculo-spiral), cubital, lateral or medial popliteal nerves shall not, however, warrant repatriation except in case of contractures or of serious neurotrophic disturbance.
(i)
Injury to the urinary system, with incapacitating results.

(3)
All sick prisoners of war whose condition has become chronic to the extent that prognosis seems to exclude recovery—in, spite of treatment—within one year from the inception of the disease, as, for example, in case of:

(a)
Progressive tuberculosis of any organ which, according to medical prognosis, cannot be cured or at least considerably improved by treatment in a neutral country.

(b) Exudate pleurisy.

(c)
Serious diseases of the respiratory organs of non-tubercular etiology, presumed incurable, for example: serious pulmonary emphysema, with or without bronchitis; chronic asthma *; chronic bronchitis * lasting more than one year in captivity; bronchiectasis *; etc.

(d)
Serious chronic affections of the circulatory system, for example: valvular lesions and myocarditis *, which have shown signs of circulatory failure during captivity, even though the Mixed Medical Commission cannot detect any such signs at the time of examination; affections of the pericardium and the vessels (Buerger’s disease, aneurisms of the large vessels); etc.

(e)
Serious chronic affections of the digestive organs, for example: gastric or duodenal ulcer; sequelae of gastric operations performed in captivity; chronic gastritis, enteritis or colitis, having lasted more than one year and seriously affecting the general condition; cirrhosis of the liver; chronic cholecystopathy *; etc.

(f)
Serious chronic affections of the genitourinary organs, for example: chronic diseases of the kidney with consequent disorders; nephrectomy because of a tubercular kidney; chronic pyelitis or chronic cystitis; hydronephrosis or pyonephrosis; chronic grave gynaecological conditions; normal pregnancy and obstetrical disorder, where it is impossible to accommodate in a neutral country; etc.

(g)
Serious chronic diseases of the central and peripheral nervous system, for example: all obvious psychoses and psychoneuroses, such as serious hysteria, serious captivity psychoneurosis, etc., duly verified by a specialist *; any epilepsy duly verified by the camp physician *; cerebral arteriosclerosis; chronic neuritis lasting more than one year; etc.

(h)
Serious chronic diseases of the neurovegetative system, with considerable diminution of mental or physical fitness, noticeable loss of weight and general asthenia.

(i)
Blindness of both eyes, or of one eye when the vision of the other is less than 1 in spite of the use of corrective glasses; diminution of visual acuity in cases where it is impossible to restore it by correction to an acuity of ½ in at least one eye *; other grave ocular affections, for example: glaucoma, iritis, choroiditis; trachoma; etc.

(k)
Auditive disorders, such as total unilateral deafness, if the other ear does not discern the ordinary spoken word at a distance of one metre *; etc.

(l)
Serious affections of metabolism, for example: diabetes mellitus requiring insulin treatment; etc.

(m)
Serious disorders of the endocrine glands, for example: thyrotoxicosis; hypothyrosis; Addison’s disease; Simmonds’ cachexia; tetany; etc.

(n)
Grave and chronic disorders of the blood-forming organs.

(o)
Serious cases of chronic intoxication, for example: lead poisoning, mercury poisoning, morphinism, cocainism, alcoholism; gas or radiation poisoning; etc.

(p)
Chronic affections of locomotion, with obvious functional disorders, for example: arthritis deformans; primary and secondary progressive chronic polyarthritis; rheumatism with serious clinical symptoms; etc.

(q)
Serious chronic skin diseases, not amenable to treatment.

(r) Any malignant growth.

(s)
Serious chronic infectious diseases, persisting for one year after their inception, for example: malaria with decided organic impairment, amoebic or bacillary dysentery with grave disorders; tertiary visceral syphilis resistant to treatment; leprosy; etc.

(t) Serious avitaminosis or serious inanition.

[NOTE] * The decision of the Mixed Medical Commission shall be based to a great extent on the records kept by camp physicians and surgeons of the same nationality as the prisoners of war, or on an examination by medical specialists of the Detaining Power.
B. ACCOMMODATION IN NEUTRAL COUNTRIES
The following shall be eligible for accommodation in a neutral country:
(1)
All wounded prisoners of war who are not likely to recover in captivity, but who might be cured or whose condition might be considerably improved by accommodation in a neutral country.

(2)
Prisoners of war suffering from any form of tuberculosis, of whatever organ, and whose treatment in a neutral country would be likely to lead to recovery or at least to considerable improvement, with the exception of primary tuberculosis cured before captivity.

(3)
Prisoners of war suffering from affections requiring treatment of the respiratory, circulatory, digestive, nervous, sensory, genito-urinary, cutaneous, locomotive organs, etc., if such treatment would clearly have better results in a neutral country than in captivity.

(4)
Prisoners of war who have undergone a nephrectomy in captivity for a non-tubercular renal affection; cases of osteomyelitis, on the way to recovery or latent; diabetes mellitus not requiring insulin treatment; etc.

(5)
Prisoners of war suffering from war or captivity neuroses. Cases of captivity neurosis which are not cured after three months of accommodation in a neutral country, or which after that length of time are not clearly on the way to complete cure, shall be repatriated.

(6)
All prisoners of war suffering from chronic intoxication (gases, metals, alkaloids, etc.), for whom the prospects of cure in a neutral country are especially favourable.

(7)
All women prisoners of war who are pregnant or mothers with infants and small children.

The following cases shall not be eligible for accommodation in a neutral country:
(1) All duly verified chronic psychoses.

(2)
All organic or functional nervous affections considered to be incurable.

(3)
All contagious diseases during the period in which they are transmissible, with the exception of tuberculosis.

II. –GENERAL OBSERVATIONS
(1) The conditions given shall, in a general way, be interpreted and applied in as broad a spirit as possible.
Neuropathic and psychopathic conditions caused by war or captivity, as well as cases of tuberculosis in all stages, shall above all benefit by such liberal interpretation. Prisoners of war who have sustained several wounds, none of which, considered by itself, justifies repatriation, shall be examined in the same spirit, with due regard for the psychic traumatism due to the number of their wounds.
(2)
All unquestionable cases giving the right to direct repatriation (amputation, total blindness or deafness, open pulmonary tuberculosis, mental disorder, malignant growth, etc.) shall be examined and repatriated as soon as possible by the camp physicians or by military medical commissions appointed by the Detaining Power.

(3)
Injuries and diseases which existed before the war and which have not become worse, as well as war injuries which have not prevented subsequent military service, shall not entitle to direct repatriation.

(4)
The provisions of this Annex shall be interpreted and applied in a similar manner in all countries party to the conflict. The Powers and authorities concerned shall grant to Mixed Medical Commissions all the facilities necessary for the accomplishment of their task.

(5)
The examples quoted under (1) above represent only typical cases.

Cases which do not correspond exactly to these provisions shall be judged in the spirit of the provisions of Article 110 of the present Convention, and of the principles embodied in the present Agreement.
ANNEX II
Regulations Concerning Mixed Medical Commissions (see Article 112)
Article 1
The Mixed Medical Commissions provided for in Article 112 of the Convention shall be composed of three members, two of whom shall belong to a neutral country, the third being appointed by the Detaining Power. One of the neutral members shall take the chair.
Article 2
The two neutral members shall be appointed by the International Committee of the Red Cross, acting in agreement with the Protecting Power, at the request of the Detaining Power. They may be domiciled either in their country of origin, in any other neutral country, or in the territory of the Detaining Power.
Article 3
The neutral members shall be approved by the Parties to the conflict concerned, who shall notify their approval to the International Committee of the Red Cross and to the Protecting Power. Upon such notification, the neutral members shall be considered as effectively appointed.
Article 4
Deputy members shall also be appointed in sufficient number to replace the regular members in case of need. They shall be appointed at the same time as the regular members or, at least, as soon as possible.
Article 5
If for any reason the International Committee of the Red Cross cannot arrange for the appointment of the neutral members, this shall be done by the Power protecting the interests of the prisoners of war to be examined.
Article 6
So far as possible, one of the two neutral members shall be a surgeon and the other a physician.
Article 7
The neutral members shall be entirely independent of the Parties to the conflict, which shall grant them all facilities in the accomplishment of their duties.
Article 8
By agreement with the Detaining Power, the International Committee of the Red Cross, when making the appointments provided for in Articles 2 and 4 of the present Regulations, shall settle the terms of service of the nominees.
Article 9
The Mixed Medical Commissions shall begin their work as soon as possible after the neutral members have been approved, and in any case within a period of three months from the date of such approval.
Article 10
The Mixed Medical Commissions shall examine all the prisoners designated in Article 113 of the Convention. They shall propose repatriation, rejection, or reference to a later examination. Their decisions shall be made by a majority vote.
Article 11
The decisions made by the Mixed Medical Commissions in each specific case shall be communicated, during the month following their visit, to the Detaining Power, the Protecting Power and the International Committee of the Red Cross. The Mixed Medical Commissions shall also inform each prisoner of war examined of the decision made, and shall issue to those whose repatriation has been proposed, certificates similar to the model appended to the present Convention.

Article 12

The Detaining Power shall be required to carry out the decisions of the Mixed Medical Commissions within three months of the time when it receives due notification of such decisions.
Article 13

If there is no neutral physician in a country where the services of a Mixed Medical Commission seem to be required, and if it is for any reason impossible to appoint neutral doctors who are resident in another country, the Detaining Power, acting in agreement with the Protecting Power, shall set up a Medical Commission which shall undertake the same duties as a Mixed Medical Commission, subject to the provisions of Articles 1, 2, 3, 4, 5 and 8 of the present Regulations.
Article 14

Mixed Medical Commissions shall function permanently and shall visit each camp at intervals of not more than six months.
ANNEX III

Regulations Concerning Collective Relief (see Article 73)
Article 1

Prisoners’ representatives shall be allowed to distribute collective relief shipments for which they are responsible, to all prisoners of war administered by their camp, including those who are in hospitals, or in prisons or other penal establishments.
Article 2

The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the prisoners’ representatives. The issue of medical stores shall, however, be made for preference in agreement with the senior medical officers, and the latter may, in hospitals and infirmaries, waive the said instructions, if the needs of their patients so demand. Within the limits thus defined, the distribution shall always be carried out equitably.
Article 3

The said prisoners’ representatives or their assistants shall be allowed to go to the points of arrival of relief supplies near their camps, so as to enable the prisoners’ representatives or their assistants to verify the quality as well as the quantity of the goods received, and to make out detailed reports thereon for the donors.
Article 4

Prisoners’ representatives shall be given the facilities necessary for verifying whether the distribution of collective relief in all subdivisions and annexes of their camps has been carried out in accordance with their instructions.
Article 5

Prisoners’ representatives shall be allowed to fill up, and cause to be filled up by the prisoners’ representatives of labour detachments or by the senior medical officers of infirmaries and hospitals, forms or questionnaires intended for the donors, relating to collective relief supplies (distribution, requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall be forwarded to the donors without delay.
Article 6

In order to secure the regular issue of collective relief to the prisoners of war in their camp, and to meet any needs that may arise from the arrival of new contingents of prisoners, prisoners’ representatives shall be allowed to build up and maintain adequate reserve stocks of collective relief. For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provided with two locks, the prisoners’ representative holding the keys of one lock and the camp commander the keys of the other.
Article 7

When collective consignments of clothing are available, each prisoner of war shall retain in his possession at least one complete set of clothes. If a prisoner has more than one set of clothes, the prisoners’ representative shall be permitted to withdraw excess clothing from those with the largest number of sets, or particular articles in excess of one, if this is necessary in order to supply prisoners who are less well provided. He shall not, however, withdraw second sets of underclothing, socks or footwear, unless this is the only means of providing for prisoners of war with none.
Article 8
The High Contracting Parties, and the Detaining Powers in particular, shall authorize, as far as possible and subject to the regulations governing the supply of the population, all purchases of goods made in their territories for the distribution of collective relief to prisoners of war. They shall similarly facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making such purchases.
Article 9
The foregoing provisions shall not constitute an obstacle to the right of prisoners of war to receive collective relief before their arrival in a camp or in the course of transfer, nor to the possibility of representatives of the Protecting Power, the International Committee of the Red Cross, or any other body giving assistance to prisoners which may be responsible for the forwarding of such supplies, ensuring the distribution thereof to the addressees by any other means that they may deem useful.
[ANNEX IV –NOT INCLUDED]
[MODEL IDENTITY CARD]
ANNEX V
Model Regulations Concerning
Payments Sent by Prisoners to Their
Own Country (see Article 63)

(1)
The notification referred to in the third paragraph of Article 63 will show:

(a)
number as specified in Article 17, rank, surname and first names of the prisoner of war who is the payer;

(b)
the name and address of the payee in the country of origin;

(2)
The notification will be signed by the prisoner of war, or his witnessed mark made upon it if he cannot write, and shall be countersigned by the prisoners’ representative.

(3)
The camp commander will add to this notification a certificate that the prisoner of war concerned has a credit balance of not less than the amount registered as payable.

(4) The notification may be made up in lists, each sheet of such lists being witnessed by the prisoners’ representative and certified by the camp commander.

GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR OF AUGUST 12, 1949 (GENEVA CONVENTION IV)
SIGNED AT GENEVA, 12 AUGUST 1949
ENTRY INTO FORCE: 21 OCTOBER 1950
The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from 21 April to 12 August 1949, for the purpose of establishing a Convention for the Protection of Civilians in Time of War, have agreed as follows:
Part I
General Provisions
Article 1

The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
Article 2

In addition to the provisions which shall be implemented in peace-time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 3

To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a)
violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) taking of hostages;

(2)
The wounded and sick shall be collected and cared for.

The provisions of Part II are, however, wider in application, as defined in Article 13.
Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949, shall not be considered as protected persons within the meaning of the present Convention.
Article 5
Where in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be.
Article 6
The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2.
In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations.
In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143.
Protected persons whose release, repatriation or reestablishment may take place after such dates shall meanwhile continue to benefit by the present Convention.
Article 7
In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention, not restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.
Article 8
Protected persons may in no circumstances renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.
Article 9
The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart. from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention.
They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties.

Article 10

The High Contracting Parties may at any time agree to entrust to an international organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When persons protected by the present Convention do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article.
The provisions of this Article shall extend and be adapted to cases of nationals of a neutral State who are in occupied territory or who find themselves in the territory of a belligerent State in which the State of which they are nationals has not normal diplomatic representation.
Article 12

In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for protected persons, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take part. in such a meeting.
Part II
General Protection of Populations
Against Certain Consequences of War

Article 13

In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital and safety zones and localities.
Article 15
Any Party to the conflict may, either direct or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction:
(a)
wounded and sick combatants or noncombatants;

(b)
civilian persons who take no part. in hostilities, and who, while they reside in the zones, perform no work of a military character.

When the Parties concerned have agreed upon the geographical position, administration, food supply and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone.
Article 16
The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect.
As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.
Article 17
The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.
Article 18
Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack but shall at all times be respected and protected by the Parties to the conflict.
States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives.
Article 19
The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit and after such warning has remained unheeded. The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants which have not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy.
Article 20
Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases shall be respected and protected.
In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949.
Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed.

The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel.
Article 21

Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949.
Article 22

Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned.
They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949.
Unless agreed otherwise, flights over enemy or enemy occupied territory are prohibited.
Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any.
Article 23

Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing:
(a)
that the consignments may be diverted from their destination,

(b) that the control may not be effective, or

The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make such permission conditional on the distribution to the persons benefited thereby being made under the local supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed.
Article 24

The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means.
Article 25

All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month.
Article 26
Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations.
Part III
Status and Treatment of Protected
Persons

Section I
Provisions Common to the Territories of the
Parties to the Conflict and to Occupied
Territories

Article 27
Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.
Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion.
However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.
Article 28
The presence of a protected person may not be used to render certain points or areas immune from military operations.
Article 29
The Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred.
Article 30
Protected persons shall have every facility for making application to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them.
These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations.
Apart. from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate, as much as possible, visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons.
Article 31
No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties.
Article 32
The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishments, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents.
Article 33
No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.

Reprisals against protected persons and their property are prohibited.
Article 34

The taking of hostages is prohibited.
Section II
Aliens in the Territory of a Party to the
Conflict

Article 35

All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be entitled to do so, unless their departure is contrary to the national interests of the State. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use.
If any such person is refused permission to leave the territory, he shall be entitled to have refusal reconsidered, as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to leave.
Article 36

Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned.
The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
Article 37

Protected persons who are confined pending proceedings or subject to a sentence involving loss of liberty, shall during their confinement be humanely treated.
As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles.
Article 38

With the exception of special measures authorized by the present Convention, in particularly by Article 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them:
(1)
they shall be enabled to receive the individual or collective relief that may be sent to them.

(2)
they shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned.

(3)
they shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith.

(4)
if they reside in an area particularly exposed to the dangers of war, they shall be authorized to move from that area to the same extent as the nationals of the State concerned.

(5)
children under fifteen years, pregnant women and mothers of children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the State concerned.

Article 39

Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are.
Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents.
Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30.
Article 40
Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are.
If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations.
In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases.
If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30.
Article 41
Should the Power, in whose hands protected persons may be, consider the measures of control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residence by virtue of a decision placing them in assigned residence, by virtue of a decision placing them in assigned residence, elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention.
Article 42
The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary.
If any person, acting through the representatives of the Protecting Power, voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may be.
Article 43
Any protected person who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case, with a view to the favourable amendment of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power.
Article 44
In applying the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government.
Article 45
Protected persons shall not be transferred to a Power which is not a party to the Convention.
This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with.
In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law.

Article 46

In so far as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities.
Section III
Occupied Territories
Article 47

Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part. of the occupied territory.
Article 48

Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken in accordance with the procedure which the Occupying Power shall establish in accordance with the said Article.
Article 49

Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.
Article 50

The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend.
A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years.
Article 51

The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part. in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour.
The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character.
Article 52
No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power’s intervention.
All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited.
Article 53
Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.
Article 54
The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience.
This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts.
Article 55
To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.
The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods.
The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements.
Article 56
To the fullest extent of the means available to it, the public Occupying Power has the duty of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties.
If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory.
Article 57
The Occupying Power may requisition civilian hospitals of hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation.

The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population.
Article 58

The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities.
The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory.
Article 59

Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55, 56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power.
Article 61

The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body.
Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories.
Article 62

Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them.
Article 63

Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power:
(a)
recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities under similar conditions;

(b)
the Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities.

The same principles shall apply to the activities and personnel of special organizations of a non-military character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues.
Article 64

The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention.
Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.
The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them.
Article 65
The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive.
Article 66
In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64 the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country.
Article 67
The courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence. They shall take into consideration the fact the accused is not a national of the Occupying Power.
Article 68
Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.
The death penalty may not be pronounced on a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced on a protected person who was under eighteen years of age at the time of the offence.
Article 69
In all cases the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment of awarded.
Article 70
Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war.
Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace.
Article 71
No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.

The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars:
(a)
description of the accused;

(b)
place of residence or detention;

(d)
designation of the court which will hear the case;

(e) place and date of the first hearing.
Article 72

Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.
Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. When an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have at any time the right to object to the interpreter and to ask for his replacement.
Article 73

A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power.
Article 74

Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power.
Any judgement involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71 and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgements other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment of two years or more, shall not run until notification of judgement has been received by the Protecting Power.
Article 75

In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a period of a least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve.
The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences.
Article 76

Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occupied country.
They shall receive the medical attention required by their state of health.
They shall also have the right to receive any spiritual assistance which they may require.
Women shall be confined in separate quarters and shall be under the direct supervision of women.
Proper regard shall be paid to the special treatment due to minors.
Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel monthly.
Article 77
Protected persons who have been accused of offences or convicted by the courts in occupied territory, shall be handed over at the close of occupation, with the relevant records, to the authorities of the liberated territory.
Article 78
If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up by the said Power.
Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention.
Section IV
Regulations for the Treatment of Internees
Chapter I
General Provisions
Article 79
The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78.
Article 80
Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status.
Article 81
Parties to the conflict who intern protected persons shall be bound to provide free of charge for their maintenance, and to grant them also the medical attention required by their state of health.
No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of these costs.
The Detaining Power shall provide for the support of those dependent on the internees, if such dependents are without adequate means of support or are unable to earn a living.
Article 82
The Detaining Power shall, as far as possible, accommodate the internees according to their nationality, language and customs. Internees who are nationals of the same country shall not be separated merely because they have different languages.
Throughout the duration of their internment, members of the same family, and in particular parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section. Internees may request that their children who are left at liberty without parental care shall be interned with them.
Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommodation from other internees, together with facilities for leading a proper family life.

Chapter II them. Showers or baths shall also be available. The necessary time shall be set aside for washing and for cleaning.
Places of Internment
Article 83

The Detaining Power shall not set up places of internment in areas particularly exposed to the dangers of war.
The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of places of internment.
Whenever military considerations permit, internment camps shall be indicated by the letters IC, placed so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree upon any other system of marking. No place other than an internment camp shall be marked as such.
Article 84

Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason.
Article 85

The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and the effects of the war. In no case shall permanent places of internment be situated in unhealthy areas or in districts, the climate of which is injurious to the internees. In all cases where the district, in which a protected person is temporarily interned, is an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more suitable place of internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately heated and lighted, in particular between dusk and lights out. The sleeping quarters shall be sufficiently spacious and well ventilated, and the internees shall have suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of the internees.
Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of hygiene, and are constantly maintained in a state of cleanliness. They shall be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory.
Article 86

The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services.
Article 87

Canteens shall be installed in every place of internment, except where other suitable facilities are available. Their purpose shall be to enable internees to make purchases, at prices not higher than local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as would increase their personal well-being and comfort.
Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment, and administered for the benefit of the internees attached to such place of internment. The Internee Committee provided for in Article 102 shall have the right to check the management of the canteen and of the said fund.
When a place of internment is closed down, the balance of the welfare fund shall be transferred to the welfare fund of a place of internment for internees of the same nationality, or, if such a place does not exist, to a central welfare fund which shall be administered for the benefit of all internees remaining in the custody of the Detaining Power. In case of a general release, the said profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned.
Article 88

In all places of internment exposed to air raids and other hazards of war, shelters adequate in number and structure to ensure the necessary protection shall be installed. In case of alarms, the measures internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures taken in favour of the population shall also apply to them.
All due precautions must be taken in places of internment against the danger of fire.
Chapter III
Food and Clothing
Article 89
Daily food rations for internees shall be sufficient in quantity, quality and variety to keep internees in a good state of health and prevent the development of nutritional deficiencies. Account shall also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare for themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use of tobacco shall be permitted.
Internees who work shall receive additional rations in proportion to the kind of labour which they perform.
Expectant and nursing mothers and children under fifteen years of age, shall be given additional food, in proportion to their physiological needs.
Article 90
When taken into custody, internees shall be given all facilities to provide themselves with the necessary clothing, footwear and change of underwear, and later on, to procure further supplies if required. Should any internees not have sufficient clothing, account being taken of the climate, and be unable to procure any, it shall be provided free of charge to them by the Detaining Power.
The clothing supplied by the Detaining Power to internees and the outward markings placed on their own clothes shall not be ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including protective clothing, whenever the nature of their work so requires.
Chapter IV
Hygiene and Medical Attention
Article 91
Every place of internment shall have an adequate infirmary, under the direction of a qualified doctor, where internees may have the attention they require, as well as appropriate diet. Isolation wards shall be set aside for cases of contagious or mental diseases.
Maternity cases and internees suffering from serious diseases, or whose condition requires special treatment, a surgical operation or hospital care, must be admitted to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population.
Internees shall, for preference, have the attention of medical personnel of their own nationality.
Internees may not be prevented from presenting themselves to the medical authorities for examination. The medical authorities of the Detaining Power shall, upon request, issue to every internee who has undergone treatment an official certificate showing the nature of his illness or injury, and the duration and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Central Agency provided for in Article 140.
Treatment, including the provision of any apparatus necessary for the maintenance of internees in good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the internee.
Article 92
Medical inspections of internees shall be made at least once a month. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of internees, and to detect contagious diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year, radioscopic examination.
Chapter V
Religious, Intellectual and Physical Activities
Article 93
Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister freely to the members of their community. For this purpose the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion. Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall not be considered as forming a part. of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article

112.
When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees’ faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security.
Article 94

The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games amongst internees, whilst leaving them free to take part. in them or not. It shall take all practicable measures to ensure the exercise thereof, in particular by providing suitable premises.
All possible facilities shall be granted to internees to continue their studies or to take up new subjects. The education of children and young people shall be ensured; they shall be allowed to attend schools either within the place of internment or outside.
Internees shall be given opportunities for physical exercise, sports and outdoor games. For this purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved for children and young people.
Article 95

All labour detachments shall remain part. of and dependent upon a place of internment. The competent authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention. The commandant shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment.
Chapter VI
Personal Property and Financial Resources
Article 97

Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc., and valuables in their possession may not be taken from them except in accordance with established procedure. Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee as provided for in Article 98. Such amounts may not be converted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the internee gives his consent.
Articles which have above all a personal or sentimental value may not be taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles, monies or other valuables taken from them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may not be taken away without a receipt being given. At no time shall internees be left without identity documents. If they have none, they shall be issued with special documents drawn up by the detaining authorities, which will serve as their identity papers until the end of their internment.
Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase coupons, to enable them to make purchases.
Article 98
All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such as tobacco, toilet requisites, etc. Such allowances may take the form of credits or purchase coupons.
Furthermore, internees may receive allowances from the Power to which they owe allegiance, the Protecting Powers, the organizations which may assist them, or their families, as well as the income on their property in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.) but may not be allocated by that Power or distributed by the Detaining Power on the basis of discriminations between internees which are prohibited by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in the present Article, the wages earned and the remittances received, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependents. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting Power, on request, and shall accompany the internee in case of transfer.
Chapter VII
Administration and Discipline
Article 99
Every place of internment shall be put under the authority of a responsible officer, chosen from the regular military forces or the regular civil administration of the Detaining Power. The officer in charge of the place of internment must have in his possession a copy of the present Convention in the official language, or one of the official languages, of his country and shall be responsible for its application. The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its application.
The text of the present Convention and the texts of special agreements concluded under the said Convention shall be posted inside the place of internment, in a language which the internees understand, or shall be in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be communicated to the internees and posted inside the places of internment, in a language which they understand.
Every order and command addressed to internees individually must, likewise, be given in a language which they understand.
Article 100
The disciplinary regime in places of internment shall be consistent with humanitarian principles, and shall in no circumstances include regulations imposing on internees any physical exertion dangerous to their health or involving physical or moral victimization. Identification by tattooing or imprinting signs or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or the reduction of food rations, are prohibited.

Article 101

The Internee Committees shall further the physical, spiritual and intellectual well-being of the internees.
In case the internees decide, in particular, to organize a system of mutual assistance amongst themselves, this organization would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention.
Article 104

Members of Internee Committees shall not be required to perform any other work, if the accomplishment of their duties is rendered more difficult thereby.
Members of Internee Committees may appoint from amongst the internees such assistants as they may require. All material facilities shall be granted to them, particularly a certain freedom of movement necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, and with the organizations which give assistance to internees. Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming a part. of the quota mentioned in Article 107.
Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs.
Chapter VIII
Relations with the Exterior
Article 105

Immediately upon interning protected persons, the Detaining Powers shall inform them, the Power to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the present Chapter. The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications of such measures.
Article 106

As soon as he is interned, or at the latest not more than one week after his arrival in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency provided for by Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Convention, informing his relatives of his detention, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any way.
Article 107

Internees shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each internee, the said number shall not be less than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possible to the models annexed to the present Convention. If limitations must be placed on the correspondence addressed to internees, they may be ordered only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or who find it impossible to receive news from their relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their disposal. They shall likewise benefit by this provision in cases which are recognized to be urgent.
As a rule, internees’ mail shall be written in their own language. The Parties to the conflict may authorize correspondence in other languages.
Article 108
Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational character which may meet their needs. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such shipments to be limited, due notice thereof shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any other organization giving assistance to the internees and responsible for the forwarding of such shipments.
The conditions for the sending of individual parcels and collective shipments shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in collective parcels.
Article 109
In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt and distribution of collective relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied.
The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of them in the interests of the recipients. Nor shall such agreements restrict the right of representatives of the Protecting Powers, the International Committee of the Red Cross, or any other organization giving assistance to internees and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients.
Article 110
An relief shipments for internees shall be exempt from import, customs and other dues.
All matter sent by mail, including relief parcels sent by parcel post and remittances of money, addressed from other countries to internees or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and destination and in intermediate countries. To this effect, in particular, the exemption provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of civilians of enemy nationality detained in camps or civilian prisons, shall be extended to the other interned persons protected by the present Convention. The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the same circumstances.
The cost of transporting relief shipments which are intended for internees and which, by reason of their weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Power in all the territories under its control. Other Powers which are Parties to the present Convention shall bear the cost of transport in their respective territories.
Costs connected with the transport of such shipments, which are not covered by the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams sent by internees, or addressed to them.
Article 111
Should military operations prevent the Powers concerned from fulfilling their obligation to ensure the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:

(a)
correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article 136;

(b)
correspondence and reports relating to internees which the Protecting Powers, the International Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with the Parties to the conflict.

These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport.
The costs occasioned by the use of such means of transport shall be borne, in proportion to the importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby.
Article 112

The censoring of correspondence addressed to internees or despatched by them shall be done as quickly as possible.
The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods contained in them to deterioration. It shall be done in the presence of the addressee, or of a fellow-internee duly delegated by him. The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the conflict either for military or political reasons, shall be only temporary and its duration shall be as short as possible.
Article 113

The Detaining Powers shall provide all reasonable execution facilities for the transmission, through the Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of attorney, letters of authority, or any other documents intended for internees or despatched by them.
In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such documents on behalf of internees, in particular by allowing them to consult a lawyer.
Article 114

The Detaining Power shall afford internees all facilities to enable them to manage their property, provided this is not incompatible with the conditions of internment and the law which is applicable. For this purpose, the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow.
Article 115

In all cases where an internee is a party to proceedings in any court, the Detaining Power shall, if he so requests, cause the court to be informed of his detention and shall, within legal limits, ensure that all necessary steps are taken to prevent him from being in any way prejudiced, by reason of his internment, as regards the preparation and conduct of his case or as regards the execution of any judgment of the court.
Article 116

Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in cases of death or serious illness of relatives.
Chapter IX
Penal and Disciplinary Sanctions
Article 117

Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment.
If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the same acts are not punishable when committed by persons who are not internees, such acts shall entail disciplinary punishments only.
No internee may be punished more than once for the same act, or on the same count.
Article 118

The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.
Imprisonment in premises without daylight, and, in general, all forms of cruelty without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees.
The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty involving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result.
Article 119
The disciplinary punishments applicable to internees shall be the following:
(1)
a fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days.

(2)
discontinuance of privileges granted over and above the treatment provided for by the present Convention

(3)
fatigue duties, not exceeding two hours daily, in connection with the maintenance of the place of internment.

(4) confinement.
In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee’s age, sex and state of health.
The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not.
Article 120
Internees who are recaptured after having escaped or when attempting to escape, shall be liable only to disciplinary punishment in respect of this act, even if it is a repeated offence.
Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted by the present Convention.
Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary punishment only.
Article 121
Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape.
The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of acts committed in connection with an escape, whether successful or not.
Article 122
Acts which constitute offences against discipline shall be investigated immediately. This rule shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over to the competent authorities as soon as possible.
In cases of offences against discipline, confinement awaiting trial shall be reduced to an absolute minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be deducted from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline.
Article 123
Without prejudice to the competence of courts and higher authorities, disciplinary punishment may be ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces him, or to whom he has delegated his disciplinary powers.
Before any disciplinary punishment is awarded, the accused internee shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced in the presence of the accused and of a member of the Internee Committee.
The period elapsing between the time of award of a disciplinary punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
A record of disciplinary punishments shall be maintained by the commandant of the place of internment and shall be open to inspection by representatives of the Protecting Power.

Article 124

Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
The premises in which disciplinary punishments are undergone shall conform to sanitary requirements: they shall in particular be provided with adequate bedding. Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women.
Article 125

Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmary of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to the infirmary the perishable goods contained in the parcels.
No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention.
Article 126

The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are in the national territory of the Detaining Power.
Chapter X
Transfers of Internees
Article 127

The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of station. If, as an exceptional measure, such removals have to be effected on foot, they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate shelter and the necessary medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them, unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the internees in the said place shall not be transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred.
When making decisions regarding the transfer of internees, the Detaining Power shall take their interests into account and, in particular, shall not do anything to increase the difficulties of repatriating them or returning them to their own homes.
Article 128

In the event of transfer, internees shall be officially advised of their departure and of their new postal address. Such notification shall be given in time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require, but in no case to less than twenty-five kilograms per internee.
Mail and parcels addressed to their former place of internment shall be forwarded to them without delay.
The commandant of the place of internment shall take, in agreement with the Internee Committee, any measures needed to ensure the transport of the internees’ community property and of the luggage the internees are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph.
Chapter XI
Deaths
Article 129
The wills of internees shall be received for safekeeping by the responsible authorities; and if the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated.
Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made out, showing the causes of death and the conditions under which it occurred.
An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140.
Article 130
The detaining authorities shall ensure that internees who die while interned are honourably buried, if possible according to the rites of the religion to which they belonged and that their graves are respected, properly maintained, and marked in such a way that they can always be recognized.
Deceased internees shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall be retained for safe-keeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request.
As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall forward lists of graves of deceased internees to the Powers on whom deceased internees depended, through the Information Bureaux provided for in Article 136. Such lists shall include all particulars necessary for the identification of the deceased internees, as well as the exact location of their graves.
Article 131
Every death or serious injury of an internee, caused or suspected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary steps to ensure the prosecution of the person or persons responsible.
Chapter XII
Release, Repatriation and Accommodation in
Neutral Countries

Article 132
Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and internees who have been detained for a long time.
Article 133
Internment shall cease as soon as possible after the close of hostilities.
Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until the close of such proceedings and, if circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty.
By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostilities, or of the occupation of territories, to search for dispersed internees.
Article 134
The High Contracting Parties shall endeavour, upon the Repatriation close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their residence repatriation.

Article 135 rapid means to the Powers in whose territory they
The Detaining Power shall bear the expense of returning released internees to the places where they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure.
Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internee’s repatriation. If, however, the internee elects to return to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegiance, the Detaining Power need not pay the expenses of his journey beyond the point of his departure from its territory. The Detaining Power need not pay the cost of repatriation of an internee who was interned at his own request.
If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each.
The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
Section V

Information Bureaux and Central Agency
Article 136

Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power.
Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births and deaths.
Article 137

Each national Bureau shall immediately forward information concerning protected persons by the most resided, through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be authenticated by a signature or a seal.
Article 138

The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall include at least his surname, first names, place and date of birth, nationality last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed.
Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week.
Article 139

Each national Information Bureau shall, furthermore, be responsible for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables.
Article 140

A Central Information Agency for protected persons, in particular for internees, shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency, which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949.
The function of the Agency shall be to collect all information of the type set forth in Article 136 which it may obtain through official or private channels and to transmit it as rapidly as possible to the countries of origin or of residence of the persons concerned, except in cases where such transmissions might be detrimental to the persons whom the said information concerns, or to their relatives. It shall receive from the Parties to the conflict all reasonable facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross and of the relief Societies described in Article 142.
Article 141
The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates.
Part IV
Execution Of The Convention
Section I
General Provisions
Article 142
Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes, or for assisting them in organizing their leisure time within the places of internment. Such societies or organizations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons.
The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times.
Article 143
Representatives or delegates of the Protecting Powers shall have permission to go to all places where protected persons are, particularly to places of internment, detention and work.
They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter.
Such visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. Their duration and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of origin of the persons to be visited, may agree that compatriots of the internees shall be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties.
Article 144
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population.
Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of protected persons, must possess the text of the Convention and be specially instructed as to its provisions.
Article 145
The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.

Article 146

No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
Article 149

At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.
Section II
Final Provisions
Article 150

The present Convention is established in English and in French. Both texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages.
Article 151

The present Convention, which bears the date of this day, is open to signature until 12 February 1950, in the name of the Powers represented at the Conference which opened at Geneva on 21 April 1949.
Article 152

The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.
Article 154
In the relations between the Powers who are bound by the Hague Conventions respecting the Laws and Customs of War on Land, whether that of 29 July 1899, or that of 18 October 1907, and who are parties to the present Convention, this last Convention shall be supplementary to Sections II and III of the Regulations annexed to the above-mentioned Conventions of The Hague.
Article 155
From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.
Article 156
Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified.
Article 157
The situations provided for in Articles 2 and 3 shall effective immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict.
Article 158
Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with release, repatriation and re-establishment of the persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience.
Article 159
The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.
ANNEX I
Draft Agreement Relating to Hospital and Safety Zones and Localities
Article 1
Hospital and safety zones shall be strictly reserved for the persons mentioned in Article 23 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, and in Article 14 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, and for the personnel entrusted with the organization and administration of these zones and localities, and with the care of the persons therein assembled.
Nevertheless, persons whose permanent residence is within such zones shall have the right to stay there.
Article 2
No persons residing, in whatever capacity, in a hospital and safety zone shall perform any work, either within or without the zone, directly connected with military operations or the production of war material.
Article 3
The Power establishing a hospital and safety zone shall take all necessary measures to prohibit access to all persons who have no right of residence or entry therein.

Article 4

Hospital and safety zones shall fulfil the following conditions:
(a)
they shall comprise only a small part. of the territory governed by the Power which has established them

(b)
they shall be thinly populated in relation to the possibilities of accommodation

(c)
they shall be far removed and free from all military objectives, or large industrial or administrative establishments

(d)
they shall not be situated in areas which, according to every probability, may become important for the conduct of the war.

Article 5

Hospital and safety zones shall be subject to the following obligations:
(a)
the lines of communication and means of transport which they possess shall not be used for the transport of military personnel or material, even in transit

(b)
they shall in no case be defended by military means.

Article 6

Hospital and safety zones shall be marked by means of oblique red bands on a white ground, placed on the buildings and outer precincts.
Zones reserved exclusively for the wounded and sick may be marked by means of the Red Cross (Red Crescent, Red Lion and Sun) emblem on a white ground.
They may be similarly marked at night by means of appropriate illumination.
Article 7

The Powers shall communicate to all the High Contracting Parties in peacetime or on the outbreak of hostilities, a list of the hospital and safety zones in the territories governed by them. They shall also give notice of any new zones set up during hostilities.
As soon as the adverse party has received the above-mentioned notification, the zone shall be regularly established.
If, however, the adverse party considers that the conditions of the present agreement have not been fulfilled, it may refuse to recognize the zone by giving immediate notice thereof to the Party responsible for the said zone, or may make its recognition of such zone dependent upon the institution of the control provided for in Article 8.
Article 8

Any Power having recognized one or several hospital and safety zones instituted by the adverse Party shall be entitled to demand control by one or more Special Commissions, for the purpose of ascertaining if the zones fulfil the conditions and obligations stipulated in the present agreement.
For this purpose, members of the Special Commissions shall at all times have free access to the various zones and may even reside there permanently. They shall be given all facilities for their duties of inspection.
Article 9

Should the Special Commissions note any facts which they consider contrary to the stipulations of the present agreement, they shall at once draw the attention of the Power governing the said zone to these facts, and shall fix a time limit of five days within which the matter should be rectified. They shall duly notify the Power which has recognized the zone.
If, when the time limit has expired, the Power governing the zone has not complied with the warning, the adverse Party may declare that it is no longer bound by the present agreement in respect of the said zone.
Article 10

Any Power setting up one or more hospital and safety zones, and the adverse Parties to whom their existence has been notified, shall nominate or have nominated by the Protecting Powers or by other neutral Powers, persons eligible to be members of the Special Commissions mentioned in Articles 8 and 9.
Article 11

In no circumstances may hospital and safety zones be the object of attack. They shall be protected and respected at all times by the Parties to the conflict.
Article 12

In the case of occupation of a territory, the hospital and safety zones therein shall continue to be respected and utilized as such.
Their purpose may, however, be modified by the Occupying Power, on condition that all measures are taken to ensure the safety of the persons accommodated.
Article 13
The present agreement shall also apply to localities which the Powers may utilize for the same purposes as hospital and safety zones.
ANNEX II
Draft Regulations Concerning Collective Relief
Article 1
The Internee Committees shall be allowed to distribute collective relief shipments for which they are responsible to all internees who are dependent for administration on the said Committee’s place of internment, including those internees who are in hospitals, or in prison or other penitentiary establishments.
Article 2
The distribution of collective relief shipments shall be effected in accordance with the instructions of the donors and with a plan drawn up by the Internee Committees. The issue of medical stores shall, however, be made for preference in agreement with the senior medical officers, and the latter may, in hospitals and infirmaries, waive the said instructions, if the needs of their patients so demand. Within the limits thus defined, the distribution shall always be carried out equitably.
Article 3
Members of Internee Committees shall be allowed to go to the railway stations or other points of arrival of relief supplies near their places of internment so as to enable them to verify the quantity as well as the quality of the goods received and to make out detailed reports thereon for the donors.
Article 4
Internee Committees shall be given the facilities necessary for verifying whether the distribution of collective relief in all subdivisions and annexes of their places of internment has been carried out in accordance with their instructions.
Article 5
Internee Committees shall be allowed to complete, and to cause to be completed by members of the Internee Committees in labour detachments or by the senior medical officers of infirmaries and hospitals, forms or questionnaires intended for the donors, relating to collective relief supplies (distribution, requirements, quantities, etc.). Such forms and questionnaires, duly completed, shall be forwarded to the donors without delay.
Article 6
In order to secure the regular distribution of collective relief supplies to the internees in their place of internment, and to meet any needs that may arise through the arrival of fresh parties of internees, the Internee Committees shall be allowed to create and maintain sufficient reserve stocks of collective relief. For this purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provided with two locks, the Internee Committee holding the keys of one lock, and the commandant of the place of internment the keys of the other.
Article 7
The High Contracting Parties, and the Detaining Powers in particular, shall, so far as is in any way possible and subject to the regulations governing the food supply of the population, authorize purchases of goods to be made in their territories for the distribution of collective relief to the internees. They shall likewise facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose of making such purchases.
Article 8
The foregoing provisions shall not constitute an obstacle to the right of internees to receive collective relief before their arrival in a place of internment or in the course of their transfer, nor to the possibility of representatives of the Protecting Power, or of the International Committee of the Red Cross or any other humanitarian organization giving assistance to internees and responsible for forwarding such supplies, ensuring the distribution thereof to the recipients by any other means they may deem suitable.
[ANNEX III, ILLUSTRATIONS OF INTERNMENT CARD, LETTER, AND CORRESPONDENCE CARD, NOT INCLUDED]
U.S. RESERVATIONS
The United States in ratifying the Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field does so with the reservation that irrespective of any provision or provisions in said convention to the contrary, nothing contained therein shall make unlawful, or obligate the United States of America to make unlawful, any use or right of use within the United States of America and its territories and possessions of the Red Cross emblem, sign, insignia, or words as was lawful by reason of domestic law and a use begun prior to January 5, 1905, provided such use by pre-1905 users does not extend to the placing of the Red Cross emblem, sign, or insignia upon aircraft, vessels, vehicles, buildings or other structures, or upon the ground.

The United States reserves the right to impose the death penalty in accordance with the provisions of Article 68, paragraph 2, without regard to whether the offenses referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins. (Reservation formulated by the Representative of the United States of America at the time of signature.)
Rejecting the reservations -other than to Article 68, paragraph 2 -which States have made with respect to the Geneva Convention relative to the protection of civilian persons in time of war, the United States accepts treaty relations with all parties to that Convention, except as to the changes proposed by such reservations.
PROTOCOL ADDITIONAL TO THE
GENEVA CONVENTIONS OF 12
AUGUST 1949, AND RELATING TO
THE PROTECTION OF VICTIMS
OF INTERNATIONAL ARMED
CONFLICTS (ADDITIONAL
PROTOCOL I)

8 JUNE 1977
Preamble
The High Contracting Parties,
Proclaiming their earnest wish to see peace prevail among peoples,
Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,
Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intended to reinforce their application,
Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be construed as legitimizing or authorizing any act of aggression or any other use of force inconsistent with the Charter of the United Nations,
Reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties to the conflict,
Have agreed on the following:
Part I
General Provisions
Article 1
General principles and scope of application
1.
The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances.

2.
In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience.

3.
This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions.

4.
The situations referred to in the preceding paragraph include armed conflicts which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration of Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations.

Article 2
Definitions
For the purposes of this Protocol
(a) “First Convention”, “Second Convention”, “Third Convention” and “Fourth Convention” mean, respectively, the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Ship-wrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949; the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; “the Conventions” means the four Geneva Conventions of 12 August 1949 for the protection of war victims;

(b)
“Rules of international law applicable in armed conflict” means the rules applicable in armed conflict set forth in international agreements to which the Parties to the conflict are Parties and the generally recognized principles and rules of international law which are applicable to armed conflict;

(c)
“Protecting Power” means a neutral or other State not a Party to the conflict which has been designated by a Party to the conflict and accepted by the adverse Party and has agreed to carry out the functions assigned to a Protecting Power under the Conventions and this Protocol;

(d)
“Substitute” means an organization acting in place of a Protecting Power in accordance with Article

5.
Article 3
Beginning and end of application

Without prejudice to the provisions which are applicable at all times:
(a)
the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol.

(b)
the application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict, on the general close of military operations and, in the case of occupied territories, on the termination of the occupation, except, in either circumstance, for those persons whose final release, repatriation or re-establishment takes place thereafter. These persons shall continue to benefit from the relevant provisions of the Conventions and of this Protocol until their final release repatriation or reestablishment.

Article 4
Legal status of the Parties to the conflict

The application of the Conventions and of this Protocol, as well as the conclusion of the agreements provided for therein, shall not affect the legal status of the Parties to the conflict. Neither the occupation of a territory nor the application of the Conventions and this Protocol shall affect the legal status of the territory in question.
Article 5
Appointment of Protecting Powers and of their substitute

1. It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, including inter alia the designation and acceptance of those Powers, in accordance with the following paragraphs. Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict.
2.
From the beginning of a situation referred to in Article 1, each Party to the conflict shall without delay designate a Protecting Power for the purpose of applying the Conventions and this Protocol and shall, likewise without delay and for the same purpose, permit the activities or a Protecting Power which has been accepted by it as such after designation by the adverse Party.

3.
If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in Article 1, the International Committee of the Red Cross, without prejudice to the right of any other impartial humanitarian organization to do likewise, shall offer its good offices to the Parties to the conflict with a view to the designation without delay of a Protecting Power to which the Parties to the conflict consent. For that purpose it may inter alia ask each Party to provide it with a list of at least five States which that Party considers acceptable to act as Protecting Power on its behalf in relation to an adverse Party and ask each adverse Party to provide a list or at least five States which it would accept as the Protecting Power of the first Party; these lists shall be communicated to the Committee within two weeks after the receipt or the request; it shall compare them and seek the agreement of any proposed State named on both lists.

4.
If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept without delay an offer which may be made by the International Committee of the Red Cross or by any other organization which offers all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the result of these consultations, to act as a substitute. The functioning of such a substitute is subject to the consent of the Parties to the conflict; every effort shall be made by the Parties to the conflict to facilitate the operations of the substitute in the performance of its tasks under the Conventions and this Protocol.

5.
In accordance with Article 4, the designation and acceptance of Protecting Powers for the purpose of applying the Conventions and this Protocol shall not affect the legal status of the Parties to the conflict or of any territory, including occupied territory.

6.
The maintenance of diplomatic relations between Parties to the conflict or the entrusting of the protection of a Party’s interests and those of its nationals to a third State in accordance with the rules of international law relating to diplomatic relations is no obstacle to the designation of Protecting Powers for the purpose of applying the Conventions and this Protocol.

7. Any subsequent mention in this Protocol of a Protecting Power includes also a substitute.
Article 6
Qualified persons
1.
The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of the national Red Cross (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate the application of the Conventions and of this Protocol, and in particular the activities of the Protecting Powers.

2.
The recruitment and training of such personnel are within domestic jurisdiction.

3.
The International Committee of the Red Cross shall hold at the disposal of the High Contracting Parties the lists of persons so trained which the High Contracting Parties may have established and may have transmitted to it for that purpose.

4.
The conditions governing the employment of such personnel outside the national territory shall, in each case, be the subject of special agreements between the Parties concerned.

Article 7
Meetings
The depositary of this Protocol shall convene a meeting of the High Contracting Parties, at the request of one or more of the said Parties and upon, the approval of the majority of the said Parties, to consider general problems concerning the application of the Conventions and of the Protocol.
Part II
Wounded, Sick And Shipwrecked
Section I
General Protection
Article 8
Terminology
For the purposes of this Protocol:
(1) “Wounded” and “sick” mean persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility;
(2)
“Shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol;

(3)
“Medical personnel” means those persons assigned, by a Party to the conflict, exclusively to the medical purposes enumerated under (5) or to the administration of medical units or to the operation or administration of medical transports. Such assignments may be either permanent or temporary. The term includes:

(a)
medical personnel of a Party to the conflict, whether military or civilian, including those described in the First and Second Conventions, and those assigned to civil defence organizations;

(b)
medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national voluntary aid societies duly recognized and authorized by a Party to the conflict;

(4)
“Religious personnel” means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached:

(a) to the armed forces of a Party to the conflict;

(b)
to medical units or medical transports of a Party to the conflict;

(d)
to civil defence organizations of a Party to the conflict.

The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under (11) apply to them;

(5)
“Medical units” means establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis or treatment -including first-aid treatment -of the wounded, sick and shipwrecked, or for the prevention of disease. The term includes for example, hospitals and other similar units, blood transfusion centres, preventive medicine centres and institutes, medical depots and the medical and

pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary;
(6)
“Medical transportation” means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical personnel, religious personnel, medical equipment or medical supplies protected by the Conventions and by this Protocol;

(7)
“Medical transports” means any means of transportation, whether military or civilian, permanent or temporary, assigned exclusively to medical transportation and under the control of a competent authority of a Party to the conflict;

(8)
“Medical vehicles” means any medical transports by land;

(9)
“Medical ships and craft” means any medical transports by water;

(10)
“Medical aircraft” means any medical transports by air;

(11)
“Permanent medical personnel”, “permanent medical units” and “permanent medical transports” mean those assigned exclusively to medical purposes for an indeterminate period. “Temporary medical personnel” “temporary medical-units” and “temporary medical transports” mean those devoted exclusively to medical purposes for limited periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel”, “medical units” and “medical transports” cover both permanent and temporary categories;

(12)
“Distinctive emblem” means the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground when used for the protection of medical units and transports, or medical and religious personnel, equipment or supplies;

(13)
“Distinctive signal” means any signal or message specified for the identification exclusively of medical units or transports in Chapter III of Annex I to this Protocol.

Article 9
Field of application

1.
This Part, the provisions of which are intended to ameliorate the condition of the wounded, sick and shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse distinction founded on race, colour, sex, language, religion or belief political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.

2.
The relevant provisions of Articles 27 and 32 of the First Convention shall apply to permanent medical units and transports (other than hospital ships, to which

Article 25 of the Second Convention applies) and their personnel made available to a Party to the conflict for humanitarian purposes:
(a)
by a neutral or other State which is not a Party to that conflict;

(b)
by a recognized and authorized aid society of such a State;

Article 10
Protection and care

1.
All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected.

2.
In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.

Article 11
Protection of persons

1.
The physical or mental health and integrity of persons who are in the power of the adverse Party or who are interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty.

2.
It is, in particular, prohibited to carry out on such persons, even with their consent:

(a)
physical mutilations;

(b)
medical or scientific experiments;

(c) removal of tissue or organs for transplantation, except where these acts are justified in conformity with the conditions provided for in paragraph 1.
3. Exceptions to the prohibition in paragraph 2 (c) may be made only in the case of donations of blood for transfusion or of skin for grafting, provided that they are given voluntarily and without any coercion or inducement, and then only for therapeutic purposes, under conditions consistent with generally accepted medical standards and controls designed for the benefit of both the donor and the recipient.
4.
Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person who is in the power of a Party other than the one on which he depends and which either violates any of the prohibitions in paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall be a grave breach of this Protocol.

5.
The persons described in paragraph 1 have the right to refuse any surgical operation. In case of refusal, medical personnel shall endeavour to obtain a written statement to that effect, signed or acknowledged by the patient.

6.
Each Party to the conflict shall keep a medical record for every donation of blood for transfusion or skin for grafting by persons referred to in paragraph 1, if that donation is made under the responsibility of that Party. In addition, each Party to the conflict shall endeavour to keep a record of all medical procedures undertaken with respect to any person who is interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1. These records shall be available at all times for inspection by the Protecting Power.

Article 12
Protection of medical units
1.
Medical units shall be respected and protected at all times and shall not be the object of attack.

2.
Paragraph 1 shall apply to civilian medical units, provided that they:

(a) belong to one of the Parties to the conflict;
(b)
are recognized and authorized by the competent authority of one of the Parties to the conflict; or

3.
The Parties to the conflict are invited to notify each other of the location of their fixed medical units. The absence of such notification shall not exempt any of the Parties from the obligation to comply with the provisions of paragraph 1.

4.
Under no circumstances shall medical units be used in an attempt to shield military objectives from attack. Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against military objectives do not imperil their safety.

Article 13
Discontinuance of protection of civilian medical units
1.
The protection to which civilian medical units are entitled shall not cease unless they are used to commit, outside their humanitarian function, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.

2.
The following shall not be considered as acts harmful to the enemy:

(a)
that the personnel of the unit are equipped with light individual weapons for their own defence or for that of the wounded and sick in their charge;

(b)
that the unit is guarded by a picket or by sentries or by an escort;

(c)
that small arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the units;

(d)
that members of the armed forces or other combatants are in the unit for medical reasons.

Article 14
Limitations on requisition of civilian medical units
1.
The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied territory continue to be satisfied.

2.
The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, their materiel or the services of their personnel, so long as these resources are necessary for the provision of adequate medical services for the civilian population and for the continuing medical care of any wounded and sick already under treatment.

3.
Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power may requisition the said resources, subject to the following particular conditions:

(a)
that the resources are necessary for the adequate and immediate medical treatment of the wounded and sick members of the armed forces of the Occupying Power or of prisoners of war;

(b)
that the requisition continues only while such necessity exists; and

(c)
that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those of any wounded and sick under treatment who are affected by the requisition, continue to be satisfied.

Article 15 Article 17
Protection of civilian medical and religious personnel
1.
Civilian medical personnel shall be respected and protected.

2.
If needed, all available help shall be afforded to civilian medical personnel in an area where civilian medical services are disrupted by reason of combat activity.

3.
The Occupying Power shall afford civilian medical personnel in occupied territories every assistance to enable them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that, in the performance of those functions, such personnel shall give priority to the treatment of any person except on medical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission.

4.
Civilian medical personnel shall have access to any place where their services are essential, subject to such supervisory and safety measures as the relevant Party to the conflict may deem necessary.

5.
Civilian religious personnel shall be respected and protected. The provisions of the Conventions and of this Protocol concerning the protection and identification of medical personnel shall apply equally to such persons.

Article 16
General protection of medical duties

1.
Under no circumstances shall any person be punished for carrying out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.

2.
Persons engaged in medical activities shall not be compelled to perform acts or to carry out work contrary to the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work required by those rules and provisions.

3.
No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the patients concerned or to their families. Regulations for the compulsory notification of communicable diseases shall, however, be respected.

Role of the civilian population and of aid societies

1.
The civilian population shall respect the wounded, sick and shipwrecked, even if they belong to the adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to collect and care for the wounded, sick and shipwrecked, even in invaded or occupied areas. No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts.

2.
The Parties to the conflict may appeal to the civilian population and the aid societies referred to in paragraph 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they shall grant both protection and the necessary facilities to those who respond to this appeal. If the adverse Party gains or regains control of the area, that Party also shall afford the same protection and facilities for as long as they are needed.

Article 18
Identification

1.
Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and transports are identifiable.

2.
Each Party to the conflict shall also endeavour to adopt and to implement methods and procedures which will make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals.

3.
In occupied territory and in areas where fighting is taking place or is likely to take place, civilian medical personnel and civilian religious personnel should be recognizable by the distinctive emblem and an identity card certifying their status.

4.
With the consent of the competent authority, medical units and transports shall be marked by the distinctive emblem. The ships and craft referred to in Article 22 of this Protocol shall be marked in accordance with the provisions of the Second Convention.

5.
In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of Annex I to this Protocol, authorize the use of distinctive signals to identify medical units and transports. Exceptionally, in the special cases covered in that Chapter, medical transports may use distinctive signals without displaying the distinctive emblem.

6.
The application of the provisions of paragraphs 1 to 5 of this article is governed by Chapters I to III of

Annex I to this Protocol. Signals designated in Chapter III of the Annex for the exclusive use of medical units and transports shall not, except as provided therein, be used for any purpose other than to identify the medical units and transports specified in that Chapter.
7.
This article does not authorize any wider use of the distinctive emblem in peacetime than is prescribed in Article 44 of the First Convention.

8.
The provisions of the Conventions and of this Protocol relating to supervision of the use of the distinctive emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals.

Article 19
Neutral and other States not Parties to the conflict
Neutral and other States not Parties to the conflict shall apply the relevant provisions of this Protocol to persons protected by this Part who may be received or interned within their territory, and to any dead of the Parties to that conflict whom they may find.
Article 20
Prohibition of reprisals
Reprisals against the persons and objects protected by this Part are prohibited.
Section II
Medical Transportation
Article 21
Medical vehicles
Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and this Protocol.
Article 22
Hospital ships and coastal rescue craft
1. The provisions of the Conventions relating to:
(a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention,
(b)
their lifeboats and small craft,

(d)
the wounded; sick and shipwrecked on board,

shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong to any of the categories mentioned in Article 13 of the Second Convention. Such civilians shall not, however, be subject to surrender to any Party which is not their own, or to capture at sea. If they find themselves in the power of a Party to the conflict other than their own they shall be covered by the Fourth Convention and by this Protocol.
2. The protection provided by the Conventions to vessels described in Article 25 of the Second Convention shall extend to hospital ships made available for humanitarian purposes to a Party to the conflict:
(a)
by a neutral or other State which is not a Party to that conflict; or

(b)
by an impartial international humanitarian organization,

provided that, in either case, the requirements set out in that Article are complied with.
3. Small craft described in Article 27 of the Second Convention shall be protected, even if the notification envisaged by that Article has not been made. The Parties to the conflict are, nevertheless, invited to inform each other of any details of such craft which will facilitate their identification and recognition.
Article 23
Other medical ships and craft
1.
Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of the Second Convention shall, whether at sea or in other waters, be respected and protected in the same way as mobile medical units under the Conventions and this Protocol. Since this protection can only be effective if they can be identified and recognized as medical ships or craft, such vessels should be marked with the distinctive emblem and as far as possible comply with the second paragraph of Article 43 of the Second Convention.

2.
The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any warship on the surface able immediately to enforce its command may order them to stop, order them off, or make them take a certain course, and they shall obey every such command. Such ships and craft may not in any other way be diverted from their medical mission so long as they are needed for the wounded, sick and shipwrecked on board.

3.
The protection provided in paragraph 1 shall cease only under the conditions set out in Articles 34 and 35 of the Second Convention. A clear refusal to obey a command given in accordance with paragraph 2 shall be an act harmful to the enemy under Article 34 of the Second Convention.

4.
A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of the name, description, expected time of sailing, course and estimated speed of the medical ship or craft, particularly in the case of ships of over 2,000 gross tons, and may provide any other information which would facilitate identification and recognition. The adverse Party shall acknowledge receipt of such information.

5.
The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such ships and craft.

6.
The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the categories referred to in Article 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft. Wounded, sick and shipwrecked civilians who do not belong to any or the categories mentioned in Article 13 of the Second Convention shall not be subject, at sea, either to surrender to any Party which is not their own, or to removal from such ships or craft; if they find themselves in the power of a Party to the conflict other than their own, they shall be covered by the Fourth Convention and by this Protocol.

Article 24
Protection of medical Aircraft

Medical aircraft shall be respected and protected, subject to the provisions of this Part.
Article 25

Medical aircraft in areas not controlled by an adverse Party
In and over land areas physically controlled by friendly forces, or in and over sea areas not physically controlled by an adverse Party, the respect and protection of medical aircraft of a Party to the conflict is not dependent on any agreement with an adverse Party. For greater safety, however, a Party to the conflict operating its medical aircraft in these areas may notify the adverse Party, as provided in Article 29, in particular when such aircraft are making flights bringing them within range of surface-to-air weapons systems of the adverse Party.
Article 26
Medical aircraft in contact or similar zones

1. In and over those parts of the contact zone which are physically controlled by friendly forces and in and over those areas the physical control of which is not clearly established, protection for medical aircraft can be fully effective only by prior agreement between the competent military authorities of the Parties to the conflict, as provided for in Article 29. Although, in the absence of such an agreement, medical aircraft operate at their own risk, they shall nevertheless be respected after they have been recognized as such.
2. “Contact zone” means any area on land where the forward elements of opposing forces are in contact with each other, especially where they are exposed to direct fire from the ground.
Article 27
Medical aircraft in areas controlled by an adverse
Party

1.
The medical aircraft of a Party to the conflict shall continue to be protected while flying over land or sea areas physically controlled by an adverse Party, provided that prior agreement to such flights has been obtained from the competent authority of that adverse Party.

2.
A medical aircraft which flies over an area physically controlled by an adverse Party without, or in deviation from the terms of, an agreement provided for in paragraph 1, either through navigational error or because of an emergency affecting the safety of the flight, shall make every effort to identify itself and to inform the adverse Party of the circumstances. As soon as such medical aircraft has been recognized by the adverse Party, that Party shall make all reasonable efforts to give the order to land or to alight on water, referred to in Article 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft.

Article 28
Restrictions on operations of medical aircraft

1.
The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire any military advantage over an adverse Party. The presence of medical aircraft shall not be used in an attempt to render military objectives immune from attack.

2.
Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry any equipment intended for such purposes. They are prohibited from carrying any persons or cargo not included within the definition in Article 8(6). The carrying on board of the personal effects of the occupants or of equipment intended solely to facilitate navigation, communication or identification shall not be considered as prohibited.

3.
Medical aircraft shall not carry any armament except small arms and ammunition taken from the

wounded, sick and shipwrecked on board and not yet handed to the proper service, and such light individual weapons as may be necessary to enable the medical personnel on board to defend themselves and the wounded, sick and shipwrecked in their charge.
4. While carrying out the flights referred to in Articles 26 and 27, medical aircraft shall not, except by prior agreement with the adverse Party, be used to search for the wounded, sick and shipwrecked.
Article 29
Notifications and agreements concerning medical aircraft
1.
Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28, paragraph 4, or 31 shall state the proposed number of medical aircraft, their flight plans and means of identification, and shall be understood to mean that every flight will be carried out in compliance with Article 28.

2.
A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such notification.

3.
A Party which receives a request for prior agreement under Articles 25, 27, 28, paragraph 4, or 31 shall, as rapidly as possible, notify the requesting Party:

(a)
that the request is agreed to;

(b)
that the request is denied; or

(c) of reasonable alternative proposals to the request. It may also propose prohibition or restriction of other flights in the area during the time involved. If the Party which submitted the request accepts the alternative proposals, it shall notify the other Party of such acceptance.
4.
The Parties shall take the necessary measures to ensure that notifications and agreements can be made rapidly.

5.
The Parties shall also take the necessary measures to disseminate rapidly the substance of any such notifications and agreements to the military units concerned and shall instruct those units regarding the means of identification that will be used by the medical aircraft in question.

Article 30
Landing and inspection of medical aircraft
1. Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the physical control of which is not clearly established, may be ordered to land or to alight on water, as appropriate, to permit inspection in accordance with the following paragraphs. Medical aircraft shall obey any such order.
2.
If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may be subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4. Any such inspection shall be commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and sick to be removed from the aircraft unless their removal is essential for the inspection. That Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or by the removal.

3.
If the inspection discloses that the aircraft:

(a)
is a medical aircraft within the meaning of Article 8 (10),

(b)
is not in violation of the conditions prescribed in Article 28, and

the aircraft and those of its occupants who belong to the adverse Party or to a neutral or other State not a Party to the conflict shall be authorized to continue the flight without delay.
4. If the inspection discloses that the aircraft:
(a)
is not a medical aircraft within the meaning of Article 8 (10),

(b)
is in violation or the conditions prescribed in Article 28, or

the aircraft may be seized. Its occupants shall be treated in conformity with the relevant provisions of the Conventions and of this Protocol. Any aircraft seized which had been assigned as a permanent medical aircraft may be used thereafter only as a medical aircraft.
Article 31
Neutral or other States not Parties to the conflict
1.
Except by prior agreement, medical aircraft shall not fly over or land in the territory of a neutral or other State not a Party to the conflict. However, with such an agreement, they shall be respected throughout their flight and also for the duration of any calls in the territory. Nevertheless they shall obey any summons to land or to alight on water, as appropriate.

2.
Should a medical aircraft, in the absence of an agreement or in deviation from the terms of an agreement, fly over the territory of a neutral or other State not a Party to the conflict, either through

navigational error or because of an emergency affecting the safety of the flight, it shall make every effort to give notice of the flight and to identify itself. As soon as such medical aircraft is recognized, that State shall make all reasonable efforts to give the order to land or to alight on water referred to in Article 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft.
3.
If a medical aircraft, either by agreement or in the circumstances mentioned in paragraph 2, lands or alights on water in the territory of a neutral or other State not Party to the conflict, whether ordered to do so or for other reasons, the aircraft shall be subject to inspection for the purposes of determining whether it is in fact a medical aircraft. The inspection shall be commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection. The inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or the removal. If the inspection discloses that the aircraft is in fact a medical aircraft, the aircraft with its occupants, other than those who must be detained in accordance with the rules of international law applicable in armed conflict, shall be allowed to resume its flight, and reasonable facilities shall be given for the continuation of the flight. If the inspection discloses that the aircraft is not a medical aircraft, it shall be seized and the occupants treated in accordance with paragraph 4.

4.
The wounded, sick and shipwrecked disembarked, otherwise than temporarily, from a medical aircraft with the consent of the local authorities in the territory of a neutral or other State not a Party to the conflict shall, unless agreed otherwise between that State and the Parties to the conflict, be detained by that State where so required by the rules of international law applicable in armed conflict, in such a manner that they cannot again take part. in the hostilities. The cost of hospital treatment and internment shall be borne by the State to which those persons belong.

5.
Neutral or other States not Parties to the conflict shall apply any conditions and restrictions on the passage of medical aircraft over, or on the landing of medical aircraft in, their territory equally to all Parties to the conflict.

Section III
Missing and Dead Persons
Article 32
General principle

In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted mainly by the right of families to know the fate of their relatives.
Article 33
Missing persons

1.
As soon as circumstances permit, and at the latest from the end of active hostilities, each Party to the conflict shall search for the persons who have been reported missing by an adverse Party. Such adverse Party shall transmit all relevant information concerning such persons in order to facilitate such searches.

2.
In order to facilitate the gathering of information pursuant to the preceding paragraph, each Party to the conflict shall, with respect to persons who would not receive more favourable consideration under the Conventions and this Protocol:

(a)
record the information specified in Article 138 of the Fourth Convention in respect of such persons who have been detained, imprisoned or otherwise held in captivity for more than two weeks as a result of hostilities or occupation, or who have died during any period of detention;

(b)
to the fullest extent possible, facilitate and, if need be, carry out the search for and the recording of information concerning such persons if they have died in other circumstances as a result of hostilities or occupation.

3.
Information concerning persons reported missing pursuant to paragraph 1 and requests for such information shall be transmitted either directly or through the Protecting Power or the Central Tracing Agency of the International Committee of the Red Cross or national Red Cross (Red Crescent, Red Lion and Sun) Societies. Where the information is not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the conflict shall ensure that such information is also supplied to the Central Tracing Agency.

4.
The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, identify and recover the dead from battlefield areas, including arrangements, if appropriate, for such teams to be

accompanied by personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party. Personnel of such teams shall be respected and protected while exclusively carrying out these duties.
Article 34
Remains of deceased
1.
The remains of persons who have died for reasons related to occupation or in detention resulting from occupation or hostilities and those or persons not nationals of the country in which they have died as a result of hostilities shall be respected, and the gravesites of all such persons shall be respected, maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration under the Conventions and this Protocol.

2.
As soon as circumstances and the relations between the adverse Parties permit, the High Contracting Parties in whose territories graves and, as the case may be, other locations of the remains of persons who have died as a result of hostilities or during occupation or in detention are situated, shall conclude agreements in order:

(a)
to facilitate access to the gravesites by relatives of the deceased and by representatives of official graves registration services and to regulate the practical arrangements for such access;

(b)
to protect and maintain such gravesites permanently;

(c)
to facilitate the return of the remains of the deceased and of personal effects to the home country upon its request or, unless that country objects, upon the request of the next of kin.

3.
In the absence of the agreements provided for in paragraph 2 (b) or (c) and if the home country or such deceased is not willing to arrange at its expense for the maintenance of such gravesites, the High Contracting Party in whose territory the gravesites are situated may offer to facilitate the return of the remains of the deceased to the home country. Where such an offer has not been accepted the High Contracting Party may, after the expiry of five years from the date of the offer and upon due notice to the home country, adopt the arrangements laid down in its own laws relating to cemeteries and graves.

4.
A High Contracting Party in whose territory the grave sites referred to in this Article are situated shall be permitted to exhume the remains only:

(a) in accordance with paragraphs 2 (c) and 3, or
(b) where exhumation is a matter or overriding public necessity, including cases of medical and investigative necessity, in which case the High Contracting Party shall at all times respect the remains, and shall give notice to the home country or its intention to exhume the remains together with details of the intended place of reinternment.
Part III.
Methods and Means of Warfare Combatant and Prisoner-Of-War Status
Section I
Methods and Means of Warfare
Article 35
Basic rules
1.
In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited.

2.
It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering.

3.
It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment.

Article 36
New weapons
In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.
Article 37
Prohibition of Perfidy
1. It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The following acts are examples of perfidy:
(a) the feigning of an intent to negotiate under a flag of truce or of a surrender;

(b)
the feigning of an incapacitation by wounds or sickness;

(d)
the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict.

2. Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with respect to protection under that law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation.
Article 38
Recognized emblems

1.
It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognized protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.

2.
It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization.

Article 39
Emblems of nationality

1.
It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict.

2.
It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while engaging in attacks or in order to shield, favour, protect or impede military operations.

3.
Nothing in this Article or in Article 37, paragraph 1 (d), shall affect the existing generally recognized rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea.

Article 40
Quarter

It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.
Article 41
Safeguard of an enemy hors de combat

1.
A person who is recognized or who, in the circumstances should be recognized to be hors de combat shall not be made the object of attack.

2.
A person is hors de combat if:

(a) he is in the power of an adverse Party;

(b)
he clearly expresses an intention to surrender; or

(c)
he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself;

provided that in any of these cases he abstains from any hostile act and does not attempt to escape.
3. When persons entitled to protection as prisoners of war have fallen into the power or an adverse Party under unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their safety.
Article 42
Occupants of aircraft

1.
No person parachuting from an aircraft in distress shall be made the object of attack during his descent.

2.
Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an aircraft in distress shall be given an opportunity to surrender before being made the object of attack, unless it is apparent that he is engaging in a hostile act.

3.
Airborne troops are not protected by this Article.

Section II
Combatants and Prisoner of War Status
Article 43
Armed forces

1. The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct or its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict.
2.
Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities.

3.
Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces it shall so notify the other Parties to the conflict.

Article 44
Combatants and prisoners of war
1.
Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of war.

2.
While all combatants are obliged to comply with the rules of international law applicable in armed conflict, violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power of an adverse Party, of his right to be a prisoner of war, except as provided in paragraphs 3 and

4.
3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly:
(a) during each military engagement, and
(b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate. Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37, paragraph 1 (c).
4.
A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes protections equivalent to those accorded to prisoners of war by the Third Convention in the case where such a person is tried and punished for any offences he has committed.

5.
Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a

military operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of his prior activities .
6.
This Article is without prejudice to the right of any person to be a prisoner of war pursuant to Article 4 of the Third Convention.

7.
This Article is not intended to change the generally accepted practice of States with respect to the wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to the conflict.

8.
In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at sea or in other waters.

Article 45
Protection of persons who have taken part. in hostilities
1.
A person who takes part. in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting Power. Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third Convention and this Protocol until such time as his status has been determined by a competent tribunal.

2.
If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and is to be tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to prisoner-of-war status before a judicial tribunal and to have that question adjudicated. Whenever possible under the applicable procedure, this adjudication shall occur before the trial for the offence. The representatives of the Protecting Power shall be entitled to attend the proceedings in which that question is adjudicated, unless, exceptionally, the proceedings are held in camera in the interest of State security. In such a case the detaining Power shall advise the Protecting Power accordingly.

3.
Any person who has taken part. in hostilities, who is not entitled to prisoner-of-war status and who does not benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to the protection of Article 75 of this Protocol. In occupied territory, any such person, unless

he is held as a spy, shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that Convention.
Article 46
Spies

1.
Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy.

2.
A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces.

3.
A member of the armed forces of a Party to the conflict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value within that territory shall not be considered as engaging in espionage unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage.

4.
A member of the armed forces of a Party to the conflict who is not a resident of territory occupied by an adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he belongs.

Article 47
Mercenaries

1.
A mercenary shall not have the right to be a combatant or a prisoner of war.

2.
A mercenary is any person who:

(a)
is specially recruited locally or abroad in order to fight in an armed conflict;

(b)
does, in fact, take a direct part. in the hostilities;

(c)
is motivated to take part. in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party;

(d)
is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict;

(e)
is not a member of the armed forces of a Party to the conflict; and

(f)
has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces.

Part IV
Civilian Population
Section I
General Protection Against Effects of
Hostilities

Chapter I
Basic rule and field of application
Article 48
Basic rule

In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.
Article 49
Definition of attacks and scope of application

1.
“Attacks” means acts of violence against the adversary, whether in offence or in defence.

2.
The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conflict but under the control of an adverse Party.

3.
The provisions of this section apply to any land, air or sea warfare which may affect the civilian population, individual civilians or civilian objects on land. They further apply to all attacks from the sea or from the air against objectives on land but do not otherwise affect the rules of international law applicable in armed conflict at sea or in the air.

4. The provisions of this section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in part. II thereof, and in other international agreements binding upon the High Contracting Parties, as well as to other rules of international law relating to the protection of civilians and civilian objects on land, at sea or in the air against the effects of hostilities.
Chapter II
Civilians and civilian population
Article 50
Definition of civilians and civilian population
1. A civilian is any person who does not belong to one of the categories of persons referred to in Article 4
(A) (1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian.
2.
The civilian population comprises all persons who are civilians.

3.
The presence within the civilian population of individuals who do not come within the definition of civilians does not deprive the population of its civilian character.

Article 51
Protection of the civilian population
1.
The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances.

2.
The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.

3.
Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part. in hostilities.

4.
Indiscriminate attacks are prohibited. Indiscriminate attacks are:

(a)
those which are not directed at a specific military objective;

(b)
those which employ a method or means of combat which cannot be directed at a specific military objective; or

(c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol;
and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction.
5. Among others, the following types of attacks are to be considered as indiscriminate:
(a)
an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and

(b)
an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated.

6.
Attacks against the civilian population or civilians by way of reprisals are prohibited.

7.
The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.

8.
Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57.

Chapter III
Civilian objects
Article 52
General Protection of civilian objects
1.
Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2.

2.
Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the

circumstances ruling at the time, offers a definite military advantage.
3. In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used.
Article 53

Protection of cultural objects and of places of worship
Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited:
(a)
to commit any acts of hostility directed against the historic monuments, works of art. or places of worship which constitute the cultural or spiritual heritage of peoples;

(b)
to use such objects in support of the military effort;

Protection of objects indispensable to the survival of the civilian population
1.
Starvation of civilians as a method of warfare is prohibited.

2.
It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as food-stuffs, agricultural areas for the production of food-stuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.

3.
The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by an adverse Party:

(a)
as sustenance solely for the members of its armed forces; or

(b)
if not as sustenance, then in direct support of military action, provided, however, that in no event shall actions against these objects be taken which may be expected to leave the civilian population with such inadequate food or water as to cause its starvation or force its movement.

4. These objects shall not be made the object of reprisals.
5. In recognition of the vital requirements of any Party to the conflict in the defence of its national territory against invasion, derogation from the prohibitions contained in paragraph 2 may be made by a Party to the conflict within such territory under its own control where required by imperative military necessity.
Article 55
Protection of the natural environment

1.
Care shall be taken in warfare to protect the natural environment against widespread, long-term and severe damage. This protection includes a prohibition of the use of methods or means of warfare which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population.

2.
Attacks against the natural environment by way of reprisals are prohibited.

Article 56
Protection of works and installations containing dangerous forces

1.
Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Other military objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population.

2.
The special protection against attack provided by paragraph 1 shall cease:

(a)
for a dam or a dyke only if it is used for other than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;

(b)
for a nuclear electrical generating station only if it provides electric power in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support;

(c)
for other military objectives located at or in the vicinity of these works or installations only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support.

3. In all cases, the civilian population and individual civilians shall remain entitled to all the protection accorded them by international law, including the protection of the precautionary measures provided for in Article 57. If the protection ceases and any of the works, installations or military objectives mentioned in paragraph 1 is attacked, all practical precautions shall be taken to avoid the release of the dangerous forces.
4.
It is prohibited to make any of the works, installations or military objectives mentioned in paragraph 1 the object of reprisals.

5.
The Parties to the conflict shall endeavour to avoid locating any military objectives in the vicinity of the works or installations mentioned in paragraph 1. Nevertheless, installations erected for the sole purpose of defending the protected works or installations from attack are permissible and shall not themselves be made the object of attack, provided that they are not used in hostilities except for defensive actions necessary to respond to attacks against the protected works or installations and that their armament is limited to weapons capable only of repelling hostile action against the protected works or installations.

6.
The High Contracting Parties and the Parties to the conflict are urged to conclude further agreements among themselves to provide additional protection for objects containing dangerous forces.

7.
In order to facilitate the identification of the objects protected by this article, the Parties to the conflict may mark them with a special sign consisting of a group of three bright orange circles placed on the same axis, as specified in Article 16 of Annex I to this Protocol. The absence of such marking in no way relieves any Party to the conflict of its obligations under this Article.

Chapter IV
Precautionary measures
Article 57
Precautions in attack
1.
In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects.

2.
With respect to attacks, the following precautions shall be taken:

(a) those who plan or decide upon an attack shall:
(i) do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them;
(ii) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss or civilian life, injury to civilians and damage to civilian objects;
(iii) refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated;
(b)
an attack shall be canceled or suspended if it becomes apparent that the objective is not a military one or is subject to special protection or that the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated;

(c)
effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not permit.

3.
When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that the attack on which may be expected to cause the least danger to civilian lives and to civilian objects.

4.
In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conformity with its rights and duties under the rules of international law applicable in armed conflict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects.

5.
No provision of this article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects.

Article 58
Precautions against the effects of attacks
The Parties to the conflict shall, to the maximum extent feasible:
(a)
without prejudice to Article 49 of the Fourth Convention, endeavour to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives;

(b)
avoid locating military objectives within or near densely populated areas;

(c)
take the other necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations.

Chapter V other Party, which shall be displayed where they are clearly visible, especially on its perimeter and limits and on highways.
Localities and Zones Under Special Protection
Article 59
Non-defended localities

1.
It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities.

2.
The appropriate authorities of a Party to the conflict may declare as a non-defended locality any inhabited place near or in a zone where armed forces are in contact which is open for occupation by an adverse Party. Such a locality shall fulfil the following conditions:

(a)
all combatants, as well as mobile weapons and mobile military equipment must have been evacuated;

(b)
no hostile use shall be made of fixed military installations or establishments;

(d)
no activities in support of military operations shall be undertaken.

3.
The presence, in this locality, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 2.

4.
The declaration made under paragraph 2 shall be addressed to the adverse Party and shall define and describe, as precisely as possible, the limits of the non-defended locality. The Party to the conflict to which the declaration is addressed shall acknowledge its receipt and shall treat the locality as a non-defended locality unless the conditions laid down in paragraph 2 are not in fact fulfilled, in which event it shall immediately so inform the Party making the declaration. Even if the conditions laid down in paragraph 2 are not fulfilled, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.

5.
The Parties to the conflict may agree on the establishment of non-defended localities even if such localities do not fulfil the conditions laid down in paragraph 2. The agreement should define and describe, as precisely as possible, the limits of the non-defended locality; if necessary, it may lay down the methods of supervision.

6.
The Party which is in control of a locality governed by such an agreement shall mark it, so far as possible, by such signs as may be agreed upon with the

7. A locality loses its status as a non-defended locality when its ceases to fulfil the conditions laid down in paragraph 2 or in the agreement referred to in paragraph 5. In such an eventuality, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.
Article 60
Demilitarized zones

1.
It is prohibited for the Parties to the conflict to extend their military operations to zones on which they have conferred by agreement the status of demilitarized zone, if such extension is contrary to the terms of this agreement.

2.
The agreement shall be an express agreement, may be concluded verbally or in writing, either directly or through a Protecting Power or any impartial humanitarian organization, and may consist of reciprocal and concordant declarations. The agreement may be concluded in peacetime, as well as after the outbreak of hostilities, and should define and describe, as precisely as possible, the limits of the demilitarized zone and, if necessary, lay down the methods of supervision.

3.
The subject of such an agreement shall normally be any zone which fulfils the following conditions:

(a)
all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated;

(b)
no hostile use shall be made of fixed military installations or establishments;

(d)
any activity linked to the military effort must have ceased.

The Parties to the conflict shall agree upon the interpretation to be given to the condition laid down in subparagraph (d) and upon persons to be admitted to the demilitarized zone other than those mentioned in paragraph 4.
4.
The presence, in this zone, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 3.

5.
The Party which is in control of such a zone shall mark it, so far as possible, by such signs as may be agreed upon with the other Party, which shall be

displayed where they are clearly visible, especially on its perimeter and limits and on highways.
6.
If the fighting draws near to a demilitarized zone, and if the Parties to the conflict have so agreed, none of them may use the zone for purposes related to the conduct of military operations or unilaterally revoke its status.

7.
If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the other Party shall be released from its obligations under the agreement conferring upon the zone the status of demilitarized zone. In such an eventuality, the zone loses its status but shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict.

Chapter VI
Civil defence
Article 61
Definitions and scope
For the purpose of this Protocol:
(1)
“Civil defence” means the performance of some or all of the undermentioned humanitarian tasks intended to protect the civilian population against the dangers, and to help it to recover from the immediate effects, of hostilities or disasters and also to provide the conditions necessary for its survival. These tasks are:

(a)
warning;

(b)
evacuation;

(d)
management of blackout measures;

(e)
rescue;

(f)
medical services, including first aid, and religious assistance;

(g)
fire-fighting;

(h)
detection and marking of danger areas;

(i)
decontamination and similar protective measures;

(j)
provision of emergency accommodation and supplies;

(k)
emergency assistance in the restoration and maintenance of order in distressed areas;

(l)
emergency repair of indispensable public utilities;

(m) emergency disposal of the dead;
(n)
assistance in the preservation of objects essential for survival;

(o)
complementary activities necessary to carry out any of the tasks mentioned above, including, but not limited to, planning and organization;

(2)
“Civil defence organizations” means those establishments and other units which are organized or authorized by the competent authorities of a Party to the conflict to perform any of the tasks mentioned under (1), and which are assigned and devoted exclusively to such tasks;

(3)
“Personnel” of civil defence organizations means those persons assigned by a Party to the conflict exclusively to the performance of the tasks mentioned under (1), including personnel assigned by the competent authority of that Party exclusively to the administration of these organizations;

(4)
“Matériel” of civil defence organizations means equipment, supplies and transports used by these organizations for the performance of the tasks mentioned under (1).

Article 62
General protection
1.
Civilian civil defence organizations and their personnel shall be respected and protected, subject to the provisions of this Protocol, particularly the provisions of this section. They shall be entitled to perform their civil defence tasks except in case of imperative military necessity.

2.
The provisions of paragraph 1 shall also apply to civilians who, although not members of civilian civil defence organizations, respond to an appeal from the competent authorities and perform civil defence tasks under their control.

3.
Buildings and matériel used for civil defence purposes and shelters provided for the civilian population are covered by Article 52. Objects used for civil defence purposes may not be destroyed or diverted from their proper use except by the Party to which they belong.

Article 63
Civil defence in occupied territories
1. In occupied territories, civilian civil defence organizations shall receive from the authorities the facilities necessary for the performance of their tasks. In no Circumstances shall their personnel be compelled to perform activities which would interfere with the proper performance of these tasks. The Occupying Power shall not change the structure or personnel of such organizations in any way which might jeopardize the efficient performance of their mission. These organizations shall not be required to give priority to the nationals or interests of that Power.

2.
The Occupying Power shall not compel, coerce or induce civilian civil defence organizations to perform their tasks in any manner prejudicial to the interests of the civilian population.

3.
The Occupying Power may disarm civil defence personnel for reasons of security.

4.
The Occupying Power shall neither divert from their proper use nor requisition buildings or matériel belonging to or used by civil defence organizations if such diversion or requisition would be harmful to the civilian population.

5.
Provided that the general rule in paragraph 4 continues to be observed, the Occupying Power may requisition or divert these resources, subject to the following particular conditions:

(a)
that the buildings or matériel are necessary for other needs of the civilian population; and

(b)
that the requisition or diversion continues only while such necessity exists.

6. The Occupying Power shall neither divert nor requisition shelters provided for the use of the civilian population or needed by such population.
Article 64

Civilian civil defence organizations of neutral or other States not Parties to the conflict and international co-ordinating organizations
1.
Articles 62, 63, 65 and 66 shall also apply to the personnel and matériel of civilian civil defence organizations of neutral or other States not Parties to the conflict which perform civil defence tasks mentioned in Article 61 in the territory of a Party to the conflict, with the consent and under the control of that Party. Notification of such assistance shall be given as soon as possible to any adverse Party concerned. In no circumstances shall this activity be deemed to be an interference in the conflict. This activity should, however, be performed with due regard to the security interests of the Parties to the conflict concerned.

2.
The Parties to the conflict receiving the assistance referred to in paragraph 1 and the High Contracting Parties granting it should facilitate international coordination of such civil defence actions when appropriate. In such cases the relevant international organizations are covered by the provisions of this Chapter.

3.
In occupied territories, the Occupying Power may only exclude or restrict the activities of civilian civil defence organizations of neutral or other States not

Parties to the conflict and of international co-ordinating organizations if it can ensure the adequate performance of civil defence tasks from its own resources or those of the occupied territory.
Article 65
Cessation of protection

1.
The protection to which civilian civil defence organizations, their personnel, buildings, shelters and matériel are entitled shall not cease unless they commit or are used to commit, outside their proper tasks, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.

2.
The following shall not be considered as acts harmful to the enemy:

(a)
that civil defence tasks are carried out under the direction or control of military authorities;

(b)
that civilian civil defence personnel cooperate with military personnel in the performance of civil defence tasks, or that some military personnel are attached to civilian civil defence organizations;

(c)
that the performance of civil defence tasks may incidentally benefit military victims, particularly those who are hors de combat.

3.
It shall also not be considered as an act harmful to the enemy that civilian civil defence personnel bear light individual weapons for the purpose of maintaining order or for self-defence. However, in areas where land fighting is taking place or is likely to take place, the Parties to the conflict shall undertake the appropriate measures to limit these weapons to handguns, such as pistols or revolvers, in order to assist in distinguishing between civil defence personnel and combatants. Although civil defence personnel bear other light individual weapons in such areas, they shall nevertheless be respected and protected as soon as they have been recognized as such.

4.
The formation of civilian civil defence organizations along military lines, and compulsory service in them, shall also not deprive them of the protection conferred by this Chapter.

Article 66
Identification

1. Each Party to the conflict shall endeavour to ensure that its civil defence organizations, their personnel, buildings and matériel are identifiable while they are exclusively devoted to the performance of civil defence tasks. Shelters provided for the civilian population should be similarly identifiable.
2.
Each Party to the conflict shall also endeavour to adopt and implement methods and procedures which will make it possible to recognize civilian shelters as well as civil defence personnel, buildings and matériel on which the international distinctive sign of civil defence is displayed.

3.
In occupied territories and in areas where fighting is taking place or is likely to take place, civilian civil defence personnel should be recognizable by the international distinctive sign of civil defence and by an identity card certifying their status.

4.
The international distinctive sign of civil defence is an equilateral blue triangle on an orange ground when used for the protection of civil defence organizations, their personnel, buildings and matériel and for civilian shelters.

5.
In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive signals for civil defence identification purposes.

6.
The application of the provisions of paragraphs 1 to 4 is governed by Chapter V of Annex I to this Protocol.

7.
In time of peace, the sign described in paragraph 4 may, with the consent of the competent national authorities, be used for civil defence identification purposes.

8.
The High Contracting Parties and the Parties to the conflict shall take the measures necessary to supervise the display of the international distinctive sign of civil defence and to prevent and repress any misuse thereof.

9.
The identification of civil defence medical and religious personnel, medical units and medical transports is also governed by Article 18.

Article 67
Members of the armed forces and military units assigned to civil defence organizations
1. Members of the armed forces and military units assigned to civil defence organizations shall be respected and protected, provided that:
(d)
such personnel and such units are equipped only with light individual weapons for the purpose of maintaining order or for self-defence. The provisions of Article 65, paragraph 3 shall also apply in this case;

(e)
such personnel do not participate directly in hostilities, and do not commit, or are not used to commit, outside their civil defence tasks, acts harmful to the adverse Party

(f)
such personnel and such units perform their civil defence tasks only within the national territory of their Party.

The non-observance of the conditions stated in (e) above by any member of the armed forces who is bound by the conditions prescribed in (a) and (b) above is prohibited.
2.
Military personnel serving within civil defence organizations shall, if they fall into the power of an adverse Party, be prisoners of war. In occupied territory they may, but only in the interest of the civilian population of that territory, be employed on civil defence tasks in so far as the need arises, provided however that, if such work is dangerous, they volunteer for such tasks.

3.
The buildings and major items of equipment and transports of military units assigned to civil defence organizations shall be clearly marked with the international distinctive sign of civil defence. This distinctive sign shall be as large as appropriate.

4.
The matériel and buildings of military units permanently assigned to civil defence organizations and exclusively devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain subject to the laws of war. They may not be diverted from their civil defence purpose so long as they are required for the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements have been made for adequate provision for the needs of the civilian population.

Section II
(a)
such personnel and such units are permanently assigned and exclusively devoted to the performance of any of the tasks mentioned in Article 61;

(b)
if so assigned, such personnel do not perform any other military duties during the conflict;

(c)
such personnel are clearly distinguishable from the other members of the armed forces by prominently displaying the international distinctive sign of civil defence, which shall be as large as appropriate, and such personnel are provided with the identity card referred to in Chapter V of Annex I to this Protocol certifying their status;

Relief in Favour of the Civilian Population
Article 68
Field of application
The provisions of this Section apply to the civilian population as defined in this Protocol and are supplementary to Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention.

Article 69
Basic needs in occupied territories

1.
In addition to the duties specified in Article 55 of the Fourth Convention concerning food and medical supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory and objects necessary for religious worship.

2.
Relief actions for the benefit of the civilian population of occupied territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be implemented without delay.

Article 70
Relief actions

1.
If the civilian population of any territory under the control of a Party to the conflict, other than occupied territory, is not adequately provided with the supplies mentioned in Article 69, relief actions which are humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as interference in the armed conflict or as unfriendly acts. In the distribution of relief consignments, priority shall be given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth Convention or under this Protocol, are to be accorded privileged treatment or special protection.

2.
The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such assistance is destined for the civilian population of the adverse Party.

3.
The Parties to the conflict and each High Contracting Party which allows the passage of relief consignments, equipment and personnel in accordance with paragraph 2:

(a)
shall have the right to prescribe the technical arrangements, including search, under which such passage is permitted;

(b)
may make such permission conditional on the distribution of this assistance being made under the local supervision of a Protecting Power;

intended nor delay their forwarding, except in cases of urgent necessity in the interest of the civilian population concerned.
4.
The Parties to the conflict shall protect relief consignments and facilitate their rapid distribution.

5.
The Parties to the conflict and each High Contracting Party concerned shall encourage and facilitate effective international co-ordination of the relief actions referred to in paragraph 1.

Article 71
Personnel participating in relief actions

1.
Where necessary, relief personnel may form part. of the assistance provided in any relief action, in particular for the transportation and distribution of relief consignments; the participation of such personnel shall be subject to the approval of the Party in whose territory they will carry out their duties.

2.
Such personnel shall be respected and protected.

3.
Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist the relief personnel referred to in paragraph 1 in carrying out their relief mission. Only in case of imperative military necessity may the activities of the relief personnel be limited or their movements temporarily restricted.

4.
Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular they shall take account of the security requirements of the Party in whose territory they are carrying out their duties. The mission of any of the personnel who do not respect these conditions may be terminated.

Section III
Treatment of Persons in the Power of a
Party to the Conflict

Chapter I
Field of application and protection of persons and objects
Article 72
Field of application

The provisions of this Section are additional to the rules concerning humanitarian protection of civilians and civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human rights during international armed conflict.
Article 73
Refugees and stateless persons
Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all circumstances and without any adverse distinction.
Article 74
Reunion of dispersed families
The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in conformity with their respective security regulations.
Article 75
Fundamental guarantees
1.
In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the power of a Party to the conflict and who do not benefit from more favourable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as a minimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria. Each Party shall respect the person, honour, convictions and religious practices of all such persons.

2.
The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents:

(a)
violence to the life, health, or physical or mental well-being of persons, in particular:

(i) murder;

(ii)
torture of all kinds, whether physical or mental;

(iii) corporal punishment; and (iv) mutilation;
(b) outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form or indecent assault;
(c)
the taking of hostages;

(d)
collective punishments; and

(e)
threats to commit any of the foregoing acts.

3.
Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly, in a language he understands, of the reasons why these measures have been taken. Except in cases of arrest or detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon as the circumstances justifying the arrest, detention or internment have ceased to exist.

4.
No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to the armed conflict except pursuant to a conviction pronounced by an impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure, which include the following:

(a)
the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence;

(b)
no one shall be convicted of an offence except on the basis of individual penal responsibility;

(c)
no one shall be accused or convicted of a criminal offence on account or any act or omission which did not constitute a criminal offence under the national or international law to which he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby;

(d)
anyone charged with an offence is presumed innocent until proved guilty according to law;

(e)
anyone charged with an offence shall have the right to be tried in his presence;

(f)
no one shall be compelled to testify against himself or to confess guilt;

(g)
anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(h)
no one shall be prosecuted or punished by the same Party for an offence in respect of which a final judgment acquitting or convicting that person has been previously pronounced under the same law and judicial procedure;

(i)
anyone prosecuted for an offence shall have the right to have the judgment pronounced publicly; and

(j)
a convicted person shall be advised on conviction or his judicial and other remedies and of the time-limits within which they may be exercised.

5.
Women whose liberty has been restricted for reasons related to the armed conflict shall be held in quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as family units.

6.
Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the protection provided by this Article until their final release, repatriation or re-establishment, even after the end of the armed conflict.

7.
In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes against humanity, the following principles shall apply:

(a)
persons who are accused or such crimes should be submitted for the purpose of prosecution and trial in accordance with the applicable rules of international law; and

(b)
any such persons who do not benefit from more favourable treatment under the Conventions or this Protocol shall be accorded the treatment provided by this Article, whether or not the crimes of which they are accused constitute grave breaches of the Conventions or of this Protocol.

8. No provision of this Article may be construed as limiting or infringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1.
Chapter II

Measures in favour of women and children
Article 76
Protection of women

1. Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault.
2.
Pregnant women and mothers having dependent infants who are arrested, detained or interned for reasons related to the armed conflict, shall have their cases considered with the utmost priority.

3.
To the maximum extent feasible, the Parties to the conflict shall endeavour to avoid the pronouncement of the death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conflict. The death penalty for such offences shall not be executed on such women.

Article 77
Protection of children

1.
Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any other reason.

2.
The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part. in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years the Parties to the conflict shall endeavour to give priority to those who are oldest.

3.
If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of fifteen years take a direct part. in hostilities and fall into the power of an adverse Party, they shall continue to benefit from the special protection accorded by this Article, whether or not they are prisoners of war.

4.
If arrested, detained or interned for reasons related to the armed conflict, children shall be held in quarters separate from the quarters of adults, except where families are accommodated as family units as provided in Article 75, paragraph 5.

5 . The death penalty for an offence related to the armed conflict shall not be executed on persons who had not attained the age of eighteen years at the time the offence was committed.
Article 78
Evacuation of children

1. No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found, their written consent to such evacuation is required. If these persons cannot be found, the written consent to such evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any such evacuation shall be supervised by the Protecting Power in agreement with the Parties concerned, namely, the Party arranging for the evacuation, the Party receiving the children and any Parties whose nationals are being evacuated. In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the evacuation.
2.
Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral education as his parents desire, shall be provided while he is away with the greatest possible continuity.

3.
With a view to facilitating the return to their families and country of children evacuated pursuant to this Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the receiving country shall establish for each child a card with photographs, which they shall send to the Central Tracing Agency of the International Committee of the Red Cross. Each card shall bear, whenever possible, and whenever it involves no risk of harm to the child, the following information:

(a)
surname(s) of the child;

(b)
the child’s first name(s);

(d)
the place and date of birth (or, if that date is not known, the approximate age);

(e)
the father’s full name;

(f)
the mother’s full name and her maiden name;

(g)
the child’s next-of-kin;

(h)
the child’s nationality;

(i)
the child’s native language, and any other languages he speaks;

(j)
the address of the child’s family;

(k)
any identification number for the child;

(l)
the child’s state of health;

(m)
the child’s blood group;

(n)
any distinguishing features;

(o)
the date on which and the place where the child was found;

(p)
the date on which and the place from which the child left the country;

(q) the child’s religion, if any;

(r)
the child’s present address in the receiving country;

(s) should the child die before his return, the date, place and circumstances of death and place of interment.
Chapter III
Journalists
Article 79
Measures or protection for journalists
1. Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph
1.

2.
They shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in Article 4 (A) (4) of the Third Convention.

3.
They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be issued by the government of the State of which the Journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journalist.

Part V
Execution of the Conventions and of its Protocols
Section I
General Provisions
Article 80
Measures for execution
1.
The High Contracting Parties and the Parties to the conflict shall without delay take all necessary measures for the execution of their obligations under the Conventions and this Protocol.

2.
The High Contracting Parties and the Parties to the conflict shall give orders and instructions to ensure observance of the Conventions and this Protocol, and shall supervise their execution.

Article 81 Article 83
Activities of the Red Cross and other humanitarian organizations
1.
The Parties to the conflict shall grant to the International Committee of the Red Cross all facilities, within their power so as to enable it to carry out the humanitarian functions assigned to it by the Conventions and this Protocol in order to ensure protection and assistance to the victims of conflicts; the International Committee of the Red Cross may also carry out any other humanitarian activities in favour of these victims, subject to the consent of the Parties to the conflict concerned.

2.
The Parties to the conflict shall grant to their respective Red Cross (Red Crescent, Red Lion and Sun) organizations the facilities necessary for carrying out their humanitarian activities in favour of the victims of the conflict, in accordance with the provisions of the Conventions and this Protocol and the fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross.

3.
The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the assistance which Red Cross (Red Crescent, Red Lion and Sun) organizations and the League of Red Cross Societies extend to the victims of conflicts in accordance with the provisions of the Conventions and this Protocol and with the fundamental principles of the red Cross as formulated by the International Conferences of the Red Cross.

4.
The High Contracting Parties and the Parties to the conflict shall, as far as possible, make facilities similar to those mentioned in paragraphs 2 and 3 available to the other humanitarian organizations referred to in the Conventions and this Protocol which are duly authorized by the respective Parties to the conflict and which perform their humanitarian activities in accordance with the provisions of the Conventions and this Protocol.

Article 82
Legal advisers in armed forces

The High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that legal advisers are available, when necessary, to advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate instruction to be given to the armed forces on this subject.
Dissemination

1.
The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the Conventions and this Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction and to encourage the study thereof by the civilian population, so that those instruments may become known to the armed forces and to the civilian population.

2.
Any military or civilian authorities who, in time of armed conflict, assume responsibilities in respect of the application of the Conventions and this Protocol shall be fully acquainted with the text thereof.

Article 84
Rules of application

The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as appropriate, through the Protecting Powers, their official translations of this Protocol, as well as the laws and regulations which they may adopt to ensure its application.
Section II
Repression of Breaches of the Conventions and of this Protocol
Article 85
Repression of breaches of this Protocol

1.
The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by this Section, shall apply to the repression of breaches and grave breaches of this Protocol.

2.
Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against persons in the power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol, or against the wounded, sick and shipwrecked of the adverse Party who are protected by this Protocol, or against those medical or religious personnel, medical units or medical transports which are under the control of the adverse Party and are protected by this Protocol.

3.
In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches of this Protocol, when committed wilfully, in

violation of the relevant provisions of this Protocol, and causing death or serious injury to body or health:
(a)
making the civilian population or individual civilians the object of attack;

(b)
launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2 (a)(iii);

(c)
launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2 (a)(iii);

(d)
making non-defended localities and demilitarized zones the object of attack;

(e)
making a person the object of attack in the knowledge that he is hors de combat;

(f)
the perfidious use, in violation of Article 37, of the distinctive emblem of the red cross, red crescent or red lion and sun or of other protective signs recognized by the Conventions or this Protocol.

4. In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol:
(a)
the transfer by the occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory, in violation of Article 49 of the Fourth Convention;

(b)
unjustifiable delay in the repatriation of prisoners of war or civilians;

(c)
practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination;

(d)
making the clearly-recognized historic monuments, works of Article or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example, within the framework of a competent international organization, the object of attack, causing as a result extensive destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53, subparagraph (b), and when such historic monuments, works of art. and places of worship are not located in the immediate proximity of military objectives;

(e) depriving a person protected by the Conventions or referred to in paragraph 2 of this Article of the rights of fair and regular trial.
5. Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes.
Article 86
Failure to act
1.
The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act when under a duty to do so.

2.
The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent or repress the breach.

Article 87
Duty of commanders
1.
The High Contracting Parties and the Parties to the conflict shall require military commanders, with respect to members of the armed forces under their command and other persons under their control, to prevent and, where necessary, to suppress and to report to competent authorities breaches of the Conventions and of this Protocol.

2.
In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict shall require that, commensurate with their level of responsibility, commanders ensure that members of the armed forces under their command are aware of their obligations under the Conventions and this Protocol.

3.
The High Contracting Parties and Parties to the conflict shall require any commander who is aware that subordinates or other persons under his control are going to commit or have committed a breach of the Conventions or of this Protocol, to initiate such steps as are necessary to prevent such violations of the Conventions or this Protocol, and, where appropriate, to initiate disciplinary or penal action against violators thereof.

Article 88
Mutual assistance in criminal matters

1.
The High Contracting Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of grave breaches of the Conventions or of this Protocol.

2.
Subject to the rights and obligations established in the Conventions and in Article 85, paragraph 1 of this Protocol, and when circumstances permit, the High Contracting Parties shall co-operate in the matter of extradition. They shall give due consideration to the request of the State in whose territory the alleged offence has occurred.

3.
The law of the High Contracting Party requested shall apply in all cases. The provisions of the preceding paragraphs shall not, however, affect the obligations arising from the provisions of any other treaty of a bilateral or multilateral nature which governs or will govern the whole or part. of the subject of mutual assistance in criminal matters.

Article 89
Co-operation

In situations of serious violations or the Conventions or of this Protocol, the High Contracting Parties undertake to act jointly or individually, in co-operation with the United Nations and in conformity with the United Nations Charter.
Article 90
International Fact-Finding Commission

1. (a) An International Fact-Finding Commission (hereinafter referred to as “the Commission”) consisting of 15 members of high moral standing and acknowledged impartiality shall be established;
(b)
When not less than 20 High Contracting Parties have agreed to accept the competence of the Commission pursuant to paragraph 2, the depositary shall then, and at intervals of five years thereafter, convene a meeting of representatives of those High Contracting Parties for the purpose of electing the members of the Commission. At the meeting, the representatives shall elect the members of the Commission by secret ballot from a list of persons to which each of those High Contracting Parties may nominate one person;

(c)
The members of the Commission shall serve in their personal capacity and shall hold office until the election of new members at the ensuing meeting;

(d)
At the election, the High Contracting Parties shall ensure that the persons to be elected to the

Commission individually possess the qualifications required and that, in the Commission as a whole, equitable geographical representation is assured;
(e)
In the case of a casual vacancy, the Commission itself shall fill the vacancy, having due regard to the provisions of the preceding subparagraphs;

(f)
The depositary shall make available to the Commission the necessary administrative facilities for the performance of its functions.

2. (a) The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the Commission to inquire into allegations by such other Party, as authorized by this Article;
(b)
The declarations referred to above shall be deposited with the depositary, which shall transmit copies thereof to the High Contracting Parties;

(i)
inquire into any facts alleged to be a grave breach as defined in the Conventions and this Protocol or other serious violation of the Conventions or of this Protocol;

(ii)
facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and this Protocol;

(d)
In other situations, the Commission shall institute an inquiry at the request of a Party to the conflict only with the consent of the other Party or Parties concerned;

(e)
Subject to the foregoing provisions or this paragraph, the provisions of Article 52 of the First Convention, Article 53 of the Second Convention, Article 132 or the Third Convention and Article 149 of the Fourth Convention shall continue to apply to any alleged violation of the Conventions and shall extend to any alleged violation of this Protocol.

3. (a) Unless otherwise agreed by the Parties concerned, all inquiries shall be undertaken by a Chamber consisting of seven members appointed as follows:
(i)
five members of the Commission, not nationals of any Party to the conflict, appointed by the President of the Commission on the basis of equitable representation of the geographical areas, after consultation with the Parties to the conflict;

(ii)
two ad hoc members, not nationals of any Party to the conflict, one to be appointed by each side;

(b) Upon receipt of the request for an inquiry, the President of the Commission shall specify an appropriate time-limit for setting up a Chamber. If any ad hoc member has not been appointed within the time-limit, the President shall immediately appoint such additional member or members of the Commission as may be necessary to complete the membership of the Chamber.
4. (a) The Chamber set up under paragraph 3 to undertake an inquiry shall invite the Parties to the conflict to assist it and to present evidence. The Chamber may also seek such other evidence as it deems appropriate and may carry out an investigation of the situation in loco;
(b)
All evidence shall be fully disclosed to the Parties, which shall have the right to comment on it to the Commission;

5. (a) The Commission shall submit to the Parties a report on the findings of fact of the Chamber, with such recommendations as it may deem appropriate;
(b)
If the Chamber is unable to secure sufficient evidence for factual and impartial findings, the Commission shall state the reasons for that inability;

(c)
The Commission shall not report its findings publicly, unless all the Parties to the conflict have requested the Commission to do so.

6.
The Commission shall establish its own rules, including rules for the presidency or the Commission and the presidency of the Chamber. Those rules shall ensure that the functions of the President of the Commission are exercised at all times and that, in the case of an inquiry, they are exercised by a person who is not a national of a Party to the conflict.

7.
The administrative expenses of the Commission shall be met by contributions from the High Contracting Parties which made declarations under paragraph 2, and by voluntary contributions. The Party or Parties to the conflict requesting an inquiry shall advance the necessary funds for expenses incurred by a Chamber and shall be reimbursed by the Party or Parties against which the allegations are made to the extent of 50 per cent of the costs of the Chamber. Where there are counter-allegations before the Chamber each side shall advance 50 per cent of the necessary funds.

Article 91
Responsibility
A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part. of its armed forces.
Part VI
Final Resolutions
Article 92
Signature
This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period or twelve months.
Article 93
Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions.
Article 94
Accession
This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of accession shall be deposited with the depositary.
Article 95
Entry into force
1.
This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.

2.
For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession.

Article 96
Treaty relations upon entry into force or this Protocol
1.
When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.

2.
When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to each of the Parties which are not bound by it, if the latter accepts and applies the provisions thereof.

3. The authority representing a people engaged against a High Contracting Party in an armed conflict of the type referred to in Article 1, paragraph 4, may undertake to apply the Conventions and this Protocol in relation to that conflict by means of a unilateral declaration addressed to the depositary. Such declaration shall, upon its receipt by the depositary, have in relation to that conflict the following effects:
(a)
the Conventions and this Protocol are brought into force for the said authority as a Party to the conflict with immediate effect;

(b)
the said authority assumes the same rights and obligations as those which have been assumed by a High Contracting Party to the Conventions and this Protocol; and

Article 97
Amendment

1.
Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties and the International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.

2.
The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories or this Protocol.

Article 98
Revision of Annex I

1.
Not later than four years after the entry into force of this Protocol and thereafter at intervals of not less than four years, the International Committee of the Red Cross shall consult the High Contracting Parties concerning Annex I to this Protocol and, if it considers it necessary, may propose a meeting of technical experts to review Annex I and to propose such amendments to it as may appear to be desirable. Unless, within six months of the communication of a proposal for such a meeting to the High Contracting Parties, one third of them object, the International Committee of the Red Cross shall convene the meeting, inviting also observers of appropriate international organizations. Such a meeting shall also be convened by the International Committee of the Red Cross at any time at the request of one third of the High Contracting Parties.

2.
The depositary shall convene a conference of the High Contracting Parties and the Parties to the

Conventions to consider amendments proposed by the meeting of technical experts if, after that meeting, the International Committee of the Red Cross or one third of the High Contracting Parties so request.
3.
Amendments to Annex I may be adopted at such a conference by a two-thirds majority of the High Contracting Parties present and voting.

4.
The depositary shall communicate any amendment so adopted to the High Contracting Parties and to the Parties to the Conventions. The amendment shall be considered to have been accepted at the end of a period of one year after it has been so communicated, unless within that period a declaration of non-acceptance of the amendment has been communicated to the depositary by not less than one third of the High Contracting Parties.

5.
An amendment considered to have been accepted in accordance with paragraph 4 shall enter into force three months after its acceptance for all High Contracting Parties other than those which have made a declaration of non-acceptance in accordance with that paragraph. Any Party making such a declaration may at any time withdraw it and the amendment shall then enter into force for that Party three months thereafter.

6.
The depositary shall notify the High Contracting Parties and the Parties to the Conventions of the entry into force of any amendment, of the Parties bound thereby, of the date of its entry into force in relation to each Party, of declarations of non-acceptance made in accordance with paragraph 4, and of withdrawals of such declarations.

Article 99
Denunciation

1.
In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is engaged in one of the situations referred to in Article I, the denunciation shall not take effect before the end of the armed conflict or occupation and not, in any case, before operations connected with the final release, repatriation or re-establishment of the persons protected by the Convention or this Protocol have been terminated.

2.
The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.

3.
The denunciation shall have effect only in respect of the denouncing Party.

4.
Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conflict, under this Protocol by such denouncing

Party in respect of any act committed before this denunciation becomes effective.
Article 100
Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of:
(a)
signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 93 and 94;

(b)
the date of entry into force of this Protocol under Article 95;

(d)
declarations received under Article 96, paragraph 3, which shall be communicated by the quickest methods; and

(e) denunciations under Article 99.
Article 101
Registration
1.
After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

2.
The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol.

Article 102
Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions.
ANNEX I
Regulations Concerning Identification
Chapter I
Identity Cards
Article 1
Identity card for permanent civilian medical and religious personnel
1. The identity card for permanent civilian medical and religious personnel referred to in Article 18, paragraph 3, of the Protocol should:
(a)
bear the distinctive emblem and be of such size that it can be carried in the pocket;

(b) be as durable as practicable;

(d)
mention the name, the date of birth (or, if that date is not available, the age at the time of issue) and the identity number, if any, of the holder;

(e)
state in what capacity the holder is entitled to the protection of the Conventions and of the Protocol; bear the photograph of the holder as well as his signature or his thumb-print, or both;

(g)
bear the stamp and signature of the competent authority;

(h)
state the date of issue and date of expiry of the card.

2.
The identity card shall be uniform throughout the territory of each High Contracting Party and, as far as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided by the single-language model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen of the model they are using, if such model differs from that shown in Figure 1. The identity card shall be made out, if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards which it has issued.

3.
In no circumstances may permanent civilian medical and religious personnel be deprived of their identity cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy.

Article 2

Identity card for temporary civilian medical and religious personnel
1.
The identity card for temporary civilian medical and religious personnel should, whenever possible, be similar to that provided for in Article 1 of these Regulations. The Parties to the conflict may be guided by the model shown in Figure 1.

2.
When circumstances preclude the provision to temporary civilian medical and religious personnel of identity cards similar to those described in Article 1 of these Regulations, the said personnel may be provided with a certificate signed by the competent authority certifying that the person to whom it is issued is assigned to duty as temporary personnel and stating, if possible, the duration of such assignment and his right to wear the distinctive emblem. The certificate should mention the holder’s name and date of birth (or if that date is not available, his age at the time when the certificate was issued), his function and identity number, if any. It shall bear his signature or his thumbprint, or both.

Fig 1. Model of Identity card (74mm x 105mm)
Chapter II
The Distinctive Emblem
Article 3
Shape and nature

1.
The distinctive emblem (red on a white ground) shall be as large as appropriate under the circumstances. For the shapes of the cross, the crescent or the lion and sun, the High Contracting Parties may be guided by the models shown in Figure 2.

2.
At night or when visibility is reduced, the distinctive emblem may be lighted or illuminated; it may also be made of materials rendering it recognizable by technical means of detection.

Fig. 2: Distinctive emblems in red on a white ground
Article 4
Use

1.
The distinctive emblem shall, whenever possible, be displayed on a flat surface or on flags visible from as many directions and from as far away as possible.

2.
Subject to the instructions of the competent authority, medical and religious personnel carrying out their duties in the battle area shall, as far as possible, wear headgear and clothing bearing the distinctive emblem.

Chapter III
Distinctive Signals
Article 5
Optional Use

1.
Subject to the provisions of Article 6 of these Regulations, the signals specified in this Chapter for exclusive use by medical units and transports shall not be used for any other purpose. The use of all signals referred to in this Chapter is optional.

2.
Temporary medical aircraft which cannot, either for lack of time or because of their characteristics, be marked with the distinctive emblem, may use the distinctive signals authorized in this Chapter. The best method of effective identification and recognition of medical aircraft is, however, the use of a visual signal, either the distinctive emblem or the light signal specified in Article 6, or both, supplemented by the other signals referred to in Articles 7 and 8 of these Regulations.

Article 6
Light signal

1. The light signal, consisting of a flashing blue light, is established for the use of medical aircraft to signal their identity. No other aircraft shall use this signal. The recommended blue colour is obtained by using, as trichromatic co-ordinates:
green boundary y = 0.065 + 0.805x
white boundary y = 0.400 -x
purple boundary x = 0.133 + 0.600y
The recommended flashing rate of the blue light is between sixty and one hundred flashes per minute.
2.
Medical aircraft should be equipped with such lights as may be necessary to make the light signal visible in as many directions as possible.

3.
In the absence of a special agreement between the Parties to the conflict reserving the use of flashing blue lights for the identification of medical vehicles and ships and craft, the use of such signals for other vehicles or ships is not prohibited.

Article 7
Radio signal
1.
The radio signal shall consist of a radiotelephonic or radiotelegraphic message preceded by a distinctive priority signal to be designated and approved by a World Administrative Radio Conference of the International Telecommunication Union. It shall be transmitted three times before the call sign of the medical transport involved. This message shall be transmitted in English at appropriate intervals on a frequency or frequencies specified pursuant to paragraph j. The use of the priority signal shall be restricted exclusively to medical units and transports.

2.
The radio message preceded by the distinctive priority signal mentioned in paragraph 1 shall convey the following data:

(a)
call sign of the medical transport;

(b)
position of the medical transport;

(d)
intended route;

(e) estimated time en route and of departure and arrival, as appropriate; any other information such as flight altitude, radio frequencies guarded, languages and secondary surveillance radar modes and codes.
3. In order to facilitate the communications referred to in paragraphs 1 and 2, as well as the communications referred to in Articles 22, 23, 25, 26,27, 28, 29, 30 and 31 of the Protocol, the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, may designate, in accordance with the Table of Frequency Allocations in the Radio Regulations annexed to the International Telecommunication Convention, and publish selected national frequencies to be used by them for such communications. These frequency shall be notified to the International Telecommunication Union in accordance with procedures to be approved by a World Administrative Radio Conference.
Article 8
Electronic identification
1.
The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used to identify and to follow the course of medical aircraft. The SSR mode and code to be reserved for the exclusive use of medical aircraft shall be established by the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, in accordance with procedures to be recommended by the International Civil Aviation Organization.

2.
Parties to a conflict may, by special agreement between them, establish for their use a similar electronic system for the identification of medical vehicles, and medical ships and craft.

Chapter IV
Communications
Article 9
Radio communications
The priority signal provided for in Article 7 of these Regulations may precede appropriate radio communications by medical units and transports in the application of the procedures carried out under Articles 22, 23, 25, 26, 27, 28, 29, 30 and 31 of the Protocol.
Article 10
Use of international codes
Medical units and transports may also use the codes and signals laid down by the International Telecommunication Union, the International Civil Aviation Organization and the Inter-Governmental Maritime Consultative Organization. These codes and signals shall be used in accordance with the standards, practices and procedures established by these Organizations.
Article 11
Other means of communication
When two-way radio communication is not possible, the signals provided for in the International Code of Signals adopted by the Inter-Governmental Maritime Consultative Organization or in the appropriate Annex to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used.

Article 12
Flight plans

The agreements and notifications relating to flight plans provided for in Article 29 of the Protocol shall as far as possible be formulated in accordance with procedures laid down by the International Civil Aviation Organization.
Article 13
Signals and procedures for the interception of medical aircraft

If an intercepting aircraft is used to verify the identity of a medical aircraft in flight or to require it to land in accordance with Articles 30 and 31 of the Protocol, the standard visual and radio interception procedures prescribed by Annex 2 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, should be used by the intercepting and the medical aircraft.
Chapter V
Civil Defence
Article 14
Identity card

1.
The identity card of the civil defence personnel provided for in Article 66, paragraph 3, of the Protocol is governed by the relevant provisions of Article 1 of these Regulations.

2.
The identity card for civil defence personnel may follow the model shown in Figure 3.

3.
If civil defence personnel are permitted to carry light individual weapons, an entry to that effect should be made on the card mentioned

Fig 3. Model identity card for civil defence personnel (format: 74mm x 105mm)
Article 15
International distinctive sign

1.
The international distinctive sign of civil defence provided for in Article 66, paragraph 4, of the Protocol is an equilateral blue triangle on an orange ground. A model is shown in Figure 4:

2.
It is recommended that:

(a)
if the blue triangle is on a flag or armlet or tabard, the ground to the triangle be the orange flag, armlet or tabard;

(b)
one of the angles of the triangle be pointed vertically upwards;

Fig 4: Blue triangle on an orange background

3. The international distinctive sign shall be as large as appropriate under the circumstances. The distinctive sign shall, whenever possible, be displayed on flat surfaces or on flags visible from as many directions and from as far away as possible. Subject to the instructions of the competent authority, civil defence personnel shall, as far as possible, wear headgear and clothing bearing the international distinctive sign. At night or when visibility is reduced, the sign may be lighted or illuminated; it may also be made of materials rendering it recognizable by technical means of detection.
Chapter VI
Works And Installations Containing Dangerous Forces
Article 16
International special sign

1.
The international special sign for works and installations containing dangerous forces, as provided for in Article 56, paragraph 7, of the Protocol, shall be a group of three bright orange circles of equal size, placed on the same axis, the distance between each circle being one radius, in accordance with Figure 5 illustrated below,

2.
The sign shall be as large as appropriate under the circumstances. When displayed over an extended

surface it may be repeated as often as appropriate under the circumstances. It shall, whenever possible, be displayed on flat surfaces or on flags so as to be visible from as many directions and from as far away as possible.
3.
On a flag, the distance between the outer limits of the sign and the adjacent sides of the flag shall be one radius of a circle. The flag shall be rectangular and shall have a white ground.

4.
At night or when visibility is reduced, the sign may be lighted or illuminated. It may also be made of materials rendering it recognizable by technical means of detection.

Fig. 5: International special sign for works and installations containing dangerous forces.
ANNEX II
Identity Card for Journalists on
Dangerous Professional Missions

ADDITIONAL PROTOCOL I AS AN
EXPRESSION OF CUSTOMARY
INTERNATIONAL LAW

The following is a summary of the comments of Mr. Michael Matheson, then U.S. Dept. of State Deputy Legal Advisor, presented to the Sixth Annual American Red Cross-Washington College of Law Conference on International, Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, reported in 2 AM. U. J. INT’L L. & POLICY 419 (1987). He expounded on the provisions of Protocol I which the U.S. considers (and, where noted, does not consider) expressions of customary international law.
Matheson’s remarks may no longer be considered authoritative. See, e.g., Charles Garraway, The Law of War in the 21st Century, Conference Brief, Center for Naval Warfare Studies, United States Naval War College, www.nwc.navy.mil/cnws/ild/ documents/2005%20conference%20brief.pdf, p. 8.
Art. 1(4) – We do not support the applicability of Protocol I to wars of national liberation; this is not an expression of customary international law.
Art. 5 – Protecting powers shall be designated and accepted without delay from the beginning of any conflict, but, this principle is not unequivocal and is still subject, in the last instance, to refusal by the state in question.
Art. 10 – All wounded, sick, and shipwrecked will be respected and protected, and not be made the object of attacks or reprisals; such persons are to be given medical treatment, and no distinction is to be made based on any grounds other than medical.
Art. 11 – Physical or mental health and integrity of persons under the control of a party to a conflict shall not be endangered by any unjustified act or omission and shall not be subjected to any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards.
Arts. 12 through 20 – Medical units, including properly authorized civilian medical units, shall be respected and protected at all times and shall not be made the object of attacks or reprisals; civilian medical and religious personnel likewise shall be respected and protected.
Arts. 18 through 23 – The relevant provisions of the 1949 Geneva Conventions apply to all properly authorized medical vehicles, hospital ships, and other medical ships and craft, regardless of the identity of the wounded, sick, and shipwrecked that they serve.
Arts. 24 through 31 – Known medical aircraft shall be respected and protected when performing their humanitarian functions.
Arts. 32 and 33 – Families have the right to know the fate of their relatives and each party to a conflict should search areas circumstances permit.
Art. 34 – Each party to conflict shall permit teams to search for, identify, and recover the dead for the battlefield areas, and the remains of the dead shall be respected, maintained, and marked; as soon as circumstances permit, arrangements shall be made to facilitate access to grave-sites by relatives, to protect and maintain such sites permanently, and facilitate the return of the remains, when requested.
Art. 35 – The methods and means of conducting warfare and of injuring the enemy are not unlimited and the parties to a conflict may not use weapons, projectiles, and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. We do not support the prohibition on use of methods or means of warfare intended or expected to cause widespread, long-term and severe damage to the environment; this prohibition is too broad and ambiguous and is not part. of customary international law.
Art. 37 and 38 – Individual combatants shall not kill, injure, or capture enemy personnel by resort to perfidy; internationally recognized protective emblems, e.g., the Red Cross, shall not be improperly used.
Art. 39 – We do not support the prohibition on the use of enemy emblems and uniforms during military operations.
Art. 40 – No order shall be given that there will be no survivors taken nor may an adversary be threatened with such an order or hostilities conducted on that basis.
Art. 42 – Persons, other than airborne troops, parachuting from an aircraft in distress shall not be made the object of attack.
Arts. 44 and 45 – We do not support the relaxation of requirements contained in the Third Geneva Convention concerning POW treatment for irregular forces. We do believe persons entitled to combatant status should be treated as prisoners of war in accordance with the 1949 Geneva Conventions; combatant personnel must distinguish themselves from the civilian population while engaged in military operations. We do support the principle that, should any doubt arise as to whether a person is entitled to combatant status, he shall be so treated until his status has been determined by a competent tribunal; if a person who has fallen into the hands of an adversary is not held as a prisoner of war and is to be tried for an offense arising out of the hostilities, he shall have the
232

U.S. View of Additional Protocol I
right to assert his entitlement to prisoner of war status before a judicial tribunal and to have that question adjudicated.
Art. 47 – We do not support the prohibition on the use of mercenaries; this is not an expression of customary international law.
Arts. 51 and 52 – Civilian populations and individual citizens shall not be made the object of acts or threats of violence, the primary purpose of which is to spread terror among them; attacks shall not be carried out which would clearly result in collateral civilian casualties disproportionate to the expected military advantage. The civilian population shall not be used to shield military objectives or operations from attack, and immunity shall not be extended to civilians who are taking part. in the hostilities. We do not support the portion of Art. 51 and subsequent articles prohibiting the use of reprisals; this is not an expression of customary international law.
Arts. 54 and 70 – Starvation of civilians shall not be used as a method of warfare, and, subject to the requirements of imperative military necessity, impartial relief actions necessary for the survival of the civilian population shall be permitted and encouraged.
Arts. 57 through 60 – All practicable precautions, taking into account military and humanitarian considerations, shall be taken in the conduct of military operations to minimize incidental death, injury, and damage to civilians and civilian objects, and effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not permit; attacks shall not be made against appropriately declared or agreed non-defended localities or agreed demilitarized zones.
Art. 56 – We do not support the prohibition on targeting dikes, dams, and nuclear power stations.
Arts. 62 and 63 – Civilian defense organizations and their personnel shall be respected and protected as civilians and shall be permitted to perform their civil defense tasks, except in cases of imperative military necessity; in occupied territories, civilians shall receive from the appropriate authorities, as practicable, the facilities necessary for the performance of their tasks.
Arts. 73 and 74 – Persons who were considered as refugees or stateless persons before the beginning of hostilities shall nonetheless be treated as protected persons under the Geneva Convention; states shall facilitate the reunion of families dispersed as a result of armed conflicts and will encourage, in particular, the work of humanitarian organizations engaged in this work.
Art. 75 – All persons who are in the power of a party to a conflict and who do not benefit from more favorable treatment under the Conventions shall be treated humanely in all circumstances and enjoy, at a minimum, the protections specified in the Conventions without any adverse distinction based upon race, sex language, religion or belief, political or other opinion, national or social origin, or an similar criteria. These persons shall not be subjected to violence to life, health, or physical or mental well-being , outrages upon personal dignity, the taking of hostages, or collective punishments, and no sentence may be passed and no penalty executed except pursuant to conviction pronounced by an impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure.
Arts. 76 through 78 – Women and children shall be the object of special respect and protection, and women will be protected against rape and indecent assault, and all feasible measures shall be taken to ensure that children under the age of fifteen do not take a direct part. in hostilities. No state shall arrange for the evacuation of children except for temporary evacuation where compelling reasons of the health or medical treatment of the children or their safety exist, except in occupied territory, so require.
Art. 79 – Journalists shall be protected as civilians under the Conventions, provided they take no actions adversely affection such status.
Art. 80 through 85 – All necessary measures for the implementation of the rules of humanitarian law shall be taken without delay, and the ICRC and the relevant Red Cross or Red Crescent organizations will be granted all necessary facilities and access to enable them to carry out their humanitarian functions; legal advisors shall be made available, when necessary, to advise military commanders at the appropriate level on the application of these principles, and their study shall be included in programs of military instruction.
Arts. 85 through 89 – Appropriate authorities shall take all reasonable measures to prevent acts contrary to the applicable rules of humanitarian law, and shall take all appropriate steps to bring to justice all persons who have willfully committed such acts, and will make good faith efforts to cooperate with one another in this regard.

233
U.S. View of Additional Protocol I

UNCLASSIFIED 9 May 1986
MEMORANDUM FOR MR. JOHN H. McNEILL, ASSISTANT GENERAL COUNSEL (INTERNATIONAL), OSD
SUBJECT: 1977 Protocols Additional to the Geneva Conventions: Customary International Law Implications
This is in reply to your memorandum of 26 March 1986, same subject, to the undersigned. In that memo you asked our views on which articles of the Protocol are currently recognized as customary international law, and which should be supported for eventual incorporation into that law. Our views were to be based on the list of provisions provided by OJCS.
We view the following provisions as already part. of customary international law:
a.
Medical activities: Articles 10; 12, paragraphs 1 (as it applies to military medical activities) and 4; 15, paragraph 1; and 18, paragraphs 1, 2, 4 and 7 (as it applies to military medical activities). We do not believe any reference to “signals” represents customary international law.

b.
Medical aircraft: Articles 24 (except reference to “this Part”); 28, paragraph 1; and 31, subject to there being a reasonable basis for assuming that the party ordering a landing will respect the Geneva Conventions and Articles 30 and 31 of the Protocol.

paragraphs 1, 2(c) and 4.

h.
Undefended localities and demilitarized zones: Articles 59 and 60.

i.
Refugees: We regard Article 73 as a correct and authoritative interpretation of Article 4 of the Fourth Geneva Convention of 1949.

j.
Fundamental guarantees: Article 75.

k. Women and children: Article 76, paragraph 1, and 77, paragraph 1. We regard the following provisions as supportable for inclusion in customary law through state practice:
a.
Medical activities: Article 12, paragraphs 1 (as applicable to civilian medical activities), 2 and 3; 13; 14; 15, paragraph 5; 18, paragraph 3, and 20. Also, adding identification guidelines for civilian medical activities is acceptable as provided for in paragraph 1, 2 and 4 of Article 18. We do not support inclusion of “signals” in customary law.

b.
Medical transportation: Article 21; 25-27; 28, paragraphs 2 (except the first sentence), 3 and 4; 29 and 30. Support for the provisions pertaining to aircraft is also subject to the general conditions that the duties of aircraft shall depend on control of airspace rather than control of the surface overflown, and that a summons to land need not be respected unless there is a reasonable basis to believe that a party ordering the landing will respect the Geneva Convention and Articles 30 and 31 of the Protocol. Also, as to Articles 26 and 27, support is conditioned on the requirement for an agreement between the parties to the conflict concerned.

c.
Missing personnel: Articles 32, 33 and 34.

d.
Persons who have taken part. in hostilities: Article 45, paragraphs 1, 2 and the second sentence of 3.

e.
Family reunification: Article 74.

f.
Women and children: Article 76, paragraphs 2 and 3, and 77, paragraphs 2, 3 and 4.

g.
Evacuation of children: Article 78, subject to the right of asylum and compliance with the United Nations Protocol on Refugees.

h.
Journalists: Article 79.

i.
Executions: Article 81, 82 and 83.

234

U.S. View of Additional Protocol I
The above lists are in the nature of an advisory opinion on our part. As with all such opinions, the actual application of these provisions may vary depending on the concrete factual situation involved.
In addition to the undersigned, Lt Col Burrus M. Carnahan, USAF, and CDR John C. W. Bennett, JAGC, USN, participated in preparation of this memo.
235
U.S. View of Additional Protocol I

MORE AUTHORITIES ON THE CUSTOMARY INTERNATIONAL LAW IN

ADDITIONAL PROTOCOLS I AND II

For more sources of customary international law and how it is embodied in Additional Protocols I and II, consult the following sources:
•
President Reagan’s Message of Transmittal and Secretary of State George Shultz’s Letter of Submittal of Additional Protocol II (recommending reservations and understandings for Additional Protocol II as well as commenting on the reasons why Additional Protocol I will not be submitted to the U.S. Senate).

•
The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, 2 AM. U. J. INT’L L. & POL’Y 415 (1987)

•
Letter of John B. Bellinger, III, Department of State Legal Advisor, to William J. Haynes, Department of Defense General Counsel (16 January 2008) (arguing that the U.S. Government should recognize Article 75 of Additional Protocol I as an embodiment of customary international law).

•
W. Hays Parks, Air War and the Law of War, 32 A.F. L. REV 1 (1990) (discussing many problems with Additional Protocols I and II, especially Article 51 of AP I and the test for when a civilian loses protection from targeting as a result of taking a direct part. in hostilities).

For additional sources of customary international law, see the following
•
1 CUSTOMARY INTERNATIONAL HUMANITARIAN LAW (Jean-Marie Henckaerts & Louise Doswald-Beck eds., 2005) (reporting the International Committee of the Red Cross Study).

•
Letter from John B. Bellinger, III, Department of State Legal Advisor, and William J. Haynes, Department of Defense General Counsel, to Dr. Jakob Kellenberger, President of the ICRC (3 November 2006) (arguing that the U.S. Government does not accept all of the conclusions of the ICRC study as an attempt to compile a record of customary international humanitarian law (i.e., the “law of war” or “law of armed conflict”) because of concerns regarding the study’s methodology).

For a copy of these documents or information on how to obtain the ICRC study, contact the Documentary Supplement Editor using the contact information in the Preface to this book.
236

U.S. View of Additional Protocol I
PROTOCOL ADDITIONAL TO THE
GENEVA CONVENTIONS OF 12
AUGUST 1949, AND RELATING TO
THE PROTECTION OF VICTIMS
OF NON-INTERNATIONAL ARMED
CONFLICTS (ADDITIONAL
PROTOCOL II)

8 JUNE 1977
Preamble
The High Contracting Parties,
Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Conventions of 12 August 1949, constitute the foundation of respect for the human person in cases of armed conflict not of an international character,
Recalling furthermore that international instruments relating to human rights offer a basic protection to the human person,
Emphasizing the need to ensure a better protection for the victims of those armed conflicts,
Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates or the public conscience,
Have agreed on the following:
Part I
Scope of this Protocol
Article 1
Material field of application
1. This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions or application, shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part. of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol.
2. This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, as not being armed conflicts.
Article 2
Personal field of application
1.
This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as defined in Article 1.

2.
At the end of the armed conflict, all the persons who have been deprived of their liberty or whose liberty has been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of such deprivation or restriction of liberty.

Article 3
Non-intervention
1.
Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State.

2.
Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs.

Part II
Humane Treatment
Article 4
Fundamental guarantees

1.
All persons who do not take a direct part. or who have ceased to take part. in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors.

2.
Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever:

(a)
violence to the life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment;

(b)
collective punishments;

(d)
acts of terrorism;

(e)
outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form or indecent assault;

(f)
slavery and the slave trade in all their forms;

(g)
pillage;

(h)
threats to commit any or the foregoing acts.

3. Children shall be provided with the care and aid they require, and in particular:
(a)
they shall receive an education, including religious and moral education, in keeping with the wishes of their parents, or in the absence of parents, of those responsible for their care;

(b)
all appropriate steps shall be taken to facilitate the reunion of families temporarily separated;

(c)
children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part. in hostilities;

(d)
the special protection provided by this Article to children who have not attained the age of fifteen years shall remain applicable to them if they take a direct part. in hostilities despite the provisions of subparagraph (c) and are captured;

(e)
measures shall be taken, if necessary, and whenever possible with the consent of their parents or

persons who by law or custom are primarily responsible for their care, to remove children temporarily from the area in which hostilities are taking place to a safer area within the country and ensure that they are accompanied by persons responsible for their safety and well-being.
Article 5
Persons whose liberty has been restricted

1. In addition to the provisions of Article 4 the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained;
(a)
the wounded and the sick shall be treated in accordance with Article 7;

(b)
the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the rigours of the climate and the dangers of the armed conflict;

(d)
they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions;

(e)
they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the local civilian population.

2. Those who are responsible for the internment or detention of the persons referred to in paragraph 1 shall also, within the limits of their capabilities, respect the following provisions relating to such persons:
(a)
except when men and women of a family are accommodated together, women shall be held in quarters separated from those of men and shall be under the immediate supervision of women;

(b)
they shall be allowed to send and receive letters and cards, the number of which may be limited by competent authority if it deems necessary;

(c)
places of internment and detention shall not be located close to the combat zone. The persons referred to in paragraph 1 shall be evacuated when the places where they are interned or detained become particularly exposed to danger arising out of the armed conflict, if their evacuation can be carried out under adequate conditions of safety;

(d)
they shall have the benefit of medical examinations;

(e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned, and which is not consistent with the generally accepted medical standards applied to free persons under similar medical circumstances.
3.
Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for reasons related to the armed conflict shall be treated humanely in accordance with Article 4 and with paragraphs 1 (a), (c) and (d), and 2 (b) of this Article.

4.
If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall be taken by those so deciding.

Article 6
Penal prosecutions
1.
This Article applies to the prosecution and punishment of criminal offences related to the armed conflict.

2.
No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality. In particular:

(b)
no one shall be convicted of an offence except on the basis of individual penal responsibility;

(c)
no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby;

(d)
anyone charged with an offence is presumed innocent until proved guilty according to law;

(e)
anyone charged with an offence shall have the right to be tried in his presence;

(f)
no one shall be compelled to testify against himself or to confess guilt.

3.
A convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised.

4.
The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of young children.

5.
At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained.

Part III
Wounded, Sick and Shipwrecked
Article 7
Protection and care
1.
All the wounded, sick and shipwrecked, whether or not they have taken part. in the armed conflict, shall be respected and protected.

2.
In all circumstances they shall be treated humanely and shall receive to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones.

Article 8
Search
Whenever circumstances permit and particularly after an engagement, all possible measures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them.
Article 9
Protection of medical and religious personnel
1.
Medical and religious personnel shall be respected and protected and shall be granted all available help for the performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission.

2.
In the performance of their duties medical personnel may not be required to give priority to any person except on medical grounds.

Article 10 Part IV
General protection of medical duties

1.
Under no circumstances shall any person be punished for having carried out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.

2.
Persons engaged in medical activities shall neither be compelled to perform acts or to carry out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules designed for the benefit of the wounded and sick, or this Protocol.

3.
The professional obligations of persons engaged in medical activities regarding information which they may acquire concerning the wounded and sick under their care shall, subject to national law, be respected.

4.
Subject to national law, no person engaged in medical activities may be penalized in any way for refusing or failing to give information concerning the wounded and sick who are, or who have been, under his care.

Article 11
Protection of medical units and transports

1.
Medical units and transports shall be respected and protected at all times and shall not be the object of attack.

2.
The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function. Protection may, however, cease only after a warning has been given, setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.

Article 12
The distinctive emblem

Under the direction of the competent authority concerned, the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground shall be displayed by medical and religious personnel and medical units, and on medical transports. It shall be respected in all circumstances. It shall not be used improperly.
Civilian Population
Article 13
Protection of the civilian population

1.
The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. To give effect to this protection, the following rules shall be observed in all circumstances.

3.
Civilians shall enjoy the protection afforded by this part, unless and for such time as they take a direct part. in hostilities.

Article 14
Protection of objects indispensable to the survival of the civilian population

Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless for that purpose, objects indispensable to the survival of the civilian population such as food-stuffs, agricultural areas for the production of food-stuffs, crops, livestock, drinking water installations and supplies and irrigation works.
Article 15
Protection of works and installations containing dangerous forces

Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population.
Article 16

Protection of cultural objects and of places of worship
Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art. or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort.
Article 17
Prohibition of forced movement of civilians
1.
The displacement of the civilian population shall not be ordered for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition.

2.
Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.

Article 18
Relief societies and relief actions
1.
Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red Crescent, Red Lion and Sun) organizations may offer their services for the performance of their traditional functions in relation to the victims of the armed conflict. The civilian population may, even on its own initiative, offer to collect and care for the wounded, sick and shipwrecked.

2.
If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as food-stuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned.

Part V
Final Provisions
Article 19
Dissemination
This Protocol shall be disseminated as widely as possible.
Article 20
Signature
This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months.
Article 21
Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions.
Article 22
Accession
This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of accession shall be deposited with the depositary.
Article 23
Entry into force
1.
This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.

Article 24
Amendment
1.
Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary which shall decide, after consultation with all the High Contracting Parties and the International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment.

2.
The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol.

Article 25
Denunciation
1. In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect six months after receipt of the instrument of denunciation. If, however, on the expiry of six months, the denouncing Party is engaged in the situation referred to in Article 1, the denunciation shall not take effect before the end of the armed conflict. Persons who have been deprived of liberty, or whose liberty has been restricted, for reasons related to the conflict shall nevertheless continue to benefit from the provisions of this Protocol until their final release.

2. The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.
Article 26
Notifications

The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of:
(a)
signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 21 and 22;

(b)
the date of entry into force of this Protocol under Article 23; and

Article 27
Registration

1.
After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

2.
The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol.

Article 28
Authentic texts

The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions.
framework of such activities may be used in the
PROTOCOL ADDITIONAL TO THE

country where the activity takes place and in the GENEVA CONVENTIONS OF 12 country or countries of transit,
AUGUST 1949, AND RELATING TO
THE ADOPTION OF AN
ADDITIONAL DISTINCTIVE
EMBLEM (ADDITIONAL
PROTOCOL III)

The High Contracting Parties,
Reaffirming the provisions of the Geneva Conventions of 12 August 1949 (in particular Articles 26, 38, 42 and 44 of the First Geneva Convention) and, where applicable, their Additional Protocols of 8 June 1977 (in particular Articles 18 and 38 of Additional Protocol I and Article 12 of Additional Protocol II), concerning the use of distinctive emblems,
Desiring to supplement the aforementioned provisions so as to enhance their protective value and universal character,
Noting that this Protocol is without prejudice to the recognized right of High Contracting Parties to continue to use the emblems they are using in conformity with their obligations under the Geneva Conventions and, where applicable, the Protocols additional thereto,
Recalling that the obligation to respect persons and objects protected by the Geneva Conventions and the Protocols additional thereto derives from their protected status under international law and is not dependent on use of the distinctive emblems, signs or signals,
Stressing that the distinctive emblems are not intended to have any religious, ethnic, racial, regional or political significance,
Emphasizing the importance of ensuring full respect for the obligations relating to the distinctive emblems recognized in the Geneva Conventions, and, where applicable, the Protocols additional thereto,
Recalling that Article 44 of the First Geneva Convention makes the distinction between the protective use and the indicative use of the distinctive emblems,
Recalling further that National Societies undertaking activities on the territory of another State must ensure that the emblems they intend to use within the Recognizing the difficulties that certain States and National Societies may have with the use of the existing distinctive emblems,
Noting the determination of the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the International Red Cross and Red Crescent Movement to retain their current names and emblems,
Have agreed on the following:
Article 1
Respect for and scope of application of this Protocol
1.
The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances.

2.
This Protocol reaffirms and supplements the provisions of the four Geneva Conventions of 12 August 1949 (“the Geneva Conventions”) and, where applicable, of their two Additional Protocols of 8 June 1977 (“the 1977 Additional Protocols”) relating to the distinctive emblems, namely the red cross, the red crescent and the red lion and sun, and shall apply in the same situations as those referred to in these provisions.

Article 2
Distinctive emblems
1.
This Protocol recognizes an additional distinctive emblem in addition to, and for the same purposes as, the distinctive emblems of the Geneva Conventions. The distinctive emblems shall enjoy equal status.

2.
This additional distinctive emblem, composed of a red frame in the shape of a square on edge on a white ground, shall conform to the illustration in the Annex to this Protocol. This distinctive emblem is referred to in this Protocol as the "third Protocol emblem".

3.
The conditions for use of and respect for the third Protocol emblem are identical to those for the distinctive emblems established by the Geneva Conventions and, where applicable, the 1977 Additional Protocols.

4.
The medical services and religious personnel of armed forces of High Contracting Parties may, without prejudice to their current emblems, make temporary

use of any distinctive emblem referred to in paragraph Article 5 1 of this Article where this may enhance protection.
Missions under United Nations auspices
Article 3
Indicative use of the third Protocol emblem

1. National Societies of those High Contracting Parties which decide to use the third Protocol emblem may, in using the emblem in conformity with relevant national legislation, choose to incorporate within it, for indicative purposes:
a.
a distinctive emblem recognized by the Geneva Conventions or a combination of these emblems; or

b.
another emblem which has been in effective use by a High Contracting Party and was the subject of a communication to the other High Contracting Parties and the International Committee of the Red Cross through the depositary prior to the adoption of this Protocol.

Incorporation shall conform to the illustration in the Annex to this Protocol.
2.
A National Society which chooses to incorporate within the third Protocol emblem another emblem in accordance with paragraph 1 above, may, in conformity with national legislation, use the designation of that emblem and display it within its national territory.

3.
National Societies may, in accordance with national legislation and in exceptional circumstances and to facilitate their work, make temporary use of the distinctive emblem referred to in Article 2 of this Protocol.

4.
This Article does not affect the legal status of the distinctive emblems recognized in the Geneva Conventions and in this Protocol, nor does it affect the legal status of any particular emblem when incorporated for indicative purposes in accordance with paragraph 1 of this Article.

Article 4

International Committee of the Red Cross and
International Federation of Red Cross and Red
Crescent Societies

The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, and their duly authorized personnel, may use, in exceptional circumstances and to facilitate their work, the distinctive emblem referred to in Article 2 of this Protocol.
The medical services and religious personnel participating in operations under the auspices of the United Nations may, with the agreement of participating States, use one of the distinctive emblems mentioned in Articles 1 and 2.
Article 6
Prevention and repression of misuse

1.
The provisions of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, governing prevention and repression of misuse of the distinctive emblems shall apply equally to the third Protocol emblem. In particular, the High Contracting Parties shall take measures necessary for the prevention and repression, at all times, of any misuse of the distinctive emblems mentioned in Articles 1 and 2 and their designations, including the perfidious use and the use of any sign or designation constituting an imitation thereof.

2.
Notwithstanding paragraph 1 above, High Contracting Parties may permit prior users of the third Protocol emblem, or of any sign constituting an imitation thereof, to continue such use, provided that the said use shall not be such as would appear, in time of armed conflict, to confer the protection of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, and provided that the rights to such use were acquired before the adoption of this Protocol.

Article 7
Dissemination

The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate this Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction and to encourage the study thereof by the civilian population, so that this instrument may become known to the armed forces and to the civilian population.
Article 8
Signature

This Protocol shall be open for signature by the Parties to the Geneva Conventions on the day of its adoption and will remain open for a period of twelve months.
Article 9
Ratification
This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Geneva Conventions and the 1977 Additional Protocols.
Article 10
Accession
This Protocol shall be open for accession by any Party to the Geneva Conventions which has not signed it. The instruments of accession shall be deposited with the depositary.
Article 11
Entry into force
1.
This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited.

2.
For each Party to the Geneva Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession.

Article 12
Treaty relations upon entry into force of this Protocol
1.
When the Parties to the Geneva Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol.

Article 13
Amendment
1.
Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties, the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, whether a conference should be convened to consider the proposed amendment.

2.
The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to

the Geneva Conventions, whether or not they are signatories of this Protocol.
Article 14
Denunciation
1.
In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is engaged in a situation of armed conflict or occupation, the denunciation shall not take effect before the end of the armed conflict or occupation.

2.
The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties.

3.
The denunciation shall have effect only in respect of the denouncing Party.

4.
Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conflict or occupation, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes effective.

Article 15
Notifications
The depositary shall inform the High Contracting Parties as well as the Parties to the Geneva Conventions, whether or not they are signatories of this Protocol, of:
a.
signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 8, 9 and 10;

b.
the date of entry into force of this Protocol under Article 11 within ten days of said entry into force;

c.
communications received under Article 13;

d.
denunciations under Article 14.

Article 16
Registration
1.
After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

2.
The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol.

Article 17 Article 2 -Indicative use of the third Authentic texts Protocol emblem
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Geneva Conventions.
ANNEX
THIRD PROTOCOL EMBLEM
(ARTICLE 2, PARAGRAPH 2 AND ARTICLE 3, PARAGRAPH 1 OF THE PROTOCOL)

Article 1 -Distinctive emblem
FM 27-10

DEPARTMENT OF THE ARMY FIELD MANUAL

THE LAW
OF
LAND WARFARE

DEPARTMENT OF THE ARMY • JULY 1956

FM 27-10 C1

CHANGE HEADQUARTERS DEPARTMENT OF THE ARMY No. 1 WASHINGTON, D. C., 15 July 1976
THE LAW OF LAND WARFARE
FM 27-10, 18 July 1956, is changed as follows:
Page 5. Paragraph 5 a (13) is added:
(13) Geneva protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous, or Other Gases, and of Bacteriological Methods of Warfare of 17 June 1925 (T. I.A .S. —), cited herein as Geneva Protocol of 1925.
Page 18. Paragraph 37 b is superseded as follows:
b. Discussion of Rule. The foregoing rule prohibits the use in war of poison or poisoned weapons against human beings. Restrictions on the use of herbicides as well as treaty provisions concerning chemical and bacteriological warfare are discussed in paragraph 38.
Page 18. Paragraph 38 is superseded as follows:
38. Chemical and Bacteriological Warfare
a. Treaty Provision. Whereas the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials or devices, has been justly condemned by the general opinion of the civilized world; and
Whereas the prohibition of such use has been declared in Treaties to which the majority of Powers of the world are Parties; and
To the end that this prohibition shall be universally accepted as a part. of International Law, binding alike the conscience and the practice of nations:
*** the High Contracting Parties, so far as they are not already Parties to Treaties prohibiting such use, accept this prohibition, agree to extend this prohibition to the use of bacteriological methods of warfare and agree to be bound as between themselves according to the terms of this declaration. (Geneva Protocol of 1925.)
b.
United States Reservation to the Geneva Protocol of 1925. The said Protocol shall cease to be binding on the government of the United States with respect to the use in war of asphyxiating, poisonous or other gases, and of all analogous liquids, materials, or devices, in regard to an enemy State if such State or any of its allies fails to respect the prohibitions laid down in the Protocol.

c.
Renunciation of Certain Uses in War of Chemical Herbicides and Riot Control Agents. The United States renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within US bases and installations or around their immediate defensive perimeters, and first use of riot control agents in war except in defensive military modes to save lives such as:

(1)
Use of riot control agents in riot control situations in areas under direct and distinct US military control, to include controlling rioting prisoners of war.

(2)
Use of riot control agents in situations in which civilians are used to mask or screen attacks and civilian casualties can be reduced or avoided.

(3)
Use of riot control agents in rescue missions in remotely isolated areas, of downed aircrews and passengers, and escaping prisoners.

(4)
Use of riot control agents in rear echelon areas outside the zone of immediate combat to protect convoys from civil disturbances, terrorists and paramilitary organizations.

*****

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States of America by the Constitution and laws of the United States and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:
SECTION 1. The Secretary of Defense shall take all necessary measures to ensure that the use by the Armed Forces of the United States of any riot control agents and chemical herbicides in war is prohibited unless such use has Presidential approval, in advance.
SECTION 2. The Secretary of Defense shall prescribe the rules and regulations he deems necessary to ensure that the national policy herein announced shall be observed by the Armed Forces of the United States. (Exec. Order No. 11850, 40 Fed. Reg. 16187 (1975).)
d. Discussion. Although the language of the 1925 Geneva Protocol appears to ban unqualifiedly the use in war of the chemical weapons within the scope of its prohibition, reservations submitted by most of the Parties to the Protocol, including the United States, have, in effect, rendered the Protocol a prohibition only of the first use in war of materials within its scope. Therefore, the United States, like many other Parties, has reserved the right to use chemical weapons against a state if that state or any of its allies fails to respect the prohibitions of the Protocol.
The reservation of the United States does not, however, reserve the right to retaliate with bacteriological methods of warfare against a state if that state or any of its allies fails to respect the prohibitions of the Protocol. The prohibition concerning bacteriological methods of warfare which the United States has accepted under the Protocol, therefore, proscribes not only the initial but also any retaliatory use of bacteriological methods of warfare. In this connection, the United States considers bacteriological methods of warfare to include not only biological weapons but also toxins, which, although not living organisms and therefore susceptible of being characterized as chemical agents, are generally produced from biological agents. All toxins, however, regardless of the manner of production, are regarded by the United States as bacteriological methods of warfare within the meaning of the proscription of the Geneva Protocol of 1925.
Concerning chemical weapons, the United States considers the Geneva Protocol of 1925 as applying to both lethal and incapacitating chemical agents. Incapacitating agents are those producing symptoms that persist for hours or even days after exposure to the agent has terminated. It is the position of the United States that the Geneva Protocol of 1925 does not prohibit the use in war of either chemical herbicides or riot control agents, which are those agents of a type widely used by governments for law enforcement purposes because they produce, in all but the most unusual circumstances, merely transient effects that disappear within minutes after exposure to the agent has terminated. In this connection, however, the United States has unilaterally renounced, as a matter of national policy, certain uses in war of chemical herbicides and riot control agents (see Exec. Order No. 11850 above). The policy and provisions of Executive Order No. 11850 do not, however, prohibit or restrict the use of chemical herbicides or riot control agents by US armed forces either (1) as retaliation in kind during armed conflict or (2) in situations when the United States is not engaged in armed conflict. Any use in armed conflict of herbicides or riot control agents, however, requires Presidential approval in advance.
The use in war of smoke and incendiary materials is not prohibited or restricted by the Geneva Protocol of 1925.
Page 19. Paragraphs 39, 40, and 41 are superseded as follows:
39. Bombardment of Undefended Places Forbidden
a.
Treaty Provision. The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited. (HR, art. 25.)

b.
Interpretation. An undefended place, within the meaning of Article 25, HR, is any inhabited place near or in a zone where opposing armed forces are in contact which is open for occupation by an adverse party without resistance. In order to be considered as undefended, the following conditions should be fulfilled:

(1) Armed forces and all other combatants, as well as mobile weapons and mobile military equipment, must have been evacuated, or otherwise neutralized;
(2) no hostile use shall be made of fixed military installations or establishments;
(3)
no acts of warfare shall be committed by the authorities or by the population; and,

(4)
no activities in support of military operations shall be undertaken.

b.
Defended Places. Defended places, which are outside the scope of the proscription of Article 25, HR, are permissible objects of attack (including bombardment). In this context, defended places include—

(1) A fort or fortified place.

(3)
A city or town surrounded by detached defense positions, if under the circumstances the city or town can be considered jointly with such defense positions as an indivisible whole.

c.
Military Objectives. Military objectives— i.e., combatants, and those objects which by their nature, location, purpose, or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage—are permissible objects of attack (including bombardment). Military objectives include, for example, factories producing munitions and military supplies, military camps, warehouses storing munitions and military supplies, ports and railroads being used for the transportation of military supplies, and other places that are for the accommodation of troops or the support of military operations. Pursuant to the provisions of Article 25, HR, however, cities, towns, villages, dwellings, or buildings which may be classified as military objectives, but which are undefended (para. 39 b), are not permissible objects of attack.

41. Unnecessary Killing and Devastation
Particularly in the circumstances referred to in the preceding paragraph, loss of life and damage to property incidental to attacks must not be excessive in relation to the concrete and direct military advantage expected to be gained. Those who plan or decide upon an attack, therefore, must take all reasonable steps to ensure not only that the objectives are identified as military objectives or defended places within the meaning of the preceding paragraph but also that these objectives may be attacked without probable losses in lives and damage to property disproportionate to the military advantage anticipated. Moreover, once a fort or defended locality has surrendered, only such further damage is permitted as is demanded by the exigencies of war, such as the removal of fortifications, demolition of military buildings, and destruction of military stores (HR, art. 23, par. (g); GC, art. 53). By Order of the Secretary of the Army:
FRED C. WEYAND
General, United States Army Official: Chief of Staff
PAUL T. SMITH Major General, United States Army The Adjutant General
Distribution:
Active Army, ARNG, USAR: To be distributed in accordance with DA Form 12–11B,
requirements for the Law of Land Warfare.

FOREWORD

A list of the treaties relating to the conduct of land warfare which have been ratified by the United States, with the abbreviated titles used in this Manual, is set forth on page iii. The official English texts or a translation of the principal treaty provisions are quoted verbatim in bold type in the relevant paragraphs throughout the Manual. It should be noted, however, that the official text of the Hague Conventions of 18 October 1907 is the French text which must be accepted as controlling in the event of a dispute as to the meaning of any provision of these particular conventions. (See TM 27251.)
The 1949 Geneva Conventions for the Protection of War Victims have been ratified by the United States and came into force for this country on 2 February 1956. The effect of these four conventions upon previous treaties to which the United States is a party is discussed in detail in paragraph 5 of the text. Each of the Hague Conventions of 1899 and 1907 and each of the Geneva Conventions of 1864, 1906, and 1929 will, of course, continue in force as between the United States and such of the other parties to the respective conventions as have not yet ratified or adhered to the later, superseding convention(s) governing the same subject matter. Moreover, even though States may not be parties to, or strictly bound by, the 1907 Hague Conventions and the 1929 Geneva Convention relative to the Treatment of Prisoners of War, the general principles of these conventions have been held declaratory of the customary law of war to which all States are subject. For this reason, the United States has adopted the policy of observing and enforcing the terms of these conventions in so far as they have not been superseded by the 1949 Geneva Conventions which necessarily govern the relations between the parties to the latter (see paras. 6 and 7 of the text).
The essential provisions of each of the earlier conventions mentioned above have been substantially incorporated into the more recent and more comprehensive conventions on the same subject matter, so that observance of the latter will usually include observance of the former. For this reason, only the more recent 1949 Geneva Conventions and the relevant provisions of the 1907 Hague Conventions are quoted in this Manual. Pertinent information concerning the current status of ratifications, adherences, reservations, and denunciations (withdrawals) will be transmitted by higher authority to commanders in the field, as occasions, arise, thus rendering unnecessary the inclusion of such data in this Manual, and avoiding the frequent changes that such inclusion would entail. Whenever possible, this Manual should be used in conjunction with TM 27-251, Treaties Governing Land Warfare. FM 27-5, Civil Affairs/Military Government, which deals with military government policy and administration, should be consulted in connection with chapter 6 of the present Manual.
ABBREVIATIONS
GWS   Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 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.
GPW 1929   Geneva Convention Relative to the Treatment of Prisoners of War, 27 July 1929. +
GWS 1929   Geneva Convention for the Amelioration of the Condition of the Wounded and Sick of Armies in the Field, 27 July 1929.
H. III   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.
HR   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.
H. IX   Hague Convention No. IX concerning Bombardment by Naval Forces in Time of War, 18 October 1907.
H. X   Hague Convention No. X for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention, 18 October 1907.
Roerich Pact   Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments, 15
April 1935.

UCMJ   Uniform Code of Military Justice (64 Stat. 108; 50 U.S. C. 551-736).
*FM 27-10

FIELD MANUAL DEPARTMENT OF THE ARMY
NO. 27-10 WASHINGTON 25, D. C., 18 July 1956
THE LAW OF LAND WARFARE
Paragraphs
CHAPTER 1.
BASIC RULES AND PRINCIPLES

Section I.
General 1-14

II.
Protecting Powers 15-19

CHAPTER 2.
HOSTILITIES

Section I.
Commencement of hostilities 20-27

II.
Forbidden conduct with respect to persons–28-32
III.
Forbidden means of waging warfare 33-38

IV.
Bombardments, assaults, and sieges 39-47

V.
Stratagems 48-55

VI.
Treatment of property during combat 56-59

CHAPTER 3.
PRISONERS OF WAR

Section I.
Persons entitled to be treated as prisoners of war;
retained medical personnel 60-71

II.
Persons not entitled to be treated as prisoners of war 72-83

III.
General protection of prisoners of war 84-92

IV.
Beginning of captivity 93-96

V.
Internment of prisoners generally 97-100

VI.
Quarters, food, and clothing 101-105

VII.
Hygiene and medical attention 106-109

VIII.
Religious, intellectual, and physical activities-110-114
IX.
Discipline 115-118

X.
Rank of prisoners of war 119-121

XI.
Transfer of prisoners of war 122-124

XII.
Labor of prisoners of war 125-133

XIII.
Financial resources of prisoners of war 134-144

XIV.
Relations of prisoners of war with the exterior 145-153

XV.
Relations of prisoners of war and the authorities 154-157

XVI.
Penal and disciplinary sanctions 158-184

XVII.
Termination of captivity 185-202

XVIII.
Information bureaus and relief societies for prisoners of war 203-207

CHAPTER 4.
THE WOUNDED AND SICK

Section I.
General provisions 208-214

II.
Wounded and sick 215-219

III.
Medical units, establishments, personnel and transfers 220-237

IV.
The Red Cross emblem 238-245

CHAPTER 5.
CIVILIAN PERSONS

Section I.
General provisions 246-251
II.
General protection of populations against certain
consequences of war   252-265

III.
Provisions common to the territories of the parties to the
conflict and to occupied territories 266-273

IV.
Aliens in the territory of a party to the conflict 274-285

V.
Regulations for the treatment of internees-   286-342
VI.
Information bureaus, central agency, and relief societies 343-350

CHAPTER 6.
OCCUPATION

Section I.
General 351-361

II.
Administration of occupied territory   362-378

III.
Rights of the population of occupied territory-379-387
IV.
Relief 388-392

V.
Treatment of enemy property   393-417

VI.
Services of inhabitants and of officials 418-424

VII.
Public finance   425-431

VIII.
Security of the occupant: penal legislation and procedure   432-448

CHAPTER 7.
NONHOSTILE RELATIONS OF BELLIGERENTS

Section I.
General 449-453

II.
Military passports, safe-conducts, and safe-guards   454-457

III.
Parlementaires 458-468

IV.
Cartels 469

V.
Capitulations   470-478

VI.
Armistices 479-494

CHAPTER 8.
REMEDIES FOR VIOLATION OF INTERNATIONAL LAW;

WAR CRIMES

Section I.
Remedies and reprisals 495-497

II.
Crimes under International law   498-504

III.
Punishment of war crimes 503-508

IV.
Defenses not available 509.-511
CHAPTER 9.
NEUTRALITY

Section I.
General 512-521

II.
Recruiting in neutral territory   522-524

III.
Supplies and services from neutral territory 525-531

IV.
Internment of belligerent forces and tending of wounded
and sick in neutral territory,-532-546
V.
Neutral persons   547-551

VI.
Railway material 552

APPENDIX:   INDEX OF ARTICLES OF THE 1949 GENEVA CONVENTIONS AND THE 1907 HAGUE CONVENTIONS
Index

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding * States Party
Charter of the United Nations X X 192
Convention (III) Relative to the Opening of Hostilities X X 34
Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulation concerning the Laws and Customs of War on Land X X 35
Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land X X 32
Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. Geneva, 17 June 1925. X X X 136
Convention for the Protection of Cultural Property in the Event of Armed Conflict, 14 May 1954. X X 123
Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction X X X 163
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW) X X X 111
Amendment to Article I of the CCW X X 73
Protocol on Non-Detectable Fragments (CCW Protocol I) X X 111
Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (CCW Protocol II) X X X 93
Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended on 3 May 1996 (CCW Amended Protocol II) X X X 93
Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (CCW Protocol III) X X X 106
Protocol on Blinding Laser Weapons (Protocol IV) X X 95
Protocol on Explosive Remnants of War (Protocol V) X X 66
Chemical Weapons Convention, 1993 X X X 188
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction 156
Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick In Armed Forces in the Field X X 194
Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea X X 194
Geneva Convention (III) Relative to the Treatment of Prisoners of War X X 194

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding * States Party
Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War X X X 194
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Additional Protocol I) X 170
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Additional Protocol II) X 165
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III) X X 52
Vienna Convention on the Law of Treaties X 111
International Covenant on Civil and Political Rights X X X 165
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment X X X 146
Rome Statute of the International Criminal Court X† 111

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Charter of the United Nations X X N/A 192

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Convention (III) Relative to the Opening of Hostilities X X N/A 34

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Convention (IV) respecting the Laws and Customs of War on Land and its Annex: Regulation concerning the Laws and Customs of War on Land X X N/A 35

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land X X N/A 32

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. Geneva, 17 June 1925. X X Following treaty text 136

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Convention for the Protection of Cultural Property in the Event of Armed Conflict, 14 May 1954. X X N/A 123

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction X X Following treaty text 163

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (CCW) X X Following treaty text 111

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Amendment to Article 1 of the CCW X X N/A 73

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Protocol on Non-Detectable Fragments (CCW Protocol I) X X N/A 111

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices (CCW Protocol II) X X Following treaty text 93

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (CCW Protocol III) X X Following treaty text 106

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Protocol on Blinding Laser Weapons (Protocol IV) X X N/A 95

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Protocol on Explosive Remnants of War (Protocol V) X X N/A 66

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Chemical Weapons Convention, 1993 X X Following treaty text 188

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction N/A 156

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick In Armed Forces in the Field X X N/A 194

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea X X N/A 194

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Geneva Convention (III) Relative to the Treatment of Prisoners of War X X N/A 194

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War X X Following treaty text 194

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Additional Protocol I) X N/A 170

Fig 1. Model of Identity card
Fig. 2: Distinctive emblems in red on a white ground

Fig 3. Model identity card for civil defence personnel
Fig 4: Blue triangle on an orange background
Fig. 5: International special sign for works and installations containing dangerous forces
Identity Card for Journalists on
Dangerous Professional Missions

c. Basic principles: Article 35, paragraphs 1 and 2.
d. Quarter: Article 40.
e. Parachutists: Article 42.
f. Persons who have taken part. in hostilities: Article 45, paragraph 3, first sentence.
g. Civilians: Articles 51, paragraph 2; 52, paragraphs 1 and 2 (except for the reference to “reprisals”); and 57,

Signatures of Mr. Parks, Lohr, Yodek, and Anderson
Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Additional Protocol II) X N/A 165

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III) X X N/A 52

Article 2 -Indicative use of the Protocol emblem

Article 1 -Distinctive emblem
CHAPTER 1
BASIC RULES AND PRINCIPLES
Section I. GENERAL

1. Purpose and Scope

The purpose of this Manual is to provide authoritative guidance to military personnel on the customary and treaty law applicable to the conduct of warfare on land and to relationships between belligerents and neutral States. Although certain of the legal principles set forth herein have application to warfare at sea and in the air as well as to hostilities on land, this Manual otherwise concerns itself with the rules peculiar to naval and aerial warfare only to the extent that such rules have some direct bearing on the activities of land forces.
This Manual is an official publication of the United States Army. However, those provisions of the Manual which are neither statutes nor the text of treaties to which the United States is a party should not be considered binding upon courts and tribunals applying the law of war. However, such provisions are of evidentiary value insofar as they bear upon questions of custom and practice.
2. Purposes of the Law of War

The conduct of armed hostilities on land is regulated by the law of land warfare which is both written and unwritten. It is inspired by the desire to diminish the evils of war by:
a.   Protecting both combatants and noncombatants from unnecessary suffering;
b. Safeguarding certain fundamental human rights of persons who fall into the hands of the enemy, particularly prisoners of war, the wounded and sick, and civilians; and
c.   Facilitating the restoration of peace.
3.   Basic Principles

a. Prohibitory Effect. The law of war places limits on the exercise of a belligerent’s power in the interests mentioned in paragraph 2 and requires that belligerents refrain from employing any kind or degree of violence which is not actually necessary for military purposes and that they conduct hostilities with regard for the principles of humanity and chivalry.
The prohibitory effect of the law of war is not minimized by “military necessity” which has been defined as that principle which justifies those measures not forbidden by international law which are indispensable for securing the complete submission of the enemy as soon as possible. Military necessity has been generally rejected as a defense for acts forbidden by the customary and conventional laws of war inasmuch as the latter have been developed and framed with consideration for the concept of military necessity.
b. Binding on States and Individuals. The law of war is binding not only upon States as such but also upon individuals and, in particular, the members of their armed forces.
4. Sources
The law of war is derived from two principal sources:

a. Lawmaking Treaties (or Conventions), such as the Hague and Geneva Conventions.
b. Custom. Although some of the law of war has not been incorporated in any treaty or convention to which the United States is a party, this body of unwritten or customary law is firmly established by the custom of nations and well defined by recognized authorities on international law.
Lawmaking treaties may be compared with legislative enactments in the national law of the United States and the customary law of war with the unwritten Anglo-American common law.
5. Lawmaking Treaties

a. Treaties to Which the United States Is a Party. The United States is a party to the following conventions pertinent to warfare on land:
(1)
Hague Convention No. III of 18 October 1907, Relative to the Opening of Hostilities (36 Stat 2259, Treaty Series 598), cited herein as H. III.

(2)
Hague Convention No. IV of 18 October 1907, Respecting the Laws and Customs of War on Land (36 Stat. 2277; Treaty Series 539), cited herein as H. IV, and the Annex thereto, embodying the

Regulations Respecting the Laws and Customs of War on Land (36 Stat.1 2295; Treaty Series 539), cited herein as HR.
(3)
Hague Convention No. V of 18 October 1907, Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land (36 Stat. 2310; Treaty Series 540), cited herein as H. V.

(4)
Hague Convention No. IX of 18 October 1907, Concerning Bombardment by Naval Forces in Time of War (36 Stat. 2351; Treaty Series 542), cited herein as H. IX.

(5)
Hague Convention No. X of 18 October 1907, for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention (36 Stat. 2371; Treaty Series No. 543), cited herein as H. X.

(6)
Geneva Convention Relative to the Treatment of Prisoners of War of 27 July 1929 (47 Stat. 2021; Treaty Series 846), cited herein as GPW 1929.

(7)
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick of Armies in the Field of 27 July 1929 (47 Stat. 2074; Treaty Series 847), cited herein as GWS 1929.

(8)
Treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments of 15 April 1935 (49 Stat. 3267; Treaty Series 899), cited herein as the Roerich Pact. Only the United States and a number of the American Republics are parties to this treaty.

(9)
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949 (T. I. A. S.23362), cited herein as GWS.

(10)
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949 (T. I. A. S. 3363), cited herein as GWS Sea.

(11)
Geneva Convention Relative to the Treatment of Prisoners of War of 12 August 1949 (T. I. A. S. 3364), cited herein as GPW.

(12)
Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949

(T. I. A. S. 3365), cited herein as GC.

b. Effect of the Geneva Convention of 1949. GWS replaces the previous Geneva Wounded and Sick Conventions of 22 August 1864, 6 July 1906, and 27 July 1929 in relations between parties to GWS (see GWS, art. 59). GWS Sea replaces Hague Convention No. X of 18 October 1907, for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906 in relations between parties to GWS Sea (see GWS Sea, art. 58). GPW replaces GPW 1929 in relations between parties to GPW (see GPW, art. 134) ; in relations between parties to H. IV and the corresponding convention of 1899 and which are also parties to GPW, it is complementary to Chapter II of the HR (see GPW, art. 135). GC, in relations between parties to H. IV and the corresponding convention of 1899, is supplementary to Sections II and III of the HR (see GC, art. 154).
6. Custom
Evidence of the customary law of war, arising from the general consent of States, may be found in judicial decisions, the writings of jurists, diplomatic correspondence, and other documentary material concerning the practice of States. Even though individual States may not be parties to or otherwise strictly bound by H. IV and GPW 1929, the former convention and the general principles of the latter have been held to be declaratory of the customary law of war, to which all States are subject.
The Preamble to the HR specifically provides:

Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.
Similarly, a common article of the Geneva Conventions of 1949 (GWS, art. 63; GWS Sea, art. 62; GPW, art. 142; GC, art. 158) provides that the denunciation of (withdrawal from) any of the Geneva Conventions of 1949, * * * shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience.
7. Force of the Law of War
a. Technical Force of Treaties and Position of the United States. Technically, each of the lawmaking treaties regarding the conduct of warfare is, to the extent established by its terms, binding only between the States that have ratified or acceded to, and have not thereafter denounced (withdrawn from), the treaty or convention and is binding only
to the extent permitted by the reservations, if any, that have accompanied such ratification or accession on either side. The treaty provisions quoted in this manual in bold-face type are contained in treaties which have been ratified without reservation, except as otherwise noted, by the United States.
These treaty provisions are in large part. but formal and specific applications of general principles of the unwritten law. While solemnly obligatory only as between the parties thereto, they may be said also to represent modern international public opinion as to how belligerents and neutrals should conduct themselves in the particulars indicated.
For these reasons, the treaty provisions quoted herein will be strictly observed and enforced by United States forces without regard to whether they are legally binding upon this country. Military commanders will be instructed which, if any, of the written rules herein quoted are not legally binding as between the United States and each of the States immediately concerned, and which, if any, for that reason are not for the time being to be observed or enforced.
b.
Force of Treaties Under the Constitution. Under the Constitution of the United States, treaties constitute part. of the “supreme Law of the Land” (art. VI, clause 2). In consequence, treaties relating to the law of war have a force equal to that of laws enacted by the Congress. Their provisions must be observed by both military and civilian personnel with the same strict regard for both the letter and spirit of the law which is required with respect to the Constitution and statutes enacted in pursuance thereof.

c.
Force of Customary Law. The unwritten or customary law of war is binding upon all nations. It will be strictly observed by United States forces, subject only to such exceptions as shall have been directed by competent authority by way of legitimate reprisals for illegal conduct of the enemy (see par. 497). The customary law of war is part. of the law of the United States and, insofar as it is not inconsistent with any treaty to which this country is a party or with a controlling executive or legislative act, is binding upon the United States, citizens of the United States, and other persons serving this country.

8. Situations to Which Law of War Applicable

a. Types of Hostilities. War may be defined as a legal condition of armed hostility between States. While it is usually accompanied by the commission of acts of violence, a state of war may exist prior to or subsequent to the use of force. The outbreak of war is usually accompanied by a declaration of war (see par. 20).
Instances of armed conflict without declaration of war may include, but are not necessarily limited to, the exercise of armed force pursuant to a recommendation, decision, or call by the United Nations, in the exercise of the inherent right of individual or collective self-defense against armed attack, or in the performance of enforcement measures through a regional arrangement, or otherwise, in conformity with appropriate provisions of the United Nations Charter.
b.
Customary Law. The customary law of war applies to all cases of declared war or any other armed conflict which may arise between the United States and other nations, even if the state of war is not recognized by one of them. The customary law is also applicable to all cases of occupation of foreign territory by the exercise of armed force, even if the occupation meets with no armed resistance.

c.
Treaties. Treaties governing land warfare are applicable to various forms of war and armed conflict as provided by their terms. The Hague Conventions apply to “war.” Common Article 2 of the Geneva Conventions of 1949 states:

In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall further-more be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. (GWS, GWS Sea, GPW, GC, art. 2.)
d. Special Case of Civil Wars. See paragraph 11.

9. Applicability of Law of Land Warfare in Absence of a Declaration of War
As the customary law of war applies to cases of international armed conflict and to the forcible occupation of enemy territory generally as well as to declared war in its strict sense, a declaration of war is not an essential condition of the application of this body of law. Similarly, treaties relating to “war” may become operative notwithstanding the absence of a formal declaration of war.
10. When Law of Land Warfare Ceases To Be Applicable
The law of land warfare generally ceases to be applicable upon:
a. The termination of a war by agreement, normally in the form of a treaty of peace; or
b.
The termination of a war by unilateral declaration of one of the parties, provided the other party does not continue hostilities or other-wise decline to recognize the act of its enemy; or

c. The complete subjugation of an enemy State and its allies, if prior to a or b; or

d.
The termination of a declared war or armed conflict by simple cessation of hostilities. However, certain designated provisions of the Geneva Conventions of 1949 (see GC, art. 6; par 249 herein) continue to be operative, notwithstanding the termination of any antecedent hostilities, during the continuance of a military occupation. Insofar as the unwritten law of war and the Hague Regulations extend certain fundamental safeguards to the persons and property of the populations of occupied territory, their protection continues until the termination of any occupation having its origin in the military supremacy of the occupant, notwithstanding the fact the Geneva Convention relative to the

Protection of Civilian Persons may have ceased to be applicable.
11. Civil War
a. Customary Law. The customary law of war becomes applicable to civil war upon recognition of the rebels as belligerents.
b. Geneva Conventions of 1949.

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
(1)
Persons taking no active part. in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a)
violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b)
taking of hostages;

(2)
The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part. of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. (GWS, GPW, GWS, Sea, GC, art. 3.)
12. Military Government and Martial Law Distinguished
In the practice of the United States, military government is the form of administration which may be established and maintained for the government of areas of the following types that have been subjected to military occupation:
a. Enemy territory.

b.
Allied territory recovered from enemy occupation, when that territory has not been made the subject of a civil affairs agreement (see par. 354).

c.
Other territory liberated from the enemy, such as neutral territory and areas unlawfully incorporated by the enemy into its own territory, when that territory has not been made the subject of a civil affairs agreement.

d. Domestic territory recovered from rebels treated as belligerents.
Although military government is an accepted concept in the law of the United States, the limits placed upon its exercise are prescribed by the international law of belligerent occupation. Other countries exercise jurisdiction in occupied areas through types of administration analogous to military government even though they may be designated by other names.
In the United States, martial law is the temporary government of the civil population of domestic territory through the military forces, without the authority of written law, as necessity may require. The most prominent distinction between military government, as that term is used herein, and martial law is that the former is generally exercised in the territory of, or territory formerly occupied by, a hostile belligerent and is subject to restraints imposed by the international law of belligerent occupation, while the latter is invoked only in domestic territory, the local government and inhabitants of which are not treated or recognized as belligerents, and is governed solely by the domestic law of the United States.
So far as the United States forces are concerned, military government and martial law are exercised by the military commander under the direction of the President, as Commander in Chief of the Armed Forces.
13. Military Jurisdiction

Military jurisdiction is of two kinds: first, that which is conferred by that branch of a country’s municipal law which regulates its military establishment; second, that which is derived from international law, including the law of war. In the Army of the United States, military jurisdiction is exercised through the following military tribunals:
a.
Courts-martial.

b.
Military commissions.

c.
Provost courts.

d.
Other military tribunals.

While general courts-martial have concurrent jurisdiction with military commissions, provost courts, and other types of military tribunals to try any offender who by the law of war is subject to trial by military tribunals (UCMJ, art. 18), it has generally been held that military commissions and similar tribunals have no jurisdiction of such purely military offenses specified in the Uniform Code of Military Justice as are expressly made punishable by sentence of court-martial (except where the military commission is also given express statutory authority over the offense (UCMJ, arts. 104, 106)). In practice, offenders who are not subject to the Uniform Code of Military Justice but who by the law of war are subject to trial by military tribunals, are tried by military commissions, provost courts, or other forms of military tribunals.
In areas occupied by United States forces, military jurisdiction over individuals, other than members of the Armed Forces, who are charged with violating legislation or orders of the occupant is usually exercised by military government courts. Although sometimes designated by other names, these tribunals are actually military commissions. They sit in and for the occupied area and thus exercise their jurisdiction on a territorial basis.
14. Dissemination of the 1949 Geneva Conventions
a. Wounded and Sick Convention; Wounded and Sick at Sea Convention.
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains. (GWS, art. 47, GWS Sea, art. 48.)
b. Prisoners of War Convention.

The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population. Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of-protected persons, must possess the text of the Convention and be specially instructed as to its provisions. (GC, art. 144.)
Section II. PROTECTING POWERS
15. Protecting Powers

The Geneva Conventions of 1949 contain certain common provisions regarding the safeguarding of the interests of the belligerents by nations designated as “Protecting Powers.” These provisions are set forth in the following paragraphs.
16. Functions of Protecting Powers
a. Treaty Provision.

The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart. from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible, the task of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. (GWS, art. 8; GWS Sea, art. 8; GPW, art. 8; GC, art. 9.)
b. Article 8, GWS and GWS Sea, contains the following additional provision:
Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities.
Except as specifically provided otherwise by GPW and GC, the activities of representatives or delegates of the Protecting Powers under these conventions may not be restricted even in case of imperative military necessity.
17. Activities of the International Committee of the Red Cross
The provisions of the present Convention [s] constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of [persons protected by the convention] and for their relief. (GWS art. 9; GWS Sea, art. 9; GPW, art. 9; GC, art. 10.)
18. Substitutes for Protecting Powers
The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When * * * [persons protected by the convention] do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such, an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article. (GWS, art. 10; GWS Sea, art. 10; GPW, art. 10; GC, art. 11.)
19. Conciliation Procedure
In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for * * * [persons protected by the convention] possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part. in such a meeting. (GWS, art. 11; GWS Sea, art. 11; GPW, art. 11; GC, art. 12.)
CHAPTER 2
HOSTILITIES
Section I. COMMENCEMENT OF HOSTILITIES

20. Declaration of War Required
a. Treaty Provision.

The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war. (H. III, art. 1.)
b. Surprise Still Possible. Nothing in the foregoing rule requires that any particular length of time shall elapse between a declaration of war and the commencement of hostilities.
21. Notification to Neutrals

The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war. (H. III, art. 2.)
22. When Articles of Hague Convention No. III Effective Between Parties
Article I of the present Convention shall take effect in case of war between two or more of the Contracting Powers.
Article II is binding as between a belligerent Power which is a party to the Convention and neutral Powers which are also parties to the Convention. (H. III, art. 3.)
23. Present Effect of Foregoing Rules

The Charter of the United Nations makes illegal the threat or use of force contrary to the purpose of the United Nations. It requires members of the organization to bring about by peaceful means adjustment or settlement of international disputes or situations which might lead to a breach of the peace. However, a nonmember nation or a member nation which violates these provisions of the Charter commits a further breach of international law by commencing hostilities without a declaration of war or a conditional ultimatum as required by the foregoing articles of Hague Convention No. III. Conversely, a State which resorts to war in violation of the Charter will not render its acts of aggression or breach of the peace any the less unlawful by formally declaring war.
24. Constitutional Provision

Article 1, section 8, clause 11, of the United States Constitution provides that “The Congress shall have power *** to declare War.” The law of war may, however, be applicable to an international conflict, notwithstanding the absence of a declaration by the Congress. (See paras. 8 and 9, concerning the situations to which the law of war has application.)
25. Enemy Status of Civilians

Under the law of the United States, one of the consequences of the existence of a condition of war between two States is that every national of the one State becomes an enemy of every national of the other. However, it is a generally recognized rule of international law that civilians must not be made the object of attack directed exclusively against them.
26. Effect on Enemy Aliens

Enemy aliens located or resident in United States territory are not necessarily made prisoners or interned en masse on the breaking out of hostilities. Such persons may be allowed to leave the United States if their departure is consistent with national interest (GC, art. 35; par. 274 herein). If the security of the United States makes it absolutely necessary, enemy aliens may be placed in assigned residence or internment (GC, art. 42; par. 281 herein). Measures of control are normally taken with respect to at least persons known to be active or reserve members of a hostile army, persons who would be liable to service in the enemy forces, and persons who it is expected would furnish information or other aid to a hostile State. (See ch. V, sec. IV, concerning the treatment of aliens in the territory of a party to the conflict.)
27. Expulsion
In modern practice at the outbreak of hostilities the expulsion of the citizens or subjects of the enemy is generally decreed from sea-ports, the area surrounding airbases, airports, and fortified places, areas of possible attack, and the actual or contemplated theaters of operation. When expulsion is decreed, the persons expelled should be given such reasonable notice, consistent with public safety, as will enable them to arrange for the collection, disposal, and removal of their goods and property and for the settlement of their personal affairs. Such persons do not, however, benefit from the provisions of Articles 41 through 45, GC (paras. 280-284).
Section II. FORBIDDEN CONDUCT WITH RESPECT TO PERSONS
28. Refusal of Quarter
It is especially forbidden * * * to declare that no quarter will be given. (HR, art. 23, par. (d).)
29. Injury Forbidden After Surrender
It is especially forbidden * * * to kill or wound an enemy who, having laid down his arms, or having no longer means of defense, has surrendered at discretion. (HR, art. 23, par. (c).)
30. Persons Descending by Parachute
The law of war does not prohibit firing upon paratroops or other persons who are or appear to be bound upon hostile missions while such persons are descending by parachute. Persons other than those mentioned in the preceding sentence who are descending by parachute from disabled aircraft may not be fired upon.
31. Assassination and Outlawry
HR provides:

It is especially forbidden * * * to kill or wound treacherously individuals belonging to the hostile nation or army. (HR, art. 23, para. (b).)
This article is construed as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy’s head, as well as offering a reward for an enemy “dead or alive”. It does not, however, preclude attacks on individual soldiers or officers of the enemy whether in the zone of hostilities, occupied territory, or elsewhere.
32. Nationals Not To Be Compelled to Take Part in Operations Against Their Own Country
A belligerent is likewise forbidden to compel the nationals of the hostile party to take part. in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war. (HR, art. 23, 2d par.)
Section III. FORBIDDEN MEANS OF WAGING WARFARE
33. Means of Injuring the Enemy Limited
a. Treaty Provision.

The right of belligerents to adopt means of injuring the enemy is not unlimited. (HR, art. 22.)
b. The means employed are definitely restricted by international declarations and conventions and by the laws and usages of war.
34. Employment of Arms Causing Unnecessary Injury
a. Treaty Provision.

It is especially forbidden * * * to employ arms, projectiles, or material calculated to cause unnecessary suffering. (HR, art. 23, par. (e).)
b. Interpretation. What weapons cause “unnecessary injury” can only be determined in light of the practice of States in refraining from the use of a given weapon because it is believed to have that effect. The prohibition certainly does not extend to the use of explosives contained in artillery projectiles, mines, rockets, or hand grenades. Usage has, however, established the illegality of the use of lances with barbed heads, irregular-shaped bullets, and projectiles filled with glass, the use of any substance on bullets that would tend unnecessarily to inflame a wound inflicted by them, and the scoring of the surface or the filing off of the ends of the hard cases of bullets.
35. Atomic Weapons

The use of explosive “atomic weapons,” whether by air, sea, or land forces, cannot as such be regarded as violative of international law in the absence of any customary rule of international law or international convention restricting their employment.
36. Weapons Employing Fire

The use of weapons which employ fire, such as tracer ammunition, flame throwers, napalm and other incendiary agents, against targets requiring their use is not violative of international law. They should not, however, be employed in such a way as to cause unnecessary suffering to individuals.
37. Poison
a. Treaty Provision.

It is especially forbidden * * * to employ poison or poisoned weapons. (HR, art. 23, par. (a). )
b. Discussion of Rule. The foregoing rule does not prohibit measures being taken to dry up springs, to divert rivers and aqueducts from their courses, or to destroy, through chemical or bacterial agents harmless to man, crops intended solely for consumption by the armed forces (if that fact can be determined).
38. Gases, Chemicals, and Bacteriological Warfare
The United States is not a party to any treaty, now in force, that prohibits or restricts the use in warfare of toxic or nontoxic gases, of smoke or incendiary materials, or of bacteriological warfare. A treaty signed at Washington, 6 February 1922, on behalf of the United States, the British Empire, France, Italy, and Japan (3 Malloy, Treaties 3116) contains a provision (art. V) prohibiting “The use in war of asphyxiating, poisonous or other gases, and all analogous liquids, materials, or devices,” but that treaty was expressly conditioned to become effective only upon ratification by all of the signatory powers, and, not having been ratified by all of the signatories, has never become effective. The Geneva Protocol “for the prohibition of the use in war of asphyxiating, poisonous, or other gases, and of bacteriological methods of warfare,“ signed on 17 June 1925, on behalf of the United States and many other powers (94 League of Nations Treaty Series 65), has been ratified or adhered to by and is now effective between a considerable number of States. However, the United States Senate has refrained from giving its advice and consent to the ratification of the Protocol by the United States, and it is accordingly not binding on this country.
Section IV. BOMBARDMENTS, ASSAULTS, AND SIEGES
39. Bombardment of Undefended Places Forbidden
The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended is prohibited. (HR, art. 25.)
40. Defended Place Defined

Investment, bombardment, assault, and siege have always been recognized as legitimate means of land warfare. Defended places in the sense of Article 25, HR, include:
a. A fort or fortified place.

b.
A city or town surrounded by detached defense positions, which is considered jointly with such defense positions as an indivisible whole.

c.
A place which is occupied by a combatant military force or through which such a force is passing. The occupation of such a place by medical units alone is not sufficient to make it a defended place.

Factories producing munitions and military supplies, military camps, warehouses storing munitions and military supplies, ports and railroads being used for the transportation of military supplies, and other places devoted to the support of military operations or the accommodation of troops may also be attacked and bombarded even though they are not defended.
41. Unnecessary Killing and Devastation

Particularly in the circumstances referred to in the preceding paragraph, loss of life and damage to property must not be out of pro-portion to the military advantage to be gained. Once a fort or defended locality has surrendered, only such further damage is permitted as is demanded by the exigencies of war, such as the removal of fortifications, demolition of military buildings, and destruction of stores (GC, art. 147; par. 502 herein).
42. Aerial Bombardment
There is no prohibition of general application against bombardment from the air of combatant troops, defended places, or other legitimate military objectives.
43. Notice of Bombardment
a. Treaty Provision.

The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities. (HR, art. 26.)
b.
Application of Rule. This rule is understood to refer only to bombardments of places where parts of the civil population remain.

c.
When Warning is To Be Given. Even when belligerents are not subject to the above treaty, the commanders of United States ground forces will, when the situation permits, inform the enemy of their intention to bombard a place, so that the noncombatants, especially the women and children, may be removed before the bombardment commences.

In sieges and bombardments all necessary measures must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.
It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand. (HR, art. 27.) (See also GC, arts. 18 and 19; paras. 257 and 258 herein, dealing with the identification and protection of civilian hospitals.)
b. Areas To Be Protected. In order to protect buildings used for medical purposes from being accidentally hit, it is desirable that the wounded and sick should, if possible, be concentrated in an area remote from military objectives or in an area neutralized by arrangement with the enemy. (See GC, arts. 14, 18, and 19; paras. 253, 257, and 258 herein, concerning the establishment of hospital and safety zones and localities.)
46. Such Buildings to Display Sign Specified in Naval Treaty
a. Treaty Provision.

It is the duty of the inhabitants to indicate such monuments, edifices, or places by visible signs, which shall consist of large stiff rectangular panels divided diagonally into two colored triangular portions, the upper portion black, the lower portion white. (H. IX, art. 5, 2d par.)
b. Application of Rule. The foregoing rule adopted in this convention for naval warfare may be adopted for protecting buildings under bombardment in land warfare.
c. Use of Foregoing for Military Purposes. The besieging forces are not required to observe the signs indicating inviolability of buildings that are known to be used for military purposes, such as quarters, warehouses, observation posts, or signal installations.
47. Pillage Forbidden

The pillage of a town or place, even when taken by assault, is prohibited. (HR, art. 28.)
Section V. STRATAGEMS
48. Stratagems Permissible

Ruses of war and the employment of measures necessary for obtaining information about the enemy and the country are considered permissible. (HR, art. 24.)
49. Good Faith

Absolute good faith with the enemy must be observed as a rule of conduct; but this does not prevent measures such as using spies and secret agents, encouraging defection or insurrection among the enemy civilian population, corrupting enemy civilians or soldiers by bribes, or inducing the enemy’s soldiers to desert, surrender, or rebel. In general, a belligerent may resort to those measures for mystifying or misleading the enemy against which the enemy ought to take measures to protect himself.
50. Treachery or Perfidy

Ruses of war are legitimate so long as they do not involve treachery or perfidy on the part. of the belligerent resorting to them. They are, however, forbidden if they contravene any generally accepted rule.
The line of demarcation between legitimate ruses and forbidden acts of perfidy is sometimes indistinct, but the following examples indicate the correct principles. It would be an improper practice to secure an advantage of the enemy by deliberate lying or misleading conduct which involves a breach of faith, or when there is a moral obligation to speak the truth. For example, it is improper to feign surrender so as to secure an advantage over the opposing belligerent thereby. So similarly, to broadcast to the enemy that an armistice had been agreed upon when such is not the case would be treacherous. On the other hand, it is a perfectly proper ruse to summon a force to surrender on the ground that it is surrounded and thereby induce such surrender with a small force.
Treacherous or perfidious conduct in war is forbidden because it destroys the basis for a restoration of peace short of the complete annihilation of one belligerent by the other.
51. Legitimate Ruses

Among legitimate ruses may be counted surprises, ambushes, feigning attacks, retreats, or flights, simulating quiet and inactivity, use of small forces to simulate large units, transmitting false or misleading radio or telephone messages, deception of the enemy by bogus orders purporting to have been issued by the enemy commander, making use of the enemy’s signals and passwords, pretending to communicate with troops or reinforcements which have no existence, deceptive supply movements, deliberate planting of false information use of spies and secret agents, moving landmarks, putting up dummy guns and vehicles or laying dummy mines, erection of dummy installations and airfields, removing unit identifications from uniforms, use of signal deceptive measures, and psychological warfare activities.
52. Improper Use of Identifying Devices

It is especially forbidden * * * to make improper use of a flag of truce, of the national flag, or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention. (HR, art. 23, par. (f).)
53. Flags of Truce

Flags of truce must not be used surreptitiously to obtain military information or merely to obtain time to effect a retreat or secure re-enforcements or to feign a surrender in order to surprise an enemy. An officer receiving them is not on this account absolved from the duty of exercising proper precautions with regard to them.
54. National Flags, Insignia, and Uniforms as a Ruse
In practice, it has been authorized to make use of national flags, insignia, and uniforms as a ruse. The foregoing rule (HR, art. 23, par. (f) ) does not prohibit such employment, but does prohibit their improper use. It is certainly forbidden to employ them during combat, but their use at other times is not forbidden.
55. Improper Use of Distinctive Emblem of Geneva Convention
The use of the emblem of the Red Cross and other equivalent insignia must be limited to the indication or protection of medical units and establishments, the personnel and material protected by GWS and other similar conventions. The following are examples of the improper use of the emblem: Using a hospital or other building accorded such protection as an observation post or military office or depot; firing from a building or tent displaying the emblem of the Red Cross; using a hospital train or airplane to facilitate the escape of combatants; displaying the emblem on vehicles containing ammunition or other nonmedical stores; and in general using it for cloaking acts of hostility.
Section VI. TREATMENT OF PROPERTY DURING COMBAT
56. Devastation
The measure of permissible devastation is found in the strict necessities of war. Devastation as an end in itself or as a separate measure of war is not sanctioned by the law of war. There must be some reasonably close connection between the destruction of property and the overcoming of the enemy’s army. Thus the rule requiring respect for private property is not violated through damage resulting from operations, movements, or combat activity of the army; that is, real estate may be used for marches, camp sites, construction of field fortifications, etc. Buildings may be destroyed for sanitary purposes or used for shelter for troops, the wounded and sick and vehicles and for reconnaissance, cover, and defense. Fences, woods, crops, buildings, etc., may be demolished, cut down, and removed to clear a field of fire, to clear the ground for landing fields, or to furnish building materials or fuel if imperatively needed for the army. (See GC, art. 53; par. 339b; herein, concerning the permissible extent of destruction in occupied areas.)
57. Protection of Artistic and Scientific Institutions and Historic Monuments
The United States and certain of the American Republics are parties to the so-called Roerich Pact, which accords a neutralized and protected status to historic monuments, museums, scientific, artistic, educational, and cultural institutions in the event of war between such States. (For its text, see 49 Stat. 3267; Treaty Series No. 899.)
58. Destruction and Seizure of Property
It is especially forbidden * * * to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war (HR, art. 23, par. (g).)
59. Booty of War
a.
Public Property. All enemy public movable property captured or found on a battlefield becomes the property of the capturing State.

b.
Private Property. Enemy private movable property, other than arms, military papers, horses, and the like captured or found on a battlefield, may be appropriated only to the extent that such taking is permissible in occupied areas (see paras. 405-411).

c.
Prisoners of War. The property which prisoners of war are to be allowed to retain is specified in Article 18, GPW (par. 94).

CHAPTER 3
PRISONERS OF WAR
Section I. PERSONS ENTITLED TO BE TREATED AS PRISONERS OF
WAR; RETAINED MEDICAL PERSONNEL

60. General Division of Enemy Population

The enemy population is divided in war into two general classes:
a. Persons entitled to treatment as prisoners of war upon capture, as defined in Article 4, GPW (par. 61).
b. The civilian population (exclusive of those civilian persons listed in GPW, art. 4), who benefit to varying degrees from the provisions of GC (see chs. 5 and 6 herein). Persons in each of the foregoing categories have distinct rights, duties, and disabilities. Persons who are not members of the armed forces, as defined in Article 4, GPW, who bear arms or engage in other conduct hostile to the enemy thereby deprive themselves of many of the privileges attaching to the members of the civilian population (see sec. II of this chapter).
61. Prisoners of War Defined

a. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
(1)
Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part. of such armed forces.

(a)
that of being commanded by a person responsible for his subordinates;

(b)
that of having a fixed distinctive sign recognizable at a distance;

(d)
that of conducting their operations in accordance with the laws and customs of war.

(3)
Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

(4)
Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labor units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

(5)
Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment under any other provisions of international law.

(6)
Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading force, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

b. The following shall likewise be treated as prisoners of war under the present Convention:

(2)
The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under inter-national law, without prejudice to any more favorable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.

c.
This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. (GPW, art. 4.)

62. Combatants and Noncombatants

The armed forces of the belligerent parties may consist of combatants and noncombatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war. (HR, art. 3.)
63. Commandos and Airborne Troops
Commando forces and airborne troops, although operating by highly trained methods of surprise and violent combat, are entitled, as long as they are members of the organized armed forces of the enemy and wear uniform, to be treated as prisoners of war upon capture, even if they operate singly.
64. Qualifications of Members of Militias and Volunteer Corps
The requirements specified in Article 4, paragraphs A (2) (a) to (d), GPW (par. 61) are satisfied in the following fashion:
a.
Command by a Responsible Person. This condition is fulfilled if the commander of the corps is a commissioned officer of the armed forces or is a person of position and authority or if the members of the militia or volunteer corps are provided with documents, badges, or other means of identification to show that they are officers, non-commissioned officers, or soldiers so that there may be no doubt that they are not persons acting on their own responsibility. State recognition, however, is not essential, and an organization may be formed spontaneously and elect its own officers.

b.
Fixed Distinctive Sign. The second condition, relative to the possession of a fixed distinctive sign recognizable at a distance is satisfied by the wearing of military uniform, but less than the complete uniform will suffice. A helmet or headdress which would make the silhouette of the individual readily distinguishable from that of an ordinary civilian would satisfy this requirement. It is also desirable that the individual member of the militia or volunteer corps wear a badge or brassard permanently affixed to his clothing. It is not necessary to inform the enemy of the distinctive sign, although it may be desirable to do so in order to avoid misunderstanding.

c.
Carrying Arms Openly. This requirement is not satisfied by the carrying of weapons concealed about the person or if the individuals hide their weapons on the approach of the enemy.

d.
Compliance With Law of War. This condition is fulfilled if most of the members of the body observe the laws and customs of war, notwithstanding the fact that the individual member concerned may have committed a war crime. Members of militias and volunteer corps should be especially warned against employment of treachery, denial of quarters, maltreatment of prisoners of war, wounded, and dead, improper conduct toward flags of truce, pillage, and unnecessary violence and destruction.

65. The Levée en Masse
If the enemy approaches an area for the purpose of seizing it, the inhabitants, if they defend it, are entitled to the rights of regular combatants as a levée en masse (see GPW, art. 4, par. A (6); par. 61 herein), although they wear no distinctive sign. In such a case all the inhabitants of the area maybe considered legitimate enemies until the area is taken. Should some inhabitants of a locality thus take part. in its defense, it might be justifiable to treat all the males of military age as prisoners of war. Even if inhabitants who formed the levée en masse lay down their arms and return to their normal activities, they may be made prisoners of war.
66. Wounded and Sick
Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. (GWS, art. 14.)
67. Medical Personnel and Chaplains
Medical personnel exclusively engaged in the search for, or collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the ad-ministration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances. (GWS, art. 24.)
Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of and religious ministration to prisoners of war. They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions:
(a) They shall be authorized to visit periodically prisoners f war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport.
(b)
The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of the camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions.

During hostilities the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view. (GPW, art. 33.)(See also GWS, arts. 27 and 32; paras. 229 and 233 herein.)
68. Persons Temporarily Performing Medical Functions
Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses, or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick * * * who have fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises. (GWS, arts. 25 and 29.)
69. Personnel of Aid Societies

The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by their Governments, who may be employed on the same duties as the personnel named in Article 24, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations.
Each High Contracting Party shall notify to the other, either in time of peace, or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibility, to render assistance to the regular medical service of its armed forces. (GWS, art. 26.)
70. Enumeration Not Exhaustive

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

The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal. (GPW, art. 5.)
b.
Interpretation. The foregoing provision applies to any person not appearing to be entitled to prisoner-of-war status who has committed a belligerent act or has engaged in hostile activities in aid of the armed forces and who asserts that he is entitled to treatment as a prisoner of war or concerning whom any other doubt of a like nature exists.

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

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

Section II. PERSONS NOT ENTITLED TO BE TREATED AS PRISONERS OF WAR
72. Certain Persons in Occupied Areas
Persons in occupied areas not falling within the categories set forth in Article 4, GPW (par. 61), who commit acts hostile to the occupant or prejudicial to his security are subject to a special regime, concerning which see chapter 6, section VIII. The provisions of the present section must, in the case of offenses committed in occupied territory, be read subject to the qualifications set forth in chapter 6, section VIII (for example, the limitation on punishments prescribed by GC, art. 68; par. 438 herein).
73. Persons Committing Hostile Acts Not Entitled To Be Treated as Prisoners of War
If a person is determined by a competent tribunal, acting in conformity with Article 5, GPW (par. 71), not to fall within any of the categories listed in Article 4, GPW (par. 61), he is not entitled to be treated as a prisoner of war. He is, however, a “protected person” within the meaning of Article 4, GC (par. 247). (See paras. 247 and 248, concerning the status of such “protected persons” who have engaged in conduct hostile to the opposing belligerent.)
74. Necessity of Uniform
Members of the armed forces of a party to the conflict and members of militias or volunteer corps forming part. of such armed forces lose their right to be treated as prisoners of war whenever they deliberately conceal their status in order to pass behind the military lines of the enemy for the purpose of gathering military information or for the purpose of waging war by destruction of life or property. Putting on civilian clothes or the uniform of the enemy are examples of concealment of the status of a member of the armed forces.
75. Spies
a Treaty Provision.

A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavors to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.
Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, intrusted with the delivery of despatches intended either for their own army or for the enemy’s army. To this class belong likewise persons sent in balloons for the purpose of carrying dispatches and, generally, of maintaining communications between the different parts of an army or a territory. (HR, art. 29.)
b. American Statutory Definition. The first paragraph of the foregoing Hague Regulation has been in effect somewhat modified, as far as American practice is concerned, by the subsequently enacted Article 106 of the Uniform Code of Military Justice (64 Stat. 138; 50 U. S. C. 700), as follows:
Art. 106. Spies.—Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces of the United States, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death.
c. Article 106 Governs. Insofar as Article 29, HR, and Article 106, Uniform Code of Military Justice, are not in conflict with each other, they will be construed and applied together. Otherwise Article 106 governs American practice.
76. Who Included in Definition
The definition embodied in the Hague Regulations (par. 75 a) and that contained in Article 106 of the Uniform Code of Military Justice (par. 75 b) include persons of all classes, whether military or civilian, without regard to citizenship or sex. Both likewise apply only where the acts are committed in time of war. The Hague definition applies only where the information is obtained or sought ‘in the zone of operations,” while the statutory definition is not so limited. The latter includes only persons “found lurking as a spy or acting as a spy” in those places specifically designated “or elsewhere.” It has not been decided whether the phrase “or elsewhere” justifies trial by a military tribunal of any person who is not found in one of the places designated or in the field of military operations or territory under martial law and is not a member of the armed forces or other-wise subject to the Uniform Code of Military Justice. Persons charged with espionage committed in the United States outside military jurisdiction are nevertheless liable to trial and punishment by the civil courts under the espionage laws (18 U. S. C. (chap. 37)).
77. Employment of Spies Lawful

The foregoing Article 29, HR (par. 75), and Article 24, HR (par. 48), tacitly recognize the well-established right of belligerents to employ spies and other secret agents for obtaining information of the enemy. Resort to that practice involves no offense against inter-national law. Spies are punished, not as violators of the laws of war, but to render that method of obtaining information as dangerous, difficult, and ineffective as possible.
78. Punishment
a. Necessity of Trial.

A spy taken in the act shall not be punished without previous trial. (HR, art. 30.)
b. Attempts. The spy is punishable with death whether or not he succeeds in obtaining information or in conveying it to the enemy.
c. Immunity upon Rejoining Own Army.

A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage. (HR, art. 31.)
79. Aiding the Enemy
a. American Statutory Definition.
Any person who—

(1) aids or attempts to aid, the enemy with arms, ammunition, supplies, money, or other thing; or
(2)
without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct. (UCMJ, Art. 104; 64 Stat. 138; 50 U.S.C. 698.)

b.
Interpretation. In time of war, the rule of the above article is general in its application to all persons whether or not otherwise subject to military law and without regard to citizenship or military or civil status, who give aid to an enemy government or persons adhering to it. It may be that this statute, should it be subjected to judicial interpretation, would be held to authorize the trial of civilians by military tribunals only when the offense had been committed in territory under martial law or military government, or within the zone of military operations, or within areas invaded by the United States, or within or in the vicinity of a military installation, or in a place otherwise subject to military jurisdiction. Cases occurring in the United States outside military jurisdiction are triable by the civil courts under the espionage laws mentioned above (par. 76) and laws relating to treason (18 U.S.C. (chap. 115)).

80. Individuals Not of Armed Forces Who Engage in Hostilities
Persons, such as guerrillas and partisans, who take up arms and commit hostile acts without having complied with the conditions pre-scribed by the laws of war for recognition as belligerents (see GPW, art. 4; par. 61 herein), are, when captured by the injured party, not entitled to be treated as prisoners of war and may be tried and sentenced to execution or imprisonment.
81. Individuals Not of Armed Forces Who Commit Hostile Acts
Persons who, without having complied with the conditions pre-scribed by the laws of war for recognition as belligerents (see GPW, art. 4; par. 61 herein), commit hostile acts about or behind the lines of the enemy are not to be treated as prisoners of war and may be tried and sentenced to execution or imprisonment. Such acts include, but are not limited to, sabotage, destruction of communications facilities, intentional misleading of troops by guides, liberation of prisoners of war, and other acts not falling within Articles 104 and 106 of the Uniform Code of Military Justice and Article 29 of the Hague Regulations.
82. Penalties for the Foregoing

Persons in the foregoing categories who have attempted, committed, or conspired to commit hostile or belligerent acts are subject to the extreme penalty of death because of the danger inherent in their conduct. Lesser penalties may, however, be imposed.
83. Military Attachés and Diplomatic Representatives of Neutral States
Military attachés and diplomatic representatives of neutral States who establish their identity as such and are accompanying an army in the field or are found within a captured fortress, whether within the territory of the enemy or in territory occupied by it, are not held as prisoners, provided that they take no part. in hostilities. They may, however, be ordered out of the theater of war, and, if necessary, handed over by the captor to the ministers of their respective countries. Only if they refuse to quit the theater of war may they be interned.
Section III. GENERAL PROTECTION OF PRISONERS OF WAR
84. Duration of Protection
a. Treaty Provision.

The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation * * *. (GPW, art. 5; see par. 71 herein.)
b. Power of the Enemy Defined. A person is considered to have fallen into the power of the enemy when he has been captured by, or surrendered to members of the military forces, the civilian police, or local civilian defense organizations or enemy civilians who have taken him into custody.
85. Killing of Prisoners
A commander may not put his prisoners to death because their presence retards his movements or diminishes his power of resistance by necessitating a large guard, or by reason of their consuming supplies, or because it appears certain that they will regain their liberty through the impending success of their forces. It is likewise unlawful for a commander to kill his prisoners on grounds of self-preservation, even in the case of airborne or commando operations, although the circumstances of the operation may make necessary rigorous supervision of and restraint upon the movement of prisoners of war.
86. Special Agreements
In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of prisoners of war, as defined by the present Convention, nor restrict the rights which it confers upon them.
Prisoners of war shall continue to have the benefit or such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favorable measures have been taken with regard to them by one or other of the Parties to the conflict. (GPW, art. 6.)
87. Renunciation of Rights Prohibited
a. Treaty Provision.

Prisoners of war may in no circumstances renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. (GPW, art. 7.)
b. Interpretation. Subject to the exception noted in paragraph 199, prisoners of war are precluded from renouncing not only their rights but also their status as prisoners of war, even if they do so voluntarily. The prohibition extends equally to prisoners renouncing their status in order to become civilians or to join the armed forces of the Detaining Power.
88. Responsibility for the Treatment of Prisoners
Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with. (GPW, art. 12.)
89. Humane Treatment of Prisoners

Prisoners of war are entitled in all circumstances to respect for their persons and their honour.
Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favorable as that granted to men.
Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires. (GPW, art. 14.)
91. Maintenance of Prisoners

The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health. (GPW, art. 15.)
92. Equality of Treatment
a. Treaty Provision.

Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. (GPW, art. 16.)
b. The foregoing provision does not preclude the segregation of prisoners of war to maintain order in camps, to impose punishment, or for medical reasons. (See GPW, art. 79, 5th par.; par. 155 herein.)
Section IV. BEGINNING OF CAPTIVITY
93. Questioning of Prisoners

Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this equivalent information.
If he willfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status.
Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him.
No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.
Prisoners of war who, owing to their physical or mental condition, are unable to state their identity, shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph.
The questioning of prisoners of war shall be carried out in a language which they understand. (GPW, art. 17.)
94. Property of Prisoners
a. Treaty Provision.

All effects and articles of personal use, except arms, horses, military equipment and military documents shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall like-wise remain in their possession, even if such effects and articles belong to their regulation military equipment.
At no time should prisoners of war be without identity documents. The Detaining Power shall supply such documents to prisoners of war who possess none.
Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner’s request, shall be placed to the credit of the prisoner’s account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply.
Such objects, likewise sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity. (GPW, art. 18.)
b.
Transactions With Prisoners. It is not proper for members of the forces of the Detaining Power to engage in bartering and other transactions with prisoners of war concerning their personal effects.

c.
Unexplained Possession of Large Sums of Money by Prisoners of War. The unexplained possession by a prisoner of war of a large sum of money justifiably leads to the inference that such funds are not his own property and are in fact either property of the enemy government or property which has been looted or otherwise stolen.

95. Evacuation of Prisoners
Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone. (GPW, art. 19.)
96. Conditions of Evacuation
The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall be as brief as possible. (GPW, art. 20.)
Section V. INTERNMENT OF PRISONERS GENERALLY
97. Restriction of Liberty of Movement
The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary.
(GPW, art. 21, 1st par.)
98. Places and Conditions of Internment

Prisoners of war maybe interned only in premises located on land and affording every guarantee of hygiene and healthfulness. Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries.
Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as soon as possible to a more favorable climate.
The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separated from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with their consent. (GPW, art. 22.)
99. Security of Prisoners

No prisoner of war may at any time be sent to, or detained in areas where he may be exposed to the fire of the combat zone, nor may his presence be used to render certain points or areas immune from military operations.
Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same extent as the local civilian population. With the exception of those engaged in the protection of their quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giving of the alarm. Any other protective measure taken in favor of the population shall also apply to them.
Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time by the letters PW or PG, placed so as to be clearly visible from the air. The Powers concerned may, however, agree upon any other system of marking. Only prisoner of war camps shall be marked as such. (GPW, art. 23.)
100. Permanent Transit Camps

Prisoners of war shall be quartered under conditions as favorable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allow-ante for the habits and customs of the prisoners and shall in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards both total surface and minimum cubic space, and the general installations, bedding and blankets.
The premises provided for the use of prisoners of war individually or collectively, shall be entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire.
In any camps in which women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them. (GPW, art. 25.)
102. Food

The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such additional rations as are necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession.
Adequate premises shall be provided for messing.

Collective disciplinary measures affecting food are prohibited. (GPW, art. 26.)
103. Clothing
Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained. Uniforms of enemy armed forces captured by the Detaining Power should, if suitable for the climate, be made avail-able to clothe prisoners of war.
The regular replacement and repair of the above articles shall be assured by the Detaining Power. In addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of the work demands. (GPW, art. 27.)
104. Canteens
Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market prices.
The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall be created for this purpose. The prisoners’ representative shall have the right to collaborate in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be handed to an international welfare organization, to be employed for the benefit of prisoners of war of the same nationality as those who have contributed to the fund. In case of a general repatriation, such profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned. (GPW, art. 28.)
105. Cost of Quarters, Food, and Clothing
Prisoners, including officers, are furnished quarters, food, and clothing without cost to them.
Section VII. HYGIENE AND MEDICAL ATTENTION
106. Hygiene
The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. In any camps in which women prisoners of war are accommodated, separate conveniences shall be provided for them.
Also, apart. from the baths and showers with which the camps shall be furnished, prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose. (GPW, art. 29.)
107. Medical Attention
Every camp shall have an adequate infirmary where prisoners of war may have the attention they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside for cases of contagious or mental disease.
Prisoners of war suffering from serious disease, or whose condition necessitates special treatment a surgical operation or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality.
Prisoners of war may not be prevented from presenting themselves to the medical authorities for examination. The detaining authorities shall, upon request, issue to every prisoner who has undergone treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency.
The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power. (GPW, art. 30.)
108. Medical Inspections
Medical inspections of prisoners of war shall be held at least once a month. They shall include the checking and the recording of the weight of each prisoner of war. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this purpose the most efficient methods available shall be employed, e. g., periodic mass miniature radiography for the early detection of tuberculosis. (GPW, art. 81.)
109. Prisoners Engaged on Medical Duties

Prisoners of war who, though not attached to the medical service of their armed forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise their medical functions in the interests of prisoners of war dependent on the same Power. In that case they shall continue to be prisoners of war, but shall receive the same treatment as corresponding medical personnel retained by the Detaining Power. They shall be exempted from any other work under Article 49. (GPW, art. 32.)
Section VIII. RELIGIOUS, INTELLECTUAL, AND PHYSICAL ACTIVITIES
110. Religious Freedoms

Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held. (GPW, art. 34.)
111. Retained Chaplains

Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practicing the same religion. They shall enjoy the necessary facilities including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with international religious organizations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71. (GPW, art. 85.)
112. Prisoners Who Are Ministers of Religion

Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Retaining Power. They shall not be obliged to do any other work. (GPW, art. 36.)
113. Prisoners Without a Minister of Their Religion
When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners’ or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed, at the request of the prisoners concerned, to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security. (GPW, art. 37.)
114. Recreation, Study, Sports, and Games

While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including sports and games, and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps. (GPW, art. 38.)
Section IX. DISCIPLINE
115. Administration
Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his government, for its application.
Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces.
Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must however, salute the camp commander regardless of his rank. (GPW, art. 39.)
116. Badges and Decorations
The wearing of badges of rank and nationality, as well as of decorations, shall be permitted. (GPW, art. 40.)
117. Posting of the Convention and of Regulations and Orders Concerning Prisoners
In every camp the text of the present Convention and its Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners’ own language, in places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted.
Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners’ representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand. (GPW, art. 41.)
118. Use of Weapons
The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. (GPW, art. 42.)
Section X. RANK OF PRISONERS OF WAR
119. Notification of Ranks
Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and ranks of all the persons mentioned in Article 4 of the present Convention, in order to ensure equality of treatment between prisoners of equivalent rank. Titles and ranks which are subsequently created shall form the subject of similar communications.
The Detaining Power shall recognize promotions in rank which have been accorded to prisoners of war and which have been duly notified by the Power on which these prisoners depend. (GPW, art. 43.)
120. Treatment of Officers
Officers and prisoners of equivalent status shall be treated with regard due to their rank and age.
In order to ensure service in officers’ camps, other ranks of the same armed forces who, as far as possible, speak the same language, shall be assigned in sufficient numbers, account being taken of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to perform any other work.
Supervision of the mess by the officers themselves shall be facilitated in every way. (GPW, art. 44.)
121. Treatment of Other Prisoners
Prisoners of war other than officers and prisoners of equivalent status shall be treated with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be facilitated in every way. (GPW, art. 45.)
Section XI. TRANSFER OF PRISONERS OF WAR
122. Conditions
The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation.
The transfer of prisoners of war shall always be effected humanely and in conditions not less favorable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer with sufficient food and drinking water to keep them in good health, likewise the necessary clothing, shelter and medical attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure their safety during transfer, and shall draw up a complete list of all transferred prisoners before their departure. (GPW, art. 46.)
123. Circumstances Precluding Transfer

In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case be more than twenty-five kilograms [55 pounds] per head.
Mail and parcels addressed to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoners’ representative, any measures needed to ensure the transport of the prisoners’ community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this Article.
The costs of transfers shall be borne by the Detaining Power. (GPW, art. 48.)
Section XII. LABOR OF PRISONERS OF WAR
125. General

Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:
(a) agriculture;

(b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose;
(c)
transport and handling of stores which are not military in character or purpose;

(d)
commercial business, and arts and crafts;

(e)
domestic service;

(f)
public utility services having no military character or purpose.

The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war.
Such prisoners of war shall have the right to remain in communication with the prisoners’ representatives in the camps on which they depend. (GPW, art. 57.)
Section XIII. FINANCIAL RESOURCES OF PRISONERS OF WAR
134. Ready Money

The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be fixed by conversion, into the currency of the said Power, of the following amounts:
Category I : Prisoners ranking below sergeants: eight Swiss francs.
Category II : Sergeants and other non-commissioned officers, or prisoners of equivalent rank: twelve Swiss francs.
Category III : Warrant officers and commissioned officers be-low the rank of major or prisoners of equivalent rank: fifty Swiss francs.
Category IV : Majors, lieutenant-colonels, colonels, or prisoners of equivalent rank: sixty Swiss francs.
Category V : General officers or prisoners of war of equivalent rank: seventy-five Swiss francs.
However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power’s armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power:
(a)
shall continue to credit the accounts of the prisoners with the amounts indicated in the first paragraph above;

(b)
may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces.

(2)
The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sum transferred under Article 63, third paragraph. (GPW, art. 64.)

141. Management of Prisoners’ Accounts
Every item entered into the account of a prisoner of war shall be countersigned or initialled by him, or by the prisoners’ representative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp.
When prisoners of war are transferred from one camp to an-other, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. (GPW, art. 65.)
142. Winding Up of Accounts

On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorized representative of the Detaining Power.
Any of the above provisions of this Article may be varied by mutual agreement between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. (GPW, art. 66.)
143. Adjustments Between Parties to the Conflict

Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the Power on which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. (GPW, art. 67.)
144. Claims for Compensation

Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be
referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Prisoners of War Agency provided for in Article 123. (GPW, art. 68.)
Section XIV. RELATIONS OF PRISONERS OF WAR WITH THE
EXTERIOR

145. Notification of Measures Taken

Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or to another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. (GPW, art. 70.)
147. Correspondence
Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power’s in-ability to find sufficient qualified linguists to carry out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war’s accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency.
As a general rule, the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed and labeled so as clearly to indicate their contents, and must be addressed to offices of destination. (GPW, art. 71.)
148. Relief Shipments
Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers musical instruments sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule be sent in collective parcels. (GPW, art. 72.)
149. Special Agreements for Collective Relief Shipments
In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied.
The special agreements referred to above shall in no case restrict the right of prisoners’ representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners.
Nor shall such agreements restrict the right of representatives of the Protecting Power, the International Committee of the Red Cross or any other organization giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. (GPW, art. 73.)
150. Exemption From Postal and Transport Charges
a. Treaty Provision.

All relief shipments for prisoners of war shall be exempt from import, customs and other dues.
Correspondence relief shipments and authorized remittances of money addressed to prisoners of war or dispatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and in intermediate countries.
If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention shall bear the cost of transport in their respective territories.
In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. (GPW, art. 74.)
b. The Universal Postal Convention provides that correspondence, parcel post, insured letters and boxes and postal money orders ad-dressed to, or sent by, prisoners of war and interned civilians are exempt from postal charges. (Article 37, Universal Postal Convention of 1952, T. I. A. S. 2800.)
To enjoy these franking privileges the article must bear the notation “Service des prisonniers de guerre” (Prisoners of War Service) or “Service des internes” (Internees Service) which may be followed by a translation.
151. Special Means of Transport

Should military operations prevent the Powers concerned from fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:

(a)
correspondence, lifts and reports exchanged between the Central Information Agency referred to in Article 123 and the National Bureaux referred to in Article 122;

These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the use of such means of transport shall be borne proportionately by the Parties to the conflict whose nationals are benefited thereby.(GPW, art. 75.)
152. Censorship and Examination

The censoring of correspondence addressed to prisoners of war or dispatched by them shall be done as quickly as possible. Mail shall be censored only by the dispatching State and the receiving State, and once only by each.
The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by Parties to the conflict either for military or political reasons, shall be only temporary and its duration shall be as short as possible. (GPW, art. 76.)
153. Preparation, Execution, and Transmission of Legal Documents
The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123, of instrument papers or documents intended for prisoners of war or dispatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. (GPW, art. 77.)
Section XV. RELATIONS OF PRISONERS OF WAR AND THE
AUTHORITIES

154. Complaints and Requests
Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners’ representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity.
These requests and complaints shall not be limited nor considered to be a part. of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, they may not give rise to any punishment.
Prisoners’ representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers. (GPW, art. 78.)
155. Election of Prisoners’ Representatives
In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners’ representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any either organization which may assist them. These prisoners’ representatives shall be eligible for re-election.
In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognized as the camp prisoners’ representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not officers and shall be elected by them.
Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners’ representatives under the first paragraph of this Article. In such a case the assistants to the prisoners’ representatives shall be chosen from among those prisoners of war who are not officers.
Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal.
In all cases the prisoners’ representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners’ representative, in accordance with the foregoing paragraphs (GPW, art. 79.)
156. Duties of Prisoners’ Representatives
a. Treaty Provision.

Prisoners’ representatives shall further the physical, spiritual and intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organization will be within the province of the prisoners’ representative, in addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners’ representatives shall not be held responsible simply by reason of their duties, for any offences committed by prisoners of war. (GPW, art. 80.)
b. Rights and Duties. The rights and duties of prisoners’ representatives are set forth in the following articles of GPW: 57 (par. 133); 78-81 (paras. 154-157); 98 (par. 174); 104 (par. 180); 107 (par. 183); 125 (par. 206); and 127 (par. 14).
157. Prerogatives of Prisoners’ Representatives
Prisoners’ representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult.
Prisoners’ representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.).
Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners’ representative.
All facilities shall likewise be accorded to the prisoners’ representatives for communication by post and telegraph with the detaining authorities the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and the bodies which give assistance to prisoners of war.
Prisoners’ representatives of labour detachment shall enjoy the same facilities for communication with the prisoners’ representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part. of the quota mentioned in Article 71.
Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs.
In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. (GP W, art. 81.)
Section XVI. PENAL AND DISCIPLINARY SANCTIONS
158. Applicable Legislation
a. Prisoners of War.

A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. (GPW, art. 82.)
b. Retained Medical Personnel, Chaplains, and Persons of Like Status. Retained medical personnel, chaplains, and persons of like status benefit from the disciplinary and penal safeguards prescribed by Articles 82-108, GPW (paras. 158-184).
159. Choice of Disciplinary or Judicial Proceeding
In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. (GPW, art. 83.)
160. Courts

A prisoner of war shall be tried only by a military court, unless existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defense provided for in Article 105. (GPW, art. 84.)
161. Acts Committed Before Capture
a. Treaty Provision.

Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. (GPW, art. 85.)
b.
Applicability. The foregoing provision applies only to personnel who are entitled to treatment as prisoners of war, including prisoners accused of war crimes under international or national law.

c.
In signing and ratifying GPW several nations indicated that they would not consider themselves bound by the obligation which follows from the foregoing provision to extend the application of the Convention to prisoners of war who have been convicted of having committed war crimes and crimes against humanity and that persons so convicted would be subject to the conditions obtaining in the country in question for those who undergo punishment.

162. Repetition of Punishment

No prisoner of war may be punished more than once for the same act or on the same charge. (GPW, art. 86.)
163. Penalties
a. Treaty Provision.

Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed.
Collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.
No prisoner of war maybe deprived of his rank by the Detaining Power, or prevented from wearing his badges (GPW, art. 87.)
b. Persons to Whom Applicable. The foregoing provision applies only to personnel who are entitled to treatment as prisoners of war, including prisoners accused of war crimes.
164. Execution of Penalties
Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war. (GPW, art. 88.)
165. Forms of Disciplinary Punishment
The disciplinary punishments applicable to prisoners of war are the following:
(1)
A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days.

(2)
Discontinuance of privileges granted over and above the treatment provided for by the present Convention.

(3)
Fatigue duties not exceeding two hours daily.

(4)
Confinement.
The punishment referred to under (3) shall not be applied to officers.
In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war.

(GPW, art. 89.)
166. Duration of Disciplinary Punishment
The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment whether such acts are related or not.
The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more. (GPW, art. 90.)
167. Successful Escape
The escape of a prisoner of war shall be deemed to have succeeded when:
(1)
he has joined the armed forces of the Power on which he depends, or those of an allied Power;

(2)
he has left the territory under the control of the Detaining Power, or of an ally of the said Power;

Prisoners of war who have made good their escape in the sense of this Article and who are recaptured, shall not be liable to any punishment in respect of their previous escape. (GPW, art. 91.)
168. Unsuccessful Escape

A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over with-out delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safe-guards granted them by the present Convention. (GPW, art. 92.)
169. Connected Offenses

Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. (GPW, art. 93.)
170. Notification of Recapture

If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defined in Article 122, provided notification of his escape has been made. (GPW, art. 94.)
171. Confinement Awaiting Hearing

A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting the disposal of an offense against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. (GPW, art. 95.)
172. Competent Authorities and Right of Defense
a. Treaty Provision.

Acts which constitute offences against discipline shall be investigated immediately.
Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners’ representative.
A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. (GPW, art. 96.)
b. Officers Exercising Disciplinary Jurisdiction. Either a camp commander, or a responsible officer who replaces him, or an officer to whom he has delegated disciplinary powers may impose disciplinary punishments on prisoners of war interned by the United States within the permissible limits established in Article 89, GPW (par. 165). It is not necessary that he be designated as summary court officer, and he is not subject to the limitations on the duration of commanding officers’ nonjudicial punishment established by Article 15 of the Uniform Code of Military Justice.
173. Premises for Execution of Punishment
Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29.
Officers and persons of equivalent status shall not be lodged in the same quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from male prisoners of war and shall be under the immediate supervision of women. (GPW, art. 97.)
174. Essential Safeguards During Punishment
A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits of the provisions of Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily.
They shall be allowed, on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners’ representative, who will hand over to the infirmary the perishable goods contained in such parcels. (GPW, art. 98.)
175. Judicial Proceedings: General Principles
No prisoner of war maybe tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by inter-national law, in force at the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused.
No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. (GPW, art. 99.)
176. Death Penalty
Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which am punishable by the death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. (GPW, art. 100.)
177. Delay in Execution of the Death Penalty
If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. (GPW, art. 101.)
178. Conditions for Validity of Sentence
a. Treaty Provision.

A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed. (GPW, art. 102.)
b. Interpretation. Prisoners of war, including those accused of war crimes against whom judicial proceedings are instituted, are subject to the jurisdiction of United States courts-martial and military commissions. They are entitled to the same procedural safeguards accorded to military personnel of the United States who are tried by courts-martial under the Uniform Code of Military Justice or by other military tribunals under the laws of war. (See UCMJ, arts. 2 (9), 18, and 21.)
179. Confinement Awaiting Trial

(2) Place of internment or confinement;

(3)
Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable;

(4) Designation of the court which will try the case, likewise the date and place fixed for the opening of the trial.
The same communication shall be made by the Detaining Power to the prisoners’ representative.
If no evidence is submitted, at the opening of a trial, that the notification referred to above was received by
the Protecting Power, by the prisoner of war and by the prisoners’ representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. (GPW, art. 104.)
181. Rights and Means of Defense

The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defense by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence.
The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. (GPW, art. 105.)
182. Appeals
Every prisoner of war shall have, in the same manner as the embers of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. (GPW, art. 106.)
183. Notification of Finding and Sentence
Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoners’ representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing:
(1) the precise wording of the finding and sentence;

(2) a summarized report of any preliminary investigation and of the trial, emphasizing in particular the elements of the prosecution and the defence;
(3) notification, where applicable, of the establishment where the sentence will be served.
The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power. (GPW, art. 107.)
184. Execution of Penalties
Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the ease of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity.
A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive and despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. (GPW, art. 108.)
Section XVII. TERMINATION OF CAPTIVITY
185. Parole Permitted If Laws of Their Country Allow
a. Treaty Provision.

Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by the laws of the Power on which they depend. Such measures shall be taken particularly in cases where this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to accept liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the laws and regulations allowing or forbidding its own nationals to accept liberty on parole or promise. Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so notified, are bound on their personal honour scrupulously to fulfil, both towards the Power on which they depend and towards the Power which has captured them, the engagements of their paroles or promises. In such cases, the Power on which they depend is bound neither to require nor to accept from them any service incompatible with the parole or promise given. (GPW, art. 21, 2d and 3d paras.)
b. Violation of Parole. Persons who violate the terms of their paroles are, upon recapture, treated as prisoners of war but may be punished under the provisions of Article 134 of the Uniform Code of Military Justice for violation of parole.
186. Form and Substance of Parole

The parole should be in writing and signed by the prisoner. It should state in clear and unequivocal language exactly what acts the prisoner is obligated not to do, particularly as to whether he is bound to refrain from all acts against the captor or only from taking part. directly in military operations.
187. Parole of United States Personnel

a.
General Prohibition. Subject to the exception set forth in the following subparagraph, military personnel of the United States Army are forbidden to give their parole to a Detaining Power.

b.
Temporary Parole. A member of the United States Army may be authorized to give his parole to the enemy that he will not attempt to escape, if such parole is authorized for the specific purpose of permitting him to perform certain acts materially contributing to the welfare of himself or of his fellow prisoners. Such authorization will extend only for such a short period of time as is reasonably necessary for the performance of such acts and will not normally be granted solely to provide respite from the routine rigors of confinement or for other purely personal relief. A parole of this nature may be authorized, for example, to permit a prisoner to visit a medical establishment for treatment or to allow a medical officer or chaplain to carry out his normal duties. A member of the United States Army may give a parole of this nature only when specifically authorized to do so by the senior officer or non-commissioned officer exercising command authority.

188. Direct Repatriation and Accommodation in Neutral Countries of Wounded and Sick
Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the following Article.
Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the cooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied prisoners of war who have undergone a long period of captivity.
No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of this Article, may be repatriated against his will during hostilities. (GPW, art. 109.)
189. Cases of Repatriation and Accommodation
The following shall be repatriated direct:

(1) Incurably wounded and sick whose mental or physical fitness seems to have been gravely diminished.
(2) Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness-seems to have been gravely diminished.
(3) Wounded and sick who have recovered, but whose mental or physical fitness seems to have been gravely
and permanently diminished. The following may be accommodated in a neutral country:
(1)
Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery.

(1)
Those whose state of health has deteriorated so as to fulfil the conditions laid down for direct repatriation;

(2) Those whose mental or physical powers remain, even after treatment, considerably impaired.
If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Convention. (GPW, art. 110).
190. Internment in a Neutral Country
The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities. (GPW, art. 111.)
191. Mixed Medical Commissions
Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention.
However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission. (GPW, art. 112.)
192. Prisoners Entitled to Examination by Mixed Medical Commissions
Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions provided for in the foregoing Article:
(1)
Wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a Party to the conflict allied with the Power on which the said prisoners depend, and who exercises his functions in the camp.

(2) Wounded and sick proposed by their prisoners’ representative.

(3)
Wounded and sick proposed by the Power on which they depend, or by an organization duly recognized by the said Power and giving assistance to the prisoners.

No repatriated person may be employed on active military service. (GPW, art. 117.)
b. Interpretation. The foregoing applies only to persons repatriated under Articles 109 through 116, GPW (paras. 188–195), by reasons of wounds or sickness. Although it is not possible to frame any comprehensive rule concerning what constitutes “active military service,” Article 117 does not preclude a repatriated person from performing medical or strictly administrative duties but does foreclose service in combat against the power formerly detaining the individual or an ally thereof.
197. Exchange of Prisoners of War

Exchange of prisoners of war, other than those whose repatriation is required by GPW, may be effected by agreement between the belligerents. No belligerent is obliged to exchange prisoners of war, except if a general cartel requiring such exchange has been concluded. The conditions for exchange are as prescribed by the parties thereto, and exchanges need not necessarily be on the basis of number for number or rank for rank. (See par. 469.)
198. Release and Repatriation at Close of Hostilities
Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.
In the absence of stipulations to the above effect in any agreement concluded between the Parties to the conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the prisoners of war.
The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the Power on which the prisoners depend. This apportionment shall be carried out on the following basis:
(a)
If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of repatriation from the frontiers of the Detaining Power.

(b)
If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war. (GPW, art. 118.)

199. Asylum

A Detaining Power may, in its discretion, lawfully grant asylum to prisoners of war who do not desire to be repatriated.
200. Details of Procedure

Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prisoners of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power, shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be dispatched to the Information Bureau set up under Article 122.
Prisoners of war shall be allowed to take with them their personal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases be authorized to carry at least twenty-five kilograms [55 pounds].
The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of transport and the payment of the costs involved, with the Power on which the prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence.
Parties to the conflict shall communicate to each other the names of any prisoners of war who are detained until the end of the proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay. (GPW, art. 119.)
201. Death
Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency.
Death certificates, in the form annexed to the present Convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a view to confirming death and enabling a report to be made and, where necessary, establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in captivity are honorably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place.
Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased.
In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance With the wishes of the home country. (GPW, art. 120.)
202. Prisoners Killed or Injured in Special Circumstances
Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible. (GPW, art. 121.)
Section XVIII. INFORMATION BUREAUS AND RELIEF SOCIETIES FOR
PRISONERS OF WAR

203. National Bureaus
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the categories referred to in Article 4, shall take the same action with respect to such persons. The Power concerned shall ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take the same action with regard to persons belonging to such categories whom they have received within their territory.
The Bureau shall immediately forward such information by the most rapid means to the Powers concerned, through the intermediary of the Protecting Powers and likewise of the Central Agency provided for in Article
123.
This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner maybe sent.
The Information Bureau shall receive from the various departments concerned information regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries necessary to obtain the information which is asked for if this is not in its possession.
All written communications made by the Bureau shall be authenticated by a signature or a seal.
The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned. (GPW, art. 122.)
204. Central Agency

A Central Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency.
The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are re-quested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief societies provided for in Article 125. (GPW, art. 123.)
205. Exemption From Charges

Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners, for distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure time within the camps. Such societies or organizations maybe constituted in the territory of the Detaining Power or in any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war.
The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times.
As soon as relief supplies or material intended for the above-mentioned purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoners’ representative, shall be forwarded to the relief society or organization making the shipment. At the same time, receipts for these consignments shall be supplied by the administrative authorities responsible for guarding the prisoners. (GPW, art. 125.)
207. Supervision
Representatives or delegates of the Protecting Powers shall have permission to go to all places where prisoners of war may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners’ representatives, without witnesses, either personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure.
The Detaining Power and the Power on which the said prisoners of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited. (GPW, art. 126.)
CHAPTER 4
THE WOUNDED AND SICK
Section I. GENERAL PROVISIONS
208. Protected Persons
a.
Prisoners of War. GWS applies to the wounded and sick be-longing to the categories of persons listed in paragraph A of Article 4, GPW; paragraph 61 herein (GWS, art. 13).

b.
Other Persons. Wounded and sick persons who are in the hands of the enemy but who are not prisoners of war benefit from those provisions of GC pertaining to the treatment and protection of the wounded and sick.

209. Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea
a. Hospital Ships. Military hospital ships, which are to be marked in the manner specified by Article 43, GWS Sea, may in no circumstances be attacked and captured but must be respected and protected, provided their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed. (GWS Sea, art. 22.) Any hospital ship in a port which falls into the hands of the enemy is to be authorized to leave the port. (GWS Sea, art. 29.)
b. Treaty Provision.

Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, shall not be attacked from the land. (GWS, art. 20.)
c.
Coastal Rescue Craft. Small craft employed by a State or by the officially recognized lifeboat institutions for coastal rescue operations are to be respected and protected, so far as operational requirements permit. (GWS Sea, art. 27.)

d.
Retained Personnel and Wounded and Sick Put Ashore. The religious, medical, and hospital personnel of hospital ships retained to care for the wounded and sick are on landing subject to GWS.(GWS Sea, art. 37.) Other forces put ashore become subject to GWS.(GWS Sea, art. 4.)

210. Application by Neutral Powers
Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict, received or interned in their territory, as well as to dead persons found. (GWS, art. 4.)
211. Duration of Application

For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation. (GWS, art. 5.)
212. Special Agreements

In addition to the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and 52, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them.
Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. (GWS, art. 6.)
213. Non-renunciation of Rights

Wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. (GWS, art. 7.)
214. Prohibition of Reprisals

Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited. (GWS, art. 46.)
Section II. WOUNDED AND SICK
215. Protection and Care
a. Treaty Provision.

Members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances.
They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not willfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be administered.
Women shall be treated with all consideration due to their sex.
The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part. of its medical personnel and material to assist in their care. (GWS, art. 12.)
b. National Habits and Backgrounds. The foregoing is not intended to prohibit concessions, particularly with respect to food, clothing, and shelter, which take into account the different national habits and backgrounds of the wounded and sick.
216. Search for Casualties

At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield.
Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area. (GWS, art. 15.)
217. Wounded Falling Into Enemy Hands
Parties to the conflict shall record as soon as possible, in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification.
These records should if possible include:

(a)
designation of the Power on which he depends;

(b)
army, regimental, personal or serial number;

(d)
first name or names;

(e)
date of birth;

(f)
any other particulars shown on his identity card or disc;

(g)
date and place of capture or death;

(h)
particulars concerning wounds or illness, or cause of death.

The military authorities may appeal to the charity of the in-habitants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities. Should the adverse Party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities.
The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence.
No one may ever be molested or convicted for having nursed the wounded or sick.
The provisions of the present Article do not relieve the occupying Power of its obligation to give both physical and moral care to the wounded and sick. (GWS, art. 18.)
b. Compulsion in Occupied Areas. An occupying authority may not bring pressure to bear on the population in order to induce them to give treatment to the wounded and sick.
Section III. MEDICAL UNITS, ESTABLISHMENTS, PERSONNEL AND
TRANSFERS

220. Protection
a. Treaty Provision.

Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units.
The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety. (GWS, art. 19.)
b. Nature of Protection Required. See paragraph 225b.
221. Search of Medical Units, Establishments, and Transports
GWS does not confer immunity from search by the enemy on medical units, establishments, or transports.
222. Discontinuance of Protection of Medical Establishments and Units
The protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded. (GWS, art. 21.)
223. Conditions Not Depriving Medical Units and Establishments of Protection
a. Treaty Provision.

The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 19:
(1)
That the personnel of the unit or establishment are armed, and that they use the arms in their own defense, or in that of the wounded and sick in their charge.

(2)
That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort.

(3)
That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment.

(4)
That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part. thereof.

(5)
That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick. (GWS, art. 22.)

b.
Self-Defense Defined. Although medical personnel may carry arms for self-defense, they may not employ such arms against enemy forces acting in conformity with the law of war. These arms are for their personal defense and for the protection of the wounded and sick under their charge against marauders and other persons violating the law of war. Medical personnel who use their arms in circumstances not justified by the law of war expose themselves to penalties for violation of the law of war and, provided they have been given due warning to cease such acts, may also forfeit the protection of the medical unit or establishment of which they form part. or which they are protecting.

c.
Arms and Ammunition Taken From the Wounded and Sick. As provided in substance by the foregoing article, the presence of such arms and ammunition in a medical unit or establishment is not of itself cause for denying the protection to be accorded such organizations under GWS. However, such arms and ammunition should be turned in as soon as practicable and, in any event, are subject to confiscation.

224. Hospital Zones and Localities

In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.
The protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities (GWS, art. 23.)
225. Protection of Permanent Personnel
a. Treaty Provision. See Article 24, GWS (par 67).

b. What Is Meant by Respect and Protection. The respect and protection accorded personnel of certain categories by Articles 19 (par. 220), 24 (par. 67), and 25 (par. 226), GWS, mean that they must not knowingly be attacked, fired upon, or unnecessarily prevented from discharging their proper functions. The accidental killing or wounding of such personnel, due to their presence among or in proximity to combatant elements actually engaged, by fire directed at the latter, gives no just cause for complaint.
226. Protection of Auxiliary Personnel
a. Treaty Provision.

228. The American National Red Cross
The American National Red Cross is the only voluntary aid society now authorized by this Government to render aid to the Army Medical Service in time of war, and any other society desiring to render similar assistance can do so only through the American National Red Cross (Pres. Proc., 22 Aug. 1911, 37 Stat. 1716). The President is authorized to accept the assistance tendered by the Red Cross and to employ the same under the Armed Forces (act 17 Jul 1953, 67 Stat. 178; 36 U.S.C. 17, 17a.) Personnel of the Red Cross serving with or accompanying an armed force in the field in time of war or serving with or accompanying the armed forces without the continental limits of the United States and certain named territories are subject to the Uniform Code of Military Justice (UCMJ, Art. 2 (10) (11)).
229. Societies of Neutral Countries
A recognized Society of a neutral country can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the authorization of the Party to the conflict concerned. That personnel and those units shall be placed under the control of that Party to the conflict.
The neutral Government shall notify this consent to the adversary of the State which accepts such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it.
In no circumstances shall this assistance be considered as interference in the conflict.
The members of the personnel named in the first paragraph shall be duly furnished with the identity cards provided for in Article 40 before leaving the neutral country to which they belong. (GWS, art. 97.)
230. Retained Personnel
a. Treaty Provision.

Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require.
Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties:
(a)
They shall be authorized to visit periodically the prisoners of war in labour units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required.

of hostilities, the Parties to the conflict shall agree regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated in Article 26. In all questions arising out of their duties, this medical officer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions.
(c) Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be required to perform any work outside their medical or religious duties.
During hostilities the Parties to the conflict shall make arrangements
for relieving where possible retained personnel, and shall settle the procedure of such relief.
None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with
regard to the medical and spiritual welfare of the prisoners of war. (GWS, art. 28.)
b. Discipline. See paragraph 67.
231. Return of Religious and Medical Personnel
a. Treaty Provision.

Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall be returned to the Party to the conflict to whom they belong, as soon as a road is open for their return and military requirements permit.
Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. They shall continue to fulfill their duties under the orders of the adverse Party and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong.
On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them. (GWS, art. 30.)
b. Security Measures. Nothing in the foregoing article precludes reasonable measures to prevent such personnel, upon their return to their own army, from carrying information of strategic or tactical value. The movements and activities of religious and medical personnel whose return is contemplated may be restricted as far as reasonably necessary to prevent their acquisition of such information, provided they are not thereby denied the facilities afforded them by Article 28, GWS (par. 230). Should they become possessed of such information, their return to their own army may be delayed until the information has ceased to be of substantial value.
232. Selection of Personnel for Return

Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained.
Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit.
Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were.
On their departure, they shall take with them their effects, personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them.
The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health. (GWS, art. 32.)
b. Security Measures. Security measures similar to those taken with respect to religious and medical personnel (par. 231b) may be applied to personnel of aid societies of neutral countries.
234. Buildings and Stores
a. Treaty Provision.

The material of mobile medical units of the armed forces which fall into the hands of the enemy, shall be reserved for the care of wounded and sick. The buildings, material and stores of fixed medical establishments of the armed forces shall remain subject to the laws of war, but may not be diverted from their purpose as long as they are required for the care of wounded and sick. Nevertheless, the commanders of forces in the field may make use of them, in case of urgent military necessity, provided that they make previous arrangements for the welfare of the wounded and sick who are nursed in them.
The material and stores defined in the present Article shall not be intentionally destroyed. (GWS, art. 33.)
b. Material of Mobile Medical Units. The material of mobile medical units falling into the hands of the enemy need not be restored to the belligerent from whom it was taken. It must, however, be used only for the care of the wounded and sick, and does not constitute war booty, within the meaning of Article 53, HR (paras. 403, 408) or unwritten international law, until GWS ceases to be operative.
235. Property of Aid Societies
The real and personal property of aid societies which are admitted to the privileges of the Convention shall be regarded as private property.
The right of requisition recognized for belligerents by the laws and customs of war shall not be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensured. (GWS, art. 34.)
236. Protection of Medical Transports
a. Treaty Provision.

Transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units.
Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care of the wounded and sick they contain.
The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law. (GWS, art. 35.)
b. Civilian Personnel. The rules of international law applicable to civilians connected with medical transports may vary depending on whether such persons accompany the armed forces (GPW, art. 4A (4); par. 61 herein) are members of the staff of voluntary aid societies either of a belligerent State (GWS, art. 26; par. 69 herein) or of a neutral State (GWS, art. 27; par. 229 herein), or are civilians not otherwise protected by GWS or GPW (GC, art. 4; par. 247 herein).
237. Medical Aircraft
a. Treaty Provision.

As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces.
Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognized by the terms of the present Convention. (GWS, art. 38.)
b. Emblems Other Than the Red Cross. Turkey uses the Red Crescent; Iran, the Red Lion and Sun. Israel signed GWS subject to the reservation that it will use a Red Shield of David as its distinctive sign.
c. Misuse of the Emblem. See Article 23 (f), HR (par. 52). See also pertinent United States statutes.
239. Use of the Emblem

Under the direction of the competent military authority, the emblem shall be displayed on the flags, armlets and on all equipment employed in the Medical Service. (GWS, art. 39.)
240. Identification of Medical and Religious Personnel
The personnel designated in Article 24 and in Articles 26 and 27 [Articles 36 and 37 of GWS Sea] shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority.
Such personnel, in addition to wearing the identity disc mentioned in Article 16 [Article 19 of GWS Sea], shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country.
In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced. (GWS, art. 40.)
241. Identification of Auxiliary Personnel

The personnel designated in Article 25 shall wear, but only while carrying out medical duties, a white armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority.
Military identity documents to be carried by this type of personnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet. (GWS, art. 41.)
242. Marking of Medical Units and Establishments
The distinctive flag of the Convention shall be hoisted only over such medical units and establishments as are entitled to be respected under the Convention, and only with the consent of the military authorities.
In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party to the conflict to which the unit or establishment belongs.
Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other than that of the Convention.
Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action. (GWS, art. 42.)
243. Marking of Units of Neutral Countries
The medical units belonging to neutral countries which may have been authorized to lend their services to a belligerent under the conditions laid down in Article 27, shall fly, along with the flag of the Convention, the national flag of that belligerent, wherever the latter makes use of the faculty conferred on him by Article 42.
Subject to orders to the contrary by the responsible military authorities, they may, on all occasions, fly their national flag, even if they fall into the hands of the adverse Party. (GWS, art. 43.)
244. Restrictions in the Use of the Emblem
With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the Red Cross on a white ground and the words “Red Cross”, or “Geneva Cross” may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present Convention and other Conventions dealing with similar matters. The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries which use them. The National Red Cross Societies and other Societies designated in Article 26 shall have the right to use the distinctive emblem conferring the protection of the Convention only within the framework of the present paragraph.
Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of peace, in accordance with their national legislation, make use of the name and emblem of the Red Cross for their other activities which are in conformity with the principles laid down by the International Red Cross Conferences. When those activities are carried out in time of war, the conditions for the use of the emblem shall be such that it cannot be considered as conferring the protection of the Convention; the emblem shall be comparatively small in size and may not be placed on armlets or on the roofs of buildings.
The international Red Cross organizations and their duly authorized personnel shall be permitted to make use, at all times, of the emblem of the Red Cross on a white ground.
As an exceptional measure, in conformity with national legislation and with the express permission of one of the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of the Convention may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick. (GWS, art. 44.)
245. United States Reservation
The United States, in ratifying the Geneva Convention * * * does so with the reservation that * * * nothing contained therein shall make unlawful, or obligate the United States of America to make unlawful, any use or right of use within the United States of America and its territories and possessions of the Red Cross emblem, sign, insignia, or words as was lawful by reason of domestic law and a use begun prior to January 5,1905, provided such use by pre-1905 users does not extend to the placing of the Red Cross emblem, sign, or insignia upon aircraft, vessels, vehicles, buildings or other structures, or upon the ground. (T. I. A. S. 3362.)
CHAPTER 5
CIVILIAN PERSONS
Section I. GENERAL PROVISIONS
246. Protection of Civilians Generally
The protection of civilian persons is governed by both GC and HR, the former supplementing the latter insofar as both relate to occupied territory. Certain provisions of GC are applicable only in the territory of a party to the conflict, others to belligerently occupied territory, a number to both or to civilian populations generally. Those relating exclusively to occupied areas appear in chapter 6, while the requirements of GC having to do with the territory of a belligerent or with both such territory and occupied territory or with the general protection of civilian persons are set forth in this chapter.
247. Definition of Protected Persons
a. Treaty Provision.

Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are.
The provisions of Part II are, however, wider in application, as defined in Article 13.
Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention. (GC, art. 4.)
b.
Interpretation. Subject to qualifications set forth in paragraph 248, those protected by GC also include all persons who have engaged in hostile or belligerent conduct but who are not entitled to treatment as prisoners of war.

c.
Wider Scope of Certain Articles. Part II, GC (sec. II of this chapter), has a broader scope than the rest of GC. (See GC, art. 13; par. 252 herein.)

248. Derogations
a. Domestic and Occupied Territory.

Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
In each case such persons shall nevertheless be treated with humanity, and in ease of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be. (GC, art. 5.) (See also par. 73.)
b.
Other Area. Where, in territories other than those mentioned in a above, a Party to the conflict is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person is similarly not en-titled to claim such rights and privileges under GC as would, if exercised in favor of such individual person, be prejudicial to the security of such State.

249. Beginning and End of Application
a. Treaty Provision.

The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2.
In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations.
In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77,
143.

Protected persons whose release, repatriation or re-establishment may take place after such dates shall meanwhile continue to benefit by the present Convention. (GC, art. 6.)
b. Reestablishment of Protected Persons. The word “reestablishment,” as used in a, refers to protected persons who cannot be repatriated because, for example, they would be liable to persecution in their own country, or because their homes have been destroyed.
250. Special Agreements
In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention, nor restrict the rights which it confers upon them.
Protected persons shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. (GC, art. 7.)
251. Non-renunciation of Rights
Protected persons may in no circumstances renounce in part. or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. (GC, art. 8.)
Section II. GENERAL PROTECTION OF POPULATIONS AGAINST
CERTAIN CONSEQUENCES OF WAR

252. Field of Application
a. Treaty Provision.

The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war. (GC art. 13.)
b. The State and Its Own Nationals. The provisions mentioned in a concern not only the relations between a given nation and aliens but also the relations between a nation and its own nationals, and also apply to neutral inhabitants of the countries in conflict.
253. Hospital and Safety Zones and Localities
In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant-mothers and mothers of children under seven.
Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary.
The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital and safety zones and Localities. (GC, art. 14.)
254. Neutralized Zones
a. Treaty Provision.

Any Party to the conflict may, either director through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction:
(a) wounded and sick combatants or non-combatants;

(b) civilian persons who take no part. in hostilities, and who, while they reside in the zones, perform no work of a military character.
When the Parties concerned have agreed upon the geographical position, administration, food supply and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone. (GC, art. 15.)
b. By Whom Agreements Concluded. The agreements mentioned in a and elsewhere in this section may be concluded either by the governments concerned or by subordinate military commanders.
255. General Protection of Wounded and Sick

The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect.
As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment. (GC, art. 16.)
256. Evacuation of Wounded and Sick

The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas. (GC, art. 17.)
257. Protection of Hospitals

Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict.
States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19.
Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized by the State.
The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action.
In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives. (GC, art. 18.)
258. Discontinuance of Protection of Hospitals
a. Treaty Provision.

The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded.
The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants and not yet handed to the proper service, shall not be considered to be acts harmful to the enemy. (GC, art. 19.)
b. Meaning of Acts Harmful to the Enemy. Acts harmful to the enemy are not only acts of warfare proper but any activity characterizing combatant action, such as setting up observation posts or the use of the hospital as a liaison center for fighting troops.
259. Hospital Staff
a. Treaty Provision.

Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected.
In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed.
The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel. (GC, art. 20.)
b. Interpretation. The persons “regularly and solely engaged in the operation and administration of civilian hospitals” include all members of the professional staff and all employees of hospitals, whether or not in direct contact with the wounded and sick, provided they have no occupation other than their work in the hospitals.
260. Land and Sea Transport
Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. (GC, art. 21.)
261. Air Transport
Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases, or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned.
They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited.
Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination if any. (GC, art. 22.)
262. Consignments of Medical Supplies, Food, and Clothing
Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases.
The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing:
(a)
that the consignments may be diverted from their destination,

(b)
that the control may not be effective, or

(c) that a definite advantage may accrue to the military efforts or economy of the enemy through the substitution of the above-mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facilities as would otherwise be required for the production of such goods.
The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make such permission conditional on the distribution of the persons benefited thereby being made under the local supervision of the Protecting Powers.
Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed. (GC, art. 23.)
263. Measures Relating to Child Welfare
The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition.
The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph.
They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means. (GC, art. 24.)
264. Family News
All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay.
If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfillment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies.
If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms dispatched to one each month. (GC, art. 25.)
265. Dispersed Families

Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations. (GC, art. 26.)
Section Ill. PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES TO THE CONFLICT AND TO OCCUPIED TERRITORIES
266. General

Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.
Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion.
However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war. (GC, art, 27.)
267. Danger Zones

The presence of a protected person may not be used to render certain points or areas immune from military operations. (GC, art. 28.)
268. Responsibilities

The Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred. (GC, art. 29.)
269. Application to Protecting Powers and Relief Organizations
Protected persons shall have every facility for making application to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them.
These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations.
Apart. from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as possible visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons. (GC, art. 30.)
270. Prohibition of Coercion
a. Treaty Provision.

No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties. (GC, art. 31.)
b. Guides. Among the forms of coercion prohibited is the impressment of guides from the local inhabitants.
271. Prohibition of Corporal Punishment, Torture, Etc.
The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents. (GC, art. 32.)
272. Individual Responsibility, Collective Penalties, Reprisals, Pillage
No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.

Reprisals against protected persons and their property are prohibited. (GC, art. 33.) (See also paras. 47 and 397.)
273. Hostages
The taking of hostages is prohibited. (GC, art. 34.)

Section IV. ALIENS IN THE TERRITORY OF A PARTY TO THE CONFLICT
274. Right to Leave the Territory
All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be entitled to do so, unless their departure is contrary to the national interest of the State. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use.
If any such person is refused permission to leave the territory, he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose.
Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied per-mission to leave. (GC, art. 35.)
275. Conditions of Departure
Departures permitted under the foregoing Articles shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned.
The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. (GC, art. 36.)
276. Persons in Confinement
Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty, shall during their confinement be humanely treated.
As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles. (GC, art. 37. )
277. Non-repatriated Persons: General
With the exception of special measures authorized by the present Convention, in particular by Articles 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in time of peace. In any case, the following rights shall be granted to them:
(1) They shall be enabled to receive the individual or collective relief that may be sent to them.
(2) They shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned.
(3)
They shall be allowed to practice their religion and to receive spiritual assistance from ministers of their faith.

(4)
If they reside in an area particularly exposed to the dangers of war, they shall be authorised to move from that area to the same extent as the nationals of the State concerned.

(5)
Children under fifteen years, pregnant women and others of children under seven years shall benefit by any preferential treatment to the same extent as the nationals f the State concerned. (GC, art. 38.)

278. Non-repatriated Persons: Means of Existence
Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are.
Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependents.
Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30. (GC, art. 39. )
279. Non-repatriated Persons: Employment

Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are.
If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations.
In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases.
If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30. (GC, art. 40.)
280. Internment or Assigned Residence
a. Treaty Provision.

Should the Power in whose hands protected persons may be consider the measures of control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residence by virtue of a decision placing them in assigned residence elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention (GC, art. 41.)
b. Penal Legislation. The foregoing provision does not preclude the application of ordinary penal legislation to protected persons.
281. Grounds for Internment or Assigned Residence; Voluntary internment
The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary.
If any person, acting through the representatives of the Protecting Power, voluntarily demands internment and if his situation renders this step necessary, he shall be interned by the Power in whose hand he may be. (GC, art. 42.)
282. Procedure
a. Treaty Provision.

Any protected person who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case with a view to the favorable amendment of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power. (GC, art. 43.)
b. Prohibited Areas. The term “assigned residence” refers to measures taken with respect to individuals or families and does not include prohibitions on entry into or residence in specified zones, which have been imposed on groups of people by reason of their nationality or like criteria.
283. Refugees
a. Treaty Provision.

In applying the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government. (GC, art. 44.)
b. Purpose. The purpose of the foregoing article is to insure that refugees who may only technically remain enemy aliens are not on that basis automatically subject to control measures, notwithstanding the fact they actually are not protected by their government. However, the quoted provision does not in any way deny the right of a State to intern any such person or subject him to any other recognized measure of control when there is any additional reason that renders necessary the taking of such action as may be required for the security of the State in a moment of national crisis.
284. Transfer to Another Power
Protected persons shall not be transferred to a Power which is not a party to the Convention.
This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities.
Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with.
In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.
The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law. (GC, art. 45.)
285. Cancellation of Restrictive Measures
In so far as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities.
Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities. (GC, art. 46.)
Section V. REGULATIONS FOR THE TREATMENT OF INTERNEES
286. Cases of Internment and Provisions Applicable
The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78. (GC, art. 79.)
287. Civil Capacity
Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status. (GC, art. 80.)
288. Maintenance

Parties to the conflict who intern protected persons shall be bound to provide free of charge for their maintenance, and to grant them also the medical attention required by their state of health.
No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of these costs.
The Detaining Power shall provide for the support of those dependent on the internees, if such dependents are without adequate means of support or are unable to earn a living. (GC, art. 81.)
289. Grouping of Internees

The Detaining Power shall, as far as possible, accommodate the internees according to their nationality language and customs. Internees who are nationals of the same country shall not be separated merely because they have different languages.
Throughout the duration of their internment, members of the same family, and in particular parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section. Internees may request that their children who are left at liberty without parental care shall be interned with them.
Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommodations from other internees, together with facilities for leading a proper family life. (GC, art.
82. )
290. Location of Places of Internment

Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason. (GC, art. 84.)
292. Accommodation; Hygiene

The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and the effects of the war. In no case shall permanent places of internment be situated in unhealthy areas, or in districts the climate of which is injurious to the internees. In all cases where the district, in which a protected person is temporarily interned, is in an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more suitable place of internment as rapidly as circumstances permit.
The premises shall be fully protected from dampness, adequately heated and lighted, in particular between dusk and lights out. The sleeping quarters shall be sufficiently spacious and well ventilated, and the internees shall have suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of the internees.
Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of hygiene and are constantly maintained in a state of cleanliness. They shall be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to them. Showers or baths shall also be available. The necessary time shall be set aside for washing and for cleaning.
Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary conveniences for the use of such women internees shall be obligatory. (GC, art. 85.)
293. Premises for Religious Services
The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services. (GC, art.. 86.)
294. Canteens
a. Treaty Provision.

Canteens shall be installed in every place of internment except where other suitable facilities are available. Their purpose shall be to enable internees to make purchases, at prices not higher than local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as would increase their personal wellbeing and comfort.
Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment, and administered for the benefit of the internees attached to such place of internment. The Internee Committee provided for in Article 102 shall have the right to check the management of the canteen and of the said fund.
When a place of internment is closed down, the balance of the welfare fund shall be transferred to the welfare fund of a place of internment for internees of the same nationality, or, if such a place does not exist, to a central welfare fund which shall be administered for the benefit of all internees remaining in the custody of the Detaining Power. In case of a general release, the said profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned. (GC, art. 87.)
b. Limitation on Privilege. Interned persons are not entitled to more favorable treatment than the population at large with respect to canteen facilities and are equally subject to regulations, such as those pertaining to rationing, which are applied to the population generally.
295. Air-Raid Shelters and Protective Measures
In all places of internment exposed to air raids and other hazards of war, shelters adequate in number and structure to ensure the necessary protection shall be installed. In case of alarms, the internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures taken in favour of the population shall also apply to them.
All due precautions must be taken in places of internment against the danger of fire. (GC, art. 88.)
296. Food
Daily food rations for internees shall be sufficient in quantity, quality, and variety to keep internees in a good state of health and prevent the development of nutritional deficiencies. Account shall also be taken of the customary diet of the internees.
Internees shall also be given the means by which they can prepare for themselves any additional food in their possession.
Sufficient drinking water shall be supplied to internees. The use of tobacco shall be permitted.
Internees who work shall receive additional rations in proportion to the kind of labour which they perform.
Expectant and nursing mothers, and children under fifteen years of age, shall be given additional food, in proportion to their physiological needs. (GC, art. 89.)
297. Clothing
When taken into custody, internees shall be given all facilities to provide themselves with the necessary clothing, footwear and change of underwear, and later on, to procure further supplies if required. Should any internees not have sufficient clothing, account being taken of the climate, and be unable to procure any, it shall be provided free of charge to them by the Detaining Power.
The clothing supplied by the Detaining Power to internees and the outward markings placed on their own clothes shall not be ignominious nor expose them to ridicule.
Workers shall receive suitable working outfits, including protective clothing, whenever the nature of their work so requires. (GC, art. 90.)
298. Medical Attention
Every place of internment shall have an adequate infirmary, under the direction of a qualified doctor, where internees may have the attention they require, as well as an appropriate diet. Isolation wards shall be set aside for cases of contagious or mental diseases.
Maternity cases and internees suffering from serious diseases, or whose condition requires special treatment, a surgical operation or hospital care, must be admitted to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population.
Internees shall, for preference, have the attention of medical personnel of their own nationality.
Internees may not be prevented from presenting themselves to the medical authorities for examination. The medical authorities of the Detaining Power shall, upon request, issue to every internee who has undergone treatment an official certificate showing the nature of his illness or injury, and the duration and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Central Agency provided for in Article
140.

Treatment, including the provision of any apparatus necessary for the maintenance of internees in good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the internee. (GC, art. 91.)
299. Medical Inspection

Medical inspections of internees shall be made at least once a month. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of internees, and to detect contagious diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year, radioscopic examination. (GC, art. 92)
300. Religious Freedoms

Internees shall enjoy complete latitude in the exercise of their religious duties including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities.
Ministers of religion who are interned shall be allowed to minister freely to the members of their community. For this purpose, the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion. Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall not be considered as forming a part. of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112.
When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees’ faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security. (GC, art. 93.)
301. Recreational Study, Sports, and Games

The Detaining Power shall not employ internees as workers, unless they so desire. Employment which, if undertaken under compulsion by a protected person not in internment, would involve a breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or humiliating character are in any case prohibited.
After a working period of six weeks, internees shall be free to give up work at any moment, subject to eight days’ notice.
These provisions constitute no obstacle to the right of the Detaining power to employ interned doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens or for other domestic tasks, or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks. No internee may, however, be required to perform tasks for which he is, in the opinion of a medical officer, physically unsuited.
The Detaining Power shall take entire responsibility for all working conditions, for medical attention, for the payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents and diseases. The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work of the same nature in the same district. Wages for work done shall be determined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power, due regard being paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require. Internees permanently detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages by the Detaining Power. The working conditions and the scale of compensation for occupational accidents and diseases to internees thus detailed, shall not be inferior to those applicable to work of the same nature in the same district. (GC, art. 95.)
b. Wages. Since internees are free of normal financial responsibilities, they are not entitled to receive from the Detaining Power by way of wages the whole of the amount paid over by their employers.
303. Labor Detachments
All labour detachments shall remain part. of and dependent upon a place of internment. The competent authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention. The commandant shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment. (GC, art. 96.)
304. Valuables and Personal Effects
Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc., and valuables in their possession may not be taken from them except in accordance with established procedure. Detailed receipts shall be given therefor.
The amounts shall be paid into the account of every internee as provided for in Article 98. Such amounts may not be converted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the internee gives his consent.
Articles which have above all a personal or sentimental value may not be taken away.
A woman internee shall not be searched except by a woman.
On release or repatriation, internees shall be given all articles, monies or other valuables taken from them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt.
Family or identity documents in the possession of internees may not be taken away without a receipt being given. At no time shall internees be left without identity documents. If they have none, they shall be issued with special documents drawn up by the detaining authorities, which will serve as their identity papers until the end of their internment.
Internees may keep on their persons a certain amount of money, in cash or in the shape of purchase coupons, to enable them to make purchases. (GC, art. 97.)
305. Financial Allowance and Individual Accounts
All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such as tobacco, toilet requisites, etc. Such allowances may take the form of credits or purchase coupons.
Furthermore, internees may receive allowances from the Power to which they owe allegiance, the Protecting Powers, the organizations which may assist them, or their families, as well as the income on their property in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.), but may not be allocated by that Power or distributed by the Detaining Power on the basis of discriminations between internees which are prohibited by Article 27 of the present Convention.
The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in the present Article, the wages earned and the remittances received, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependants. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting Power on request, and shall accompany the internee in case of transfer. (GC, art. 98.)
306. Camp Administration

Every place of internment shall be put under the authority of a responsible officer, chosen from the regular military forces or the regular civil administration of the Detaining Power. The officer in charge of the place of internment must have in his possession a copy of the present Convention in the official language or one of the official languages, of his country and shall be responsible for its application. The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its application.
The text of the present Convention and the texts of special agreements concluded under the said Convention shall be posted inside the place of internment, in a language which the internees understand, or shall be in the possession of the Internee Committee.
Regulations, orders, notices and publications of every kind shall be communicated to the internees and posted inside the places of internment, in a language which they understand.
Every order and command addressed to internees individually, must likewise, be given in a language which they understand. (GC, art. 99.)
307. General Discipline

The disciplinary regime in places of internment shall be consistent with humanitarian principles, and shall in no circumstances include regulations imposing on internees any physical exertion dangerous to their health or involving physical or moral victimization. Identification by tattooing or imprinting signs or markings on the body, is prohibited.
In particular, prolonged standing and roll-calls, punishment drill, military drill and maneuvers, or the reduction of food rations, are prohibited. (GC, art. 100.)
308. Complaints and Petitions
a. Treaty Provision.

Internees shall have the right to present to the authorities in whose power they are, any petition with regard to the conditions of internment to which they are subjected.
They shall also have the right to apply without restriction through the Internee Committee or, if they consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to them any points on which they may have complaints to make with regard to the conditions of internment.
Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter are recognized to be unfounded, they may not occasion any punishment.
Periodic reports on the situation in places of internment and as to the needs of the internees, may be sent by the Internee Committees to the representatives of the Protecting Powers. (GC, art. 101.)
b. Censorship. The Detaining Power has the right to examine and censor the complaints, petitions, and reports referred to above in the same manner as correspondence addressed to internees or dispatched by them. It may also examine such complaints and reports to the representatives of the Protecting Power to verify that they are what they purport to be and to delete matter not constituting either a complaint or a report within the meaning of the foregoing provision.
309. Election of Internee Committees

In every place of internment, the internees shall freely elect by secret ballot every six months, the members of a Committee empowered to represent them before the Detaining and the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. The members of the Committee shall be eligible for re-election.
Internees so elected shall enter upon their duties after their election has been approved by the detaining authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned. (GC, art. 102.)
310. Duties of Internee Committees
The Internee Committees shall further the physical, spiritual and intellectual well-being of the internees.
In case the internees decide, in particular, to organize a system of mutual assistance amongst themselves, this organization would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention. (GC, art. 103.)
311. Prerogatives of Internee Committees
Members of Internee Committees shall not be required to perform any other work, if the accomplishment of their duties is rendered more difficult thereby.
Members of Internee Committees may appoint from amongst the internees such assistants as they may require. All material facilities shall be granted to them, particularly a certain freedom of movement necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.).
All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, and with the organizations which give assistance to internees. Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming a part. of the quota mentioned in Article 107.
Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. (GC, art. 104.)
312. Notification of Measures Taken
Immediately upon interning protected persons, the Detaining Powers shall inform them, the Power to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the present Chapter. The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications of such measures. (GC, art, 106.)
313. Internment Card
As soon as he is interned, or at the latest not more than one week after his arrival in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency provided for by Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Convention, in-forming his relatives of his detention, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any way. (GC, art. 106.)
314. Correspondence
Internees shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each internee, the said number shall not be less than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possible to the models annexed to the present Convention. If limitations must be placed on the correspondence addressed to internees, they may be ordered only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons.
Internees who have been a long time without news, or who find it impossible to receive news from their relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their disposal. They shall likewise benefit by this provision in cases which are recognized to be urgent.
As a rule, internees’ mail shall be written in their own language. The Parties to the conflict may authorize correspondence in other languages. (GC, art. 107.)
315. Relief Shipments

Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational character which may meet their needs. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
Should military necessity require the quantity of such shipments to be limited, due notice thereof shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any other organization giving assistance to the internees and responsible for the forwarding of such shipments.
The conditions for the sending of individual parcels and collective shipments shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in collective parcels. (GC, art. 108.)
316. Collective Relief

In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt and distribution of collective relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied.
The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of them in the interests of the recipients.
Nor shall such agreements restrict the right of representatives of the Protecting Powers, the International Committee of the Red Cross, or any other organization giving assistance to internees and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. (GC, art. 109.)
317. Exemption From Postal and Transport Charges
a. Treaty Provision.

All relief shipments for internees shall be exempt from import, customs and other dues.
All matter sent by mail, including relief parcels sent by parcel post and remittances of money, addressed from other countries to internees or dispatched by them through the post office, either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and destination and in intermediate countries. To this end, in particular, the exemption provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of civilians of enemy nationality detained in camps or civilian prisons, shall be extended to the other interned persons protected by the present Convention. The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the same circumstances.
The cost of transporting relief shipments which are intended for internees and which, by reason of their weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Power in all the territories under its control. Other Powers which are Parties to the present Convention shall bear the cost of transport in their respective territories.
Costs connected with the transport of such shipments which are not covered by the above paragraphs, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams sent by internees, or addressed to them. (GC, art. 110.)
b. Exemption Under Universal Postal Convention of 1952. See paragraph 150b.
318. Special Means of Transport

Should military operations prevent the Powers concerned from fulfilling their obligation to ensure the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake the conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:

(a) correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article 136;
(b) correspondence and reports relating to internees which the Protecting Powers, the International Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport if it should so prefer, nor precluding the granting of safe-conducts, under mutually agreed conditions, to such means of transport.
The costs occasioned by the use of such means of transport shall be borne, in proportion to the importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby. (GC, art. 111.)
319. Censorship and Examination
a. Treaty Provision.

The censoring of correspondence addressed to internees or dispatched by them shall be done as quickly as possible.
The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods in them to deterioration. It shall be done in the presence of the addressee, or of a fellow-internee duly delegated by him. The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by the Parties to the conflict either for military or political reasons, shall be only temporary and its duration shall be as short as possible. (GC, art. 112.)
b. Material Subject to Censorship. The Detaining Power may examine and censor all communications sent to or by internees, including correspondence and telegrams (GC, art. 107; par. 314 herein) and relief shipments ( GC, art, 108; par. 315 herein) with a view to deleting matter prejudicial to its military security. See paragraph 308b concerning the censorship of complaints, petitions, and reports submitted pursuant to Article 101, GC.
320. Execution and Transmission of Legal Documents
The Detaining Powers shall provide all reasonable facilities for the transmission through the Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of attorney, letters of authority, or any other documents intended for internees or dispatched by them.
In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such documents on behalf of internees, in particular by allowing them to consult a lawyer. (GC, art. 123.)
321. Management of Property
The Detaining Power shall afford internees all facilities to enable them to manage their property, provided this is not incompatible with the conditions of internment and the law which is applicable. For this purpose, the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow. (GC, art. 114.)
322. Facilities for Preparation and Conduct of Cases
In all cases where an internee is a party to proceedings in any court, the Detaining Power shall, if he so requests, cause the court to be informed of his detention and shall, within legal limits, ensure that all necessary steps are taken to prevent him from being in anyway prejudiced, by reason of his internment, as regards the preparation and conduct of his case or as regards the execution of any judgment of the court. (GC, art. 115.)
323. Visits
Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as possible.
As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in cases of death or serious illness of relatives. (GC, art. 116.)
324. Penal and Disciplinary Sanctions: General Provisions
Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment.
If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the same acts are not punishable when committed by persons who are not internees, such acts shall entail disciplinary punishments only.
No internee maybe punished more than once for the same act, or on the same count. (GC, art. 117.)
325. Penalties

The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed.
Imprisonment in premises without daylight and; in general, all forms of cruelty without exception are forbidden.
Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees.
The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty involving confinement to which he may be sentenced.
Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result. (GC, art. 118.)
326. Disciplinary Punishments

The disciplinary punishments applicable to internees shall be the following:
(1)
A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days.

(2)
Discontinuance of privileges granted over and above the treatment provided for by the present Convention.

(3)
Fatigue duties, not exceeding two hours daily, in connection with the maintenance of the place of internment.

(4)
Confinement. In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee’s age, sex and state of health.

The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not. (GC, art. 119.)
327. Escapes

Internees who are recaptured after having escaped or when attempting to escape, shall be liable only to disciplinary punishment in respect of this act, even if it a repeated offence.
Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted by the present Convention.
Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary punishment only. (GC, art. 120.)
328. Connected Offenses

Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape.
The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of acts committed in connection with an escape, whether successful or not. (GC, art. 121.)
329. Investigations and Confinement Awaiting Hearing
Acts which constitute offences against discipline shall be investigated immediately. This rule shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over to the competent authorities as soon as possible.
In cases of offences against discipline, confinement awaiting trial shall be reduced to an absolute minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be deducted from any sentence of confinement.
The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline. (GC, art. 122.)
330. Procedure
Without prejudice to the competence of courts and higher authorities, disciplinary punishment may be ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces him, or to whom he has delegated his disciplinary powers.
Before any disciplinary punishment is awarded, the accused internee shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced in the presence of the accused and of a member of the Internee Committee.
The period elapsing between the time of award of a disciplinary punishment and its execution shall not exceed one month.
When an internee is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
A record of disciplinary punishments shall be maintained by the commandant of the place of internment and shall be open to inspection by representatives of the Protecting Power. (GC, art. 123.)
331. Premises for Disciplinary Punishments
Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo punishment therein.
The premises in which disciplinary punishments are undergone shall conform to sanitary requirements; they shall in particular be provided with adequate bedding. Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness.
Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women. (GC, art. 124.)
332. Essential Safeguards
Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily.
They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmary of the place of internment or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to the infirmary the perishable goods contained in the parcels.
No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the Present Convention. (GC, art. 125.)
333. Provisions Applicable to Judicial Proceedings
The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are in the national territory of the Detaining Power. (GC, art. 126.)
334. Transfers: Conditions
The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of station. If, as an exceptional measure, such removals have to be effected on foot, they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue.
The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate shelter and the necessary medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred.
Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them, unless their safety imperatively so demands.
If the combat zone draws close to a place of internment, the internees in the said place shall not be transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred.
When making decisions regarding the transfer of internees, the Detaining Power shall take their interests into account and, in particular, shall not do anything to increase the difficulties of repatriating them or returning them to their own homes. (GC, art. 127.)
335. Transfers: Method

The wills of internees shall be received for safekeeping by the responsible authorities; and in the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated.
Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made out, showing the causes of death and the conditions under which it occurred.
An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall he transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article
140. (GC, art. 129.)
337. Burial and Cremation

The detaining authorities shall ensure that internees who die while interned are honorably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, properly maintained, and marked in such a way that they can always be recognized.
Deceased internees shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall be retained for safe-keeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request.
As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall forward Mite of graves of deceased. internees to the Powers on whom the deceased internees depended, through the Information Bureaux provided for in Article: 136. Such lists shall include all particulars necessary for the identification of the deceased internees, as well as the exact location of their graves. (GC, art. 130.)
338. Internees Killed or Injured in Special Circumstances
a. Treaty Provision.

Every death or serious injury of an internee, caused or suspected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official inquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary steps to ensure the prosecution of the person or persons responsible. (GC, art. 131.)
b. Criminal Prosecution. If a criminal prosecution is undertaken on the facts revealed on preliminary investigation, there need not be any other official inquiry.
339. Release, Repatriation, and Accommodation in Neutral Countries During Hostilities or Occupation
Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist.
The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and internees who have been detained for a long time. (GC, art. 132.)
340. Release, Repatriation and Accommodation in Neutral Countries After the Close of Hostilities
Internment shall cease as soon as possible after the close of hostilities.
Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties may be detained until the close of such proceedings and, if circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty.
By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostilities, or of the occupation of territories, to search for dispersed internees. (GC, art. 133.)
341. Repatriation and Return to Last Place of Residence
The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their repatriation. (GC, art. 134.)
342. Costs
The Detaining Power shall bear the expense of returning released internees to the places where they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure.
Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internee’s repatriation. If, however, the internee elects to return to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegiance, the Detaining Power need not pay the expenses of his journey beyond the point of his departure from its territory. The Detaining Power need not pay the costs of repatriation of an internee who was interned at his own request.
If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each.
The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. (GC, art. 135.)
Section VI. INFORMATION BUREAUS, CENTRAL AGENCY, AND RELIEF SOCIETIES
343. National Bureaus
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power.
Each of the parties to the conflict shall, within the shortest possible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births, and deaths. (GC, art. 136.)
344. Transmission of Information
Each national Bureau shall immediately forward information concerning protected persons by the most rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers in whose territory they resided, through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be received regarding protected persons.
Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140.
All communications in writing made by any Bureau shall be authenticated by a signature or a seal. (GC, art. 137.)
345. Particulars Required

The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall include at least his surname, first names, place and date of birth, nationality, last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed.
Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week. (GC, art. 138.)
346. Forwarding of Personal Valuables

Each national Information Bureau shall, furthermore be responsible for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables. (GC, art. 139.)
347. Central Agency

The national Information Bureau and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. (GC, art. 141.)
349. Relief Societies and Other Organizations

Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes, or for assisting them in organizing their leisure time within the places of internment. Such societies or organizations maybe constituted in the territory of the Detaining Power, or in any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons.
The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times. (GC, art. 142.)
350. Supervision
Representatives or delegates of the Protecting Powers shall have permission to go to all places where protected persons are, particularly to places of internment detention and work.
They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter.
Such visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. Their duration and frequency shall not be restricted.
Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupying Power, the Protecting Power and, when occasion arises, the Power of origin of the persons to be visited, may agree that compatriots of the internees shall be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties. (GC, art. 143.)
CHAPTER 6
OCCUPATION
Section I. GENERAL
351. Military Occupation
Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised. (HR, art. 42.)
352. Invasion Distinguished
a.
Nature of Invasion. If resistance is offered, the state of invasion within any portion of a belligerent’s territory corresponds with the period of resistance. If the invasion is unresisted, the state of invasion lasts only until the invader has taken firm control of the area with the intention of holding it. Invasion is not necessarily occupation, although occupation is normally preceded by invasion and may frequently coincide with it. An invader may attack with naval or air forces or its troops may push rapidly through a large portion of enemy territory without establishing that effective control which is essential to the status of occupation. Small raiding parties or flying columns, reconnaissance detachments or patrols moving through an area cannot be said to occupy it. Occupation, on the other hand, is invasion plus taking firm possession of enemy territory for the purpose of holding it.

b.
Application of Law of Occupation. The rules set forth in this chapter apply of their own force only to belligerently occupied areas, but they should, as a matter of policy, be observed as far as possible in areas through which troops are passing and even on the battlefield.

353. Subjugation or Conquest Distinguished
Belligerent occupation in a foreign war, being based upon the possession of enemy territory, necessarily implies that the sovereignty of the occupied territory is not vested in the occupying power. Occupation is essentially provisional.
On the other hand, subjugation or conquest implies a transfer of sovereignty, which generally takes the form of annexation and is normally effected by a treaty of peace. When sovereignty passes, belligerent occupation, as such, of course ceases, although the territory may and usually does, for a period at least, continue to be governed through military agencies.
354. Friendly Territory Subject to Civil Affairs Administration Distinguished
Civil affairs administration is that form of administration established in friendly territory whereby a foreign government pursuant to an agreement, expressed or implied, with the government of the area concerned, may exercise certain authority normally the function of the local government.
Such administration is often established in areas which are freed from enemy occupation. It is normally required when the government of the area concerned is unable or unwilling to assume full responsibility for its administration. Territory subject to civil affairs administration is not considered to be occupied.
If circumstances have precluded the conclusion of a civil affairs agreement with the lawful government of allied territory recovered from enemy occupation or of other territory liberated from the enemy, military government may be established in the area as a provisional and interim measure (see par. 12 b and c). A civil affairs agreement should, however, be concluded with the lawful government at the earliest possible opportunity.
355. Occupation as Question of Fact

Military occupation is a question of fact. It presupposes a hostile invasion, resisted or unresisted, as a result of which the invader has rendered the invaded government incapable of publicly exercising its authority, and that the invader has successfully substituted its own authority for that of the legitimate government in the territory invaded.
356. Effectiveness of Occupation

It follows from the definition that belligerent occupation must be both actual and effective, that is, the organized resistance must have been overcome and the force in possession must have taken measures to establish its authority. It is sufficient that the occupying force can, within a reasonable time, send detachments of troops to make its authority felt within the occupied district. It is immaterial whether the authority of the occupant is maintained by fixed garrisons or flying columns, whether by small or large forces, so long as the occupation is effective. The number of troops necessary to maintain effective occupation will depend on various considerations such as the disposition of the inhabitants, the number and density of the population, the nature of the terrain, and similar factors. The mere existence of a fort or defended area within the occupied district, provided the fort or defended area is under attack, does not render the occupation of the remainder of the district ineffective. Similarly, the mere existence of local resistance groups does not render the occupation ineffective.
357. Proclamation of Occupation

In a strict legal sense no proclamation of military occupation is necessary. However, on account of the special relations established between the inhabitants of the occupied territory and the occupant by virtue of the presence of the occupying forces, the fact of military occupation, with the extent of territory affected, should be made known. The practice of the United States is to make this fact known by proclamation.
358. Occupation Does Not Transfer Sovereignty

Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty. The exercise of these rights results from the established power of the occupant and from the necessity of maintaining law and order, indispensable both to the inhabitants and to the occupying force. It is therefore unlawful for a belligerent occupant to annex occupied territory or to create a new State therein while hostilities are still in progress. (See GC, art. 47; par. 365 herein.)
359. Oath of Allegiance Forbidden

It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power. (HR, art. 45.)
360. Maintenance of Occupation

Occupation, to be effective, must be maintained. In case the occupant evacuates the district or is driven out by the enemy, the occupation ceases. It does not cease, however, if the occupant, after establishing its authority, moves forward against the enemy, leaving a smaller force to administer the affairs of the district. Nor does the existence of a rebellion or the activity of guerrilla or paramilitary units of itself cause the occupation to cease, provided the occupant could at any time it desired assume physical control of any part. of the territory. If, however, the power of the occupant is effectively displaced for any length of time, its position towards the inhabitants is the same as before occupation.
361. Termination of Occupation

The law of belligerent occupation generally ceases to be applicable under the conditions set forth in paragraphs 353 and 360. However, with respect to the provisions of GC alone, Article 6 of that Convention provides:
In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention; 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77,
143.

Protected persons whose release, repatriation or re-establishment may take place after such dates shall meanwhile continue to benefit by the present Convention. (GC, art. 6, 3d and 4th paras.)
Section II. ADMINISTRATION OF OCCUPIED TERRITORY
362. Necessity for Military Government
Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory. The necessity for such government arises from the failure or inability of the legitimate government to exercise its functions on account of the military occupation, or the undesirability of allowing it to do so. (See par. 12, which discusses military government, and par. 354, dealing with civil affairs administration.)
363. Duty to Restore and Maintain Public Order
The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. (HR, art. 43.)
364. Occupation Costs
The economy of an occupied country can only be required to bear the expenses of the occupation, and these should not be greater than the economy of the country can reasonably be expected to bear.
365. Inviolability of Rights
Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part. of the occupied territory. (GC, art. 47.)
366. Local Governments Under Duress and Puppet Governments
The restrictions placed upon the authority of a belligerent government cannot be avoided by a system of using a puppet government, central or local, to carry out acts which would be unlawful if performed directly by the occupant. Acts induced or compelled by the occupant are nonetheless its acts.
367. Functions of Government
a.
Paramount Authority of Occupant. The functions of the hostile government—whether of a general, provincial, or local character—continue only to the extent they are sanctioned by the occupant.

b.
Functions of Local Government. The occupant may, while retaining its paramount authority, permit the government of the country to perform some or all of its normal functions. It may, for example, call upon the local authorities to administer designated rear areas, subject to the guidance and direction of the occupying power. Such action is consistent with the status of occupation, so long as there exists the firm possession and the purpose to maintain paramount authority.

368. Nature of Government
It is immaterial whether the government over an enemy’s territory consists in a military or civil or mixed administration. Its character is the same and the source of its authority the same. It is a government imposed by force, and the legality of its acts is determined by the law of war.
369. Local Law and New Legislation
The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws.
The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligation under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them. (GC, art. 64.)
370. Laws in Force

In restoring public order and safety, the occupant will continue in force the ordinary civil and penal (criminal) laws of the occupied territory except to the extent it may be authorized by Article 64, GC (par 369), and Article 43, HR (par. 363), to alter, suspend, or repeal such laws (see also HR art. 23 (h) ; par. 372 herein; and GC, art. 51; par. 418 herein). These laws will be administered by the local officials as far as practicable. Crimes not of a military nature and not affecting the occupant’s security are normally left to the jurisdiction of the local courts.
371. Nature of Laws Suspended or Repealed

The occupant may alter, repeal, or suspend laws of the following types:
a.
Legislation constituting a threat to its security, such as laws relating to recruitment and the bearing of arms.

b.
Legislation dealing with political process, such as laws regarding the rights of suffrage and of assembly.

c. Legislation the enforcement of which would be inconsistent with the duties of the occupant, such as laws establishing racial discrimination.
372. Prohibition as to Rights and Rights of Action
It is especially forbidden * * * to declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. (HR, art. 23, par. (h).)
373. Suspension of Ordinary Courts

The ordinary courts of justice should be suspended only if:
a.
Judges and magistrates abstain from fulfilling their functions (see GC, art. 54; par. 422 herein); or

b.
The courts are corrupt or unfairly constituted; or

c. Local judicial administration has collapsed during the hostilities preceding the occupation and the occupant must set up its own courts to ensure that offenses against the local laws are properly tried. In such cases, the occupant may establish courts of its own and make this measure known to the inhabitants.
374. Immunity of Occupation Personnel From Local Law
Military and civilian personnel of the occupying forces and occupation administration and persons accompanying them are not subject to the local law or to the jurisdiction of the local courts of the occupied territory unless expressly made subject thereto by a competent officer of the occupying forces or occupation administration. The occupant should see to it that an appropriate system of substantive law applies to such persons and that tribunals are in existence to deal with civil litigation to which they are parties and with offenses committed by them.
375. Freedom of Movement

The occupant may withdraw from individuals the right to change their residence, restrict freedom of internal movement, forbid visits to certain districts, prohibit emigration and immigration (but see GC, art. 48; par. 381 herein), and require that all individuals carry identification documents.
376. Commercial Restrictions

The occupant has the right to regulate commercial intercourse in the occupied territory. It may subject such intercourse to such prohibitions and restrictions as are essential to the purposes of the occupation. The commander of the occupying forces will usually find it advisable to forbid intercourse between the occupied territory and the territory still in the possession of the enemy.
377. Censorship

The belligerent occupant may establish censorship of the press, radio, theater, motion pictures, and television, of correspondence, and of all other means of communication. It may prohibit entirely the publication of newspapers or prescribe regulations for their publication and circulation. The occupant is not required to furnish facilities for postal service, but may take charge of them itself, especially if the officials of the occupied district fail to act or to obey its orders.
378. Means of Transportation
The belligerent occupant exercises authority over all means of transportation, both public and private, within the occupied district, and may seize them and regulate their operation.
Section III. RIGHTS OF THE POPULATION OF OCCUPIED TERRITORY
379. Other Provisions of Law
Articles 27-34, GC (paras. 266-273), apply to occupied territory and should be read together with the provisions of this section.
380. Respect for Human Rights
Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected. (HR, art. 46, 1st par.)
381. Special Cases of Repatriation
Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article. (GC, art. 48.)
382. Deportations, Transfers, Evacuations
Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.
Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.
The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated.
The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place.
The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand.
The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies (GC, art. 49.)
383. Children
The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children.
The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it.
Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend.

A special section of the Bureau setup in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available.
The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war, which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years. (GC, art. 50.)
384. Food and Medical Supplies for the Population
a. Treaty Provision.

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.
*******

The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements (GC, art. 55, 1st and 3d paras.)
b. Other Articles To Be Supplied. The other articles which the occupant is required to provide under the above provision include all urgently required goods which may be essential to the life of the territory.
385. Hygiene and Public Health

To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties.
If new hospitals are setup in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article
18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21.
In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory. (GC, art. 56.)
386. Requisition of Hospitals

The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation.
The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population. (GC, art. 57.)
387. Spiritual Assistance

If the whole or part. of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal.
Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing.
All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection.
A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power. (GC, art. 59.)
389. Responsibilities of the Occupying Power
Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55,56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power. (GC, art. 60.)
390. Distribution
The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body.
Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments.
All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories. (GC, art. 61.)
391. Individual Relief
Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them. (GC, art. 62.)
392. National Red Cross and Other Relief Societies
Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power:
(a)
recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences Other relief societies shall be permitted to continue their humanitarian activities under similar conditions;

(b)
the Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities.

It is especially forbidden * * * to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war. (HR, art. 23, par. (g).)
b. Occupying Power.

Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. GC, art. 53.)
c. General Devastation. See paragraph 56.

394. Determination Whether Property Is Public or Private
a.
Beneficial Ownership. Under modern conditions, the distinction between public and private property is not always easy to draw. For the purpose of treatment of property under belligerent occupation, it is often necessary to look beyond strict legal title and to ascertain the character of the property on the basis of the beneficial ownership thereof. Thus, for example, trust funds, pension funds, and bank deposits generated by private persons are not to be regarded as public property simply by reason of their being held by a State-owned bank.

b.
Property of Mixed Ownership. For the purpose of determining what type of control the occupant may exercise over property (by way of confiscation, seizure, requisition, etc.), the most cogent evidence of public character is such a complete or partial assumption by the State of the economic risk involved in the holding and management of the property in question that, the State, rather than private individuals or corporation, would be subjected to a substantial

portion of the loss were the property to be appropriated for the use of the occupant. Should property which is ostensibly private be subjected to a large measure of governmental control and management or perform functions which are essentially public, these facts would tend to indicate that the property should be regarded in practice as public.
If property which is appropriated by the occupant is beneficially owned in part. by the State and in part. by private interests, the occupation authorities should compensate the private owners to the extent of their interest. Such compensation should bear the same relationship to the full compensation which would be paid if the property were entirely privately owned as their interest bears to the total value of the property concerned. The occupant may take what measures it deems necessary to assure that no portion of the compensation paid on account of private interests accrues to the State.
c. Property of Unknown Ownership. If it is unknown whether certain property is public or private, it should be treated as public property until its ownership is ascertained.
395. Seized Property

Valid capture or seizure of property requires both an intent to take such action and a physical act of capture or seizure. The mere presence within occupied territory of property which is subject to appropriation under international law does not operate to vest title thereto in the occupant.
396. Title to Captured or Seized Enemy Property

Public property captured or seized from the enemy, as well as private property validly captured on the battlefield and abandoned property, is property of the United States (see U. S. Const., Art. I, sec. 8, cl. 11), and failure to turn over such property to the proper authorities or disposal thereof for personal profit is a violation of Article 103 of the Uniform Code of Military Justice.
397. Pillage
a. Treaty Provision.

Pillage is formally forbidden. (HR, art. 47.) (See also HR, art. 28; par. 47 herein; GC, art. 33; par. 272 herein.)
b. Violation of military law. A member of the armed forces who before or in the presence of the enemy quits his place of duty to plunder or pillage is guilty of the offense of misbehavior before the enemy. (UCMJ, Art. 99 (6).)
398. Private Gain by Officers and Soldiers

Neither officers nor soldiers of the United States are allowed to make use of their position or power in the hostile country for private gain, not even for commercial transactions otherwise legitimate.
399. Property Control

Property within occupied territory may be controlled by the occupant to the degree necessary to prevent its use by or for the benefit of the hostile forces or in a manner harmful to the occupant. Conservators may be appointed to manage the property of absent persons (including nationals of the United States and of friendly States) and of internees, property managed by such persons, and property of persons whose activities are deemed to be prejudicial to the occupant. However, when the owners or managers of such property are again able to resume control of their property and the risk of its hostile use no longer exists, it must be returned to them.
Measures of property control must not extend to confiscation. However, the authority of the occupant to impose such controls does not limit its power to seize or requisition property or take such other action with respect to it as may be authorized by other provisions of law.
400. Real Property of a State

The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct. (HR, art. 55.)
401. State Real Property Susceptible of Direct Military Use
Real property of a State which is of direct military use, such as forts, arsenals, dockyards, magazines, barracks, railways, bridges, piers, wharves, airfields, and other military facilities, remains in the hands of the occupant until the close of the war, and may be destroyed or damaged, if deemed necessary to military operations.
402. Occupant’s Disposition of Real Property of a State
Real property of the enemy State which is essentially of a non-military nature, such as public buildings and offices, land, forests, parks, farms, and mines, may not be damaged or destroyed unless such destruction is rendered absolutely necessary by military operations (see Art. 53, GC; par. 393 herein). The occupant does not have the right of sale or unqualified use of such property. As administrator or usufructuary he should not exercise his rights in such a wasteful and negligent manner as seriously to impair its value. He may, however, lease or utilize public lands or buildings, sell the crops, cut and sell timber, and work the mines. The term of a lease or contract should not extend beyond the conclusion of the war.
403. Movable Property of a State
An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for operations of the war.
All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval laws, depots of arms, and, generally, all kinds of ammunition of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made. (HR, art. 53.)
404. Classes of Movable Property
All movable property belonging to the State susceptible of military use may be taken possession of and utilized for the benefit of the occupant’s government. Under modern conditions of warfare, a large proportion of State property may be regarded as capable of being used for military purposes. However, movable property which is not susceptible of military use must be respected and cannot be appropriated.
405. Municipal, Religious, Charitable, and Cultural Property
a. Treaty Provision.

The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.
All seizure or destruction of, or wilful damage to, institutions of this character, historic monuments, works of art. and science, is forbidden, and should be made the subject of legal proceedings. (HR, art. 56.)
b.
Use of Such Premises. The property included in the foregoing rule may be requisitioned in case of necessity for quartering the troops and the sick and wounded, storage of supplies and material, housing of vehicles and equipment, and generally as prescribed for private property. Such property must, however, be secured against all avoid-able injury, even when located in fortified places which are subject to seizure or bombardment.

c.
Religious Buildings, Shrines, and Consecrated Places. In the practice of the United States, religious buildings, shrines, and consecrated places employed for worship are used only for aid stations, medical installations, or for the housing of wounded personnel awaiting evacuation, provided in each case that a situation of emergency requires such use.

406. Private Property: General
a. Treaty Provision.

Private property cannot be confiscated. (HR, art. 46, 2d par.)
b. Prohibited Acts. The foregoing prohibition extends not only to outright taking in violation of the law of war but also to any acts which, through the use of threats, intimidation, or pressure or by actual exploitation of the power of the occupant, permanently or temporarily deprive the owner of the use of his property without his consent or without authority under international law.
407. Private Real Property
Immovable private enemy property may under no circumstances be seized. It may, however, be requisitioned (see par. 412).
408. Private Movable Property Susceptible of Direct Military Use
See Article 53, HR (par. 403).

409. Receipts

If private property is seized in conformity with the preceding paragraph, a receipt therefor should be given the owner or a record made of the nature and quantity of the property and the name of the owner or person in possession in order that restoration and compensation may be made at the conclusion of the war.
410. Types of Private Property Susceptible to Direct Military Use
a.
Seizure. The rule stated in the foregoing paragraph includes everything susceptible of direct military use, such as cables, telephone and telegraph plants, radio, television, and telecommunications equipment, motor vehicles, railways, railway plants, port facilities, ships in port, barges and other watercraft, airfields, aircraft, depots of arms, whether military or sporting, documents connected with the war, all varieties of military equipment, including that in the hands of manufacturers, component parts of or material suitable only for use in the foregoing, and in general all kinds of war material.

b.
Destruction. The destruction of the foregoing property and all damage to the same is justifiable only if it is rendered absolutely necessary by military operations. (See GC, art. 53; par. 393b herein.)

411. Submarine Cables
a. Treaty Provision.

Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made. (HR, art. 54.)
b. Application. The foregoing provision applies only to activities on land and does not deal with seizure or destruction of cables in the open sea.
412. Requisitions
a. Treaty Provision.

Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part. in operations of the war against their country.
Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied.
Contributions in kind shall, as far as possible, be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible. (HR, art. 52.)
b. What May Be Requisitioned. Practically everything may be requisitioned under this article that is necessary for the maintenance of the army, such as fuel, food, clothing, building materials, machinery, tools, vehicles, furnishings for quarters, etc. Billeting of troops in occupied areas is also authorized.
413. Requisitioning of Foodstuffs and Medical Supplies
The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods. (GC, art. 55, 2d par.)
414. Requisition of Hospitals
See Article 57, GC (par. 386).
415. Method of Requisitioning

Requisitions must be made under the authority of the commander in the locality. No prescribed method is fixed, but if practicable requisitions should be accomplished through the local authorities by systematic collection in bulk. They may be made direst by detachments if local authorities fail or if circumstances preclude resort to such authorities.
416. Prices and Compensation for Requisitioned Articles and Services
The prices of articles and services requisitioned will be fixed by agreement if possible, otherwise by military authority. Receipts should be taken up and compensation paid promptly.
417. Method of Enforcing Requisition
Coercive measures will be limited to the amount and kind necessary to secure the articles requisitioned.
Section VI. SERVICES OF INHABITANTS AND OF OFFICIALS
418. Labor of Protected Persons
The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.
The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation or for the public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part. in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour.
The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article.
In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character. (GC, art. 51.) (See also HR, art. 23, 2d par.; par. 32 herein.)
419. Services Which May be Requisitioned
The services which may be obtained from inhabitants by requisition include those of professional men, such as engineers, physicians and nurses and of artisans and laborers, such as clerks, carpenters, butchers, bakers, and truck drivers. The officials and employees of rail-ways, trucklines, airlines, canals, river or coastwise steamship companies, telegraph, telephone, radio, postal and similar services, gas, electric, and water works, and sanitary authorities, whether employed by the State or private companies, may be requisitioned to perform their professional duties only so long as the duties required do not directly concern the operations of war against their own country. The occupant may also requisition labor to restore the general condition of the public works to that of peace, including the repair of roads, bridges, and railways, and to perform services on behalf of the local population, such as the care of the wounded and sick and the burial of the dead.
420. Prohibited Labor
The prohibition against forcing the inhabitants to take part. in military operations against their own country precludes requisitioning their services upon works directly promoting the ends of the war, such as construction of fortifications, entrenchments, and military airfields or the transportation of supplies or ammunition in the zone of operations. There is no objection in law to their being employed voluntarily and for pay in such work.
421. Protection of Workers
No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power’s intervention.
All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory; in order to induce them to work for the Occupying Power, are prohibited. (GC, art. 52.)
422. Judges and Public Officials
The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience.
This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts. (GC, art. 54.)
423. Oath of Officials

The occupant may require such officials as are continued in their offices to take an oath to perform their duties conscientiously and not to act to its prejudice. Every such official who declines to take such oath may be removed; but, whether he does so or not, he owes strict obedience to the occupant as long as he remains in office.
424. Salaries of Officials

The salaries of civil officials of the hostile government who remain in the occupied territory and continue the work of their offices, especially those who can properly continue it under the circumstances arising out of the war–such as judges, administrative or police officers, officers of city or communal governments-are paid from the public revenues of the occupied territory, until the military government has reason wholly or partially to dispense with their services. Salaries or incomes connected with purely honorary titles are always suspended.
Section VII. PUBLIC FINANCE
425. Taxes
a. Treaty Provision.

If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound. (HR, art. 48.)
b. Surplus. The first charge upon such taxes is for the cost of the administration of the occupied territory. The balance may be used for the purposes of the occupant.
426. Changes in Taxes

a.
When Existing Rules May Be Disregarded. If, due to the flight or unwillingness of the local officials, it is impracticable to follow the rules of incidence and assessment in force, then the total amount of taxes to be paid may be allotted among the districts, towns, etc., and the local authorities required to collect it.

b.
New Taxes. Unless required to do so by considerations of public order and safety, the occupant must not create new taxes.

427. Taxes Collected by Local Authorities

The words “for the benefit of the State” were inserted in the foregoing article (HR, art. 48; par. 425 herein) to exclude local taxes, dues, and tolls collected by local authorities. The occupant may super-vise the expenditure of such revenue and prevent its hostile use.
428. Contributions
a. Treaty Provision.

If, in addition to the taxes mentioned in the above Article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question. (HR, art. 49.)
b. Prohibited Purposes. Contributions may not be levied for the enrichment of the occupant, for the payment of war expenses generally, or for other than the needs of the occupying forces and the administration of the occupied territory.
429. Methods of Levying Contributions

No contribution shall be collected except under a written order, and on the responsibility of a Commanderin-chief.
The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force.
For every contribution a receipt shall be given to the contributors. (HR, art. 51.)
430. Currency and Exchange Controls

The occupying power may leave the local currency of the occupied area in circulation. It is also authorized to introduce its own currency or to issue special currency for use only in the occupied area, should the introduction or issuance of such currency become necessary. The occupant may also institute exchange controls, including clearing arrangements, in order to conserve the monetary assets of the occupied territory. Such measures must not, however, be utilized to enrich the occupant or other-wise circumvent the restrictions placed on requisitions, contributions, seizures, and other measures dealing with property. Intentional debasement of currency by the establishment of fictitious valuation or exchange rates, or like devices, as well as failure to take reasonable steps to prevent inflation, are violative of international law.
431. Expropriation of Property for Local Benefit
In order to ensure public order and safety, as required by Article 43, HR, (par. 363) an occupant is authorized to expropriate either public or private property solely for the benefit of the local population. The occupant is obliged, unless absolutely prevented, to respect the laws in force in the occupied area in so doing.
Section VIII. SECURITY OF THE OCCUPANT: PENAL LEGISLATION AND PROCEDURE
432. Enforcement of Obedience
Subject to the restrictions imposed by international law, the occupant can demand and enforce from the inhabitants of occupied territory such obedience as may be necessary for the security of its forces, for the maintenance of law and order, and for the proper administration of the country. It is the duty of the inhabitants to carry on their ordinary peaceful pursuits, to behave in an absolutely peaceful manner, to take no part. whatever in the hostilities carried on, to refrain from all injurious acts toward the troops or in respect to their operations, and to render strict obedience to the orders of the occupant. As to neutrals resident in occupied territory, see paragraphs 547-551.
433. Security Measures
a. Treaty Provision.

If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.
Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body setup by the said Power.
Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention. (GC, art. 78.)
b. Function of Competent Body. “Competent bodies” to review the internment or assigned residence of protected persons may be created with advisory functions only, leaving the final decision to a high official of the Government.
434. Penal Legislation
See paragraphs 369-371, regarding penal legislation which may be repealed or suspended and legislation which may be promulgated by the occupant.
435. Publication
a. Treaty Provision.

The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive. (GC, art. 65).
b. Form of Publication. The penal provisions referred to in the foregoing article must be promulgated in written form. It is not sufficient that they be announced by radio or loudspeakers.
436. Competent Courts
In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64, the Occupying Power may hand over the accused to its properly constituted non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country. (GC, art. 66.)
437. Applicable Law

The courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence. They shall take into consideration the fact that the accused is not a national of the Occupying Power. (GC, art. 67.)
438. Penalties
a. Treaty Provision.

Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or ad-ministration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period.
The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, or serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began.
The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance.
In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence. (GC, art. 68.)
b.
Reservation as to Death Penalty. The United States has reserved the right to impose the death penalty in accordance with the provisions of Article 68, 2d paragraph, without regard to whether the offenses referred to therein are punishable by death under the law of the occupied territory at the time the occupation begins.

c.
Other Offenses and Penalties. The foregoing article does not preclude the imposition of penalties, such as fines, not depriving the protected person of liberty. Acts in violation of the laws promulgated by the Occupying Power which are not solely intended to harm that Power, as, for example, traveling without a permit or violating exchange control regulations, are also punishable by internment or imprisonment or other penalties depriving the protected person of liberty.

439. Deduction From Sentences of Period Spent Under Arrest
In all cases, the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded. (GC, art. 69.)
440. Offenses Committed Before Occupation

Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war.
Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace. (GC, art. 70.)
441. Penal Procedure

No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial.
Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons.
The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars:
(a)
description of the accused;

(b)
place of residence or detention;

(d)
designation of the court which will hear the case;

(e)
place and date of the first hearing. (GC, art. 71.)

442. Right of Defense
Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence.
Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. When an accused person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel.
Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have the right at any time to object to the interpreter and to ask for his replacement. (GC, art. 72.)
443. Right of Appeal
A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so.
The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power. (GC, art. 73.)
444. Assistance by the Protecting Power
Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power.
Any judgment involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71, and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgments other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment of two years or more, shall not run until notification of judgment has been received by the Protecting Power. (GC, art. 74.)
445. Death Sentence
In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve.
No death sentence shall be carried out before the expiration of a period of at least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve.
The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences (GC, art. 76.)
446. Treatment of Detainees
Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal to those
obtaining in prisons in the occupied country.

They shall receive the medical attention required by their state of health.
They shall also have the right to receive any spiritual assistance which they may require.
Women shall be confined in separate quarters and shall be under the direct supervision of women.
Proper regard shall be paid to the special treatment due to minors.
Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143.
Such persons shall have the right to receive at least one relief parcel monthly. (GC, art. 76.)
447. Close of Occupation

Protected persons who have been accused of offences or convicted by the courts in occupied territory, shall be handed over at the close of occupation, with the relevant records, to the authorities of the liberated territory. (GC, art. 77.)
448. Penalty for Individual Acts of Inhabitants

No general penalty, pecuniary or otherwise shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible. (HR, art. 50.) (See also GC, art. 33; par. 272 herein.)
CHAPTER 7
NONHOSTILE RELATIONS OF BELLIGERENTS
Section I. GENERAL
449. Nonintercourse

All intercourse between the territories occupied by belligerent armies, whether by traffic, communication, travel, or in any other way, ceases. This is the general rule to be observed without special proclamation.
450. Exceptions to Rule

Exceptions to this rule, whether by safe-conduct, license to trade, exchange of mails, or travel from one territory into the other, are made on behalf of individuals only with the approval of the Government or the highest military authority.
451. Forms of Nonhostile Relations of Belligerents
The conduct of war and the restoration of peace require certain nonhostile relations between belligerents. These relations are conducted through parlementaires, military passports, safe-conducts, safeguards, cartels, capitulation, and armistices.
452. Communication Between Belligerent States and Armies
One belligerent may communicate with another directly by radio, through parlementaires, or in a conference, and indirectly through a Protecting Power, a third State other than a Protecting Power, or the International Committee of the Red Cross.
453. Good Faith Essential

It is absolutely essential in all nonhostile relations that the most scrupulous good faith shall be observed by both parties, and that no advantage not intended to be given by the adversary shall be taken.
Section II. MILITARY PASSPORTS, SAFE-CONDUCTS AND
SAFEGUARDS

454. General
Persons within an area occupied by a belligerent may be protected from molestation or interference through military passports, safe-conducts, and safeguards. These devices are a matter of international law only when granted or posted by arrangement with the enemy.
455. Military Passport
A military passport is a document issued by order of a commander of belligerent forces, authorizing a person or persons named therein, residing or sojourning within territory occupied by such forces, to travel unmolested within such territory, with or without permission to pass, or to pass and return, by designated routes, through the lines, subject to such further conditions and limitations as the commander may prescribe.
456. Safe-Conduct
a.
General. Documents like passports, issued by the same authority and for similar purposes, to persons residing or sojourning outside of the occupied area, who desire to enter and remain within or pass through such areas, are called safe-conducts. Similar documents, issued by the same authority, to persons residing within or without the occupied areas, to permit them to carry specified goods to or from designated places within those areas, and to engage in trade otherwise forbidden by the general rule of nonintercourse, are also called safe-conducts. Safe-conducts for goods in which the grantee is given a continuing right for a prescribed period, or until further orders, to engage in the specified trade, are sometimes called licenses to trade.

b.
Safe-Conducts for Ambassadors and Diplomatic Agents. Ambassadors and other diplomatic agents of neutral powers, accredited to the enemy, may receive safe-conducts through the territories occupied by the belligerents, unless there are military reasons to the contrary and unless they may reach the place of their destination conveniently by another route There is, however, no legal requirement that such safe-conducts be issued. Safe-conducts of this nature are usually given by the supreme authority of the State and not by subordinate officers.

457. Safeguard
A safeguard is a detachment, guard, or detail posted by a commander for the protection of persons, places, or property of the enemy, or of a neutral. The term also includes a written order left by a commander with an enemy subject or posted upon enemy property for the protection of the individual or property concerned. It is usually directed to the succeeding commander and requests the grant of protection. The effect of a safeguard is to pledge the honor of the nation that the person or property shall be respected by the national armed forces. The violation of a safeguard is a grave violation of the law of war and, if committed by a person subject to the Uniform Code of Military Justice, is punishable under Article 102 thereof with death or such other punishment as a court-martial may direct.
Soldiers on duty as safeguards occupy a protected status. They may not be attacked, and it is customary to send them back, together with their equipment and arms, to their own army when the locality is occupied by the enemy and as soon as military exigencies permit.
Section III. PARLEMENTAIRES
458. Negotiations Between Belligerents
In the past, the normal means of initiating negotiations between belligerents has been the display of a white flag. In current practice, radio messages to the enemy and messages dropped by aircraft are becoming increasingly important as a prelude to conversations between representatives of the belligerent forces.
The white flag, when used by troops, indicates a desire to communicate with the enemy. The hoisting of a white flag has no other signification in international law. It may indicate that the party hoisting it desires to open communication with a view to an armistice or a surrender. If hoisted in action by an individual soldier or a small party, it may signify merely the surrender of that soldier or party. It is essential, therefore, to determine with reasonable certainty that the flag is shown by actual authority of the enemy commander before basing important action upon that assumption.
The enemy is not required to cease firing when a white flag is raised. To indicate that the hoisting is authorized by its commander, the appearance of the flag should be accompanied or followed promptly by a complete cessation of fire from that side. The commander authorizing the hoisting of the flag should also promptly send a parlementaire or parlementaires.
459. Parlementaires

Parlementaires are agents employed by commanders of belligerent forces in the field, to go in person within the enemy lines, for the purpose of communicating or negotiating openly and directly with the enemy commander.
460. Inviolability of Parlementaire

A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and the interpreter who may accompany him. (HR, art. 32.)
461. Fire Not To Be Directed on the Parlementaire
Fire should not be intentionally directed on parlementaires or those accompanying them. If, however, the parlementaires or those near them present themselves during an engagement and are killed or wounded, it furnishes no ground for complaint. It is the duty of the parlementaire to select a propitious moment for displaying his flag, such as during the intervals of active operations, and to avoid dangerous zones by making a detour.
462. Credentials of Parlementaire

Parlementaires must be duly authorized in a written instrument signed by the commander of the forces.
463. Reception of Parlementaire

The commander to whom a parlementaire is sent is not in all cases obliged to receive him.
He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information.
In case of abuse, he has the right to detain the parlementaire temporarily. (HR, art. 33.)
464. Conditions for Receipt of Parlementaire

A commander may declare the formalities and conditions upon which he will receive a parlementaire and fix the hour and place at which he must appear. The present rule is that a belligerent may not declare beforehand, even for a specified period-except in case of reprisal for abuses of the flag of truce-that he will not receive parlementaires. An unnecessary repetition of visits need not be allowed.
While within the lines of the enemy, the parlementaire must obey all instructions given him. He may be required to deliver his message to a subordinate of the commander.
465. Detention of Parlementaire

In addition to the right of detention for abuse of his position, a parlementaire may be detained in case he has seen anything or obtained knowledge which may be detrimental to the enemy, or if his departure would reveal information on the movement of troops. He should be detained only so long as circumstances imperatively demand, and information should be sent at once to his commander as to such detention, as well as of any other action taken against him or against his party.
466. Loss of Inviolability

The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treachery. (HR, art. 34.)
467. Abuse of Flag of Truce

It is an abuse of the flag of truce, forbidden as an improper ruse under Article 23 (f), HR (par. 52), for an enemy not to halt and cease firing while the parlementaire sent by him is advancing and being received by the other party; likewise, if the flag of truce is made use of for the purpose of inducing the enemy to believe that a parlementaire is going to be sent when no such intention exists. It is also an abuse of a flag of truce to carry out operations under the protection accorded by the enemy to it and those accompanying it. An individual or a party acts treacherously in displaying a white flag indicative of surrender as a ruse to permit attack upon the forces of the other belligerent. An abuse of a flag of truce may authorize a resort to reprisals.
468. Neutral Areas

If it is anticipated that negotiations between belligerents may be prolonged, a neutralized area may by agreement of the parties be set aside for the site of the negotiations. The belligerents may agree that no combat activity will take place within or over the area and that forces will be detailed to maintain the security of the area. The area designated as neutral on maps interchanged by representatives of the belligerents may be marked with searchlights, balloons, and other devices to insure that it will not be attacked.
Section IV. CARTELS
469. Cartels
In its narrower sense, a cartel is an agreement entered into by belligerents for the exchange of prisoners of war. In its broader sense, it is any convention concluded between belligerents for the purpose of arranging or regulating certain kinds of nonhostile intercourse other-wise prohibited by reason of the existence of the war. Both parties to a cartel are in honor bound to observe its provisions with the most scrupulous care, but it is voidable by either party upon definite proof that it has been intentionally violated in an important particular by the other party. (See par. 197.)
Section V. CAPITULATIONS
470. Capitulation Defined
A capitulation is an agreement entered into between commanders of belligerent forces for the surrender of a body of troops, a fortress, or other defended locality, or of a district of the theater of operations. A surrender may be effected without resort to a capitulation.
471. Military Honor in Capitulations
Capitulations agreed upon between the contracting parties must take into account the rules of military honour.
Once settled, they must be scrupulously observed by both parties. (HR, art. 35.)
472. Powers of Commanders
Subject to the limitations hereinafter indicated, the commander of a body of troops is presumed to be duly authorized to enter into capitulations. In the case of a commander of a military force of the United States, if continued battle has become impossible and he can-not communicate with his superiors, these facts will constitute proper authority to surrender. If a commander of military forces of the United States surrenders unnecessarily and shamefully or in violation of orders from higher authority, he is liable to trial and punishment (see UCMJ, Art. 99 (2)). The fact that any commander surrenders in violation of orders or the law of his own State does not impair the validity of the surrender. A commanding officer’s powers do not extend beyond the forces and territory under his command. Unless so authorized by his government, he does not possess power to bind his government to a permanent cession of the place or places under his command, or to any surrender of sovereignty over territory, or to any cessation of hostilities in a district beyond his command, or to agree to terms of a political nature or such as will take effect after the termination of hostilities.
473. Surrenders Concluded by Political Authorities
The surrender of a place or force may also be arranged by the political authorities of the belligerents without the intervention of the military authorities. In this case the capitulation may contain other than military stipulations.
474. Form of Capitulations
There is no specified form for capitulation. They may be concluded either orally or in writing, but in order to avoid disputes, they should be reduced to writing. The agreement should contain in precise terms every condition to be observed on either side, excepting such condition as are clearly imposed by the laws of war. Details of time and procedure should be prescribed in the most exact and unequivocal language. Even in case of an unconditional surrender, when the terms are dictated by the victor, they should nevertheless be embodied in a written capitulation as soon as practicable.
475. Subjects Usually Regulated
In the capitulation (the instrument of surrender), the following subjects are usually dealt with, insofar as they are relevant to the circumstance of the particular surrender:
a.
The force or territory which is surrendered and the exact time at which the surrender is to take effect.

b.
Disposition of the enemy forces. A stipulation is normally included concerning the movements and administration of the surrendered force after the surrender. The provisions of the capitulation may, for example, require that the troops assemble at designated points or that they remain in their present positions It is normally understood that the surrendered forces are to become prisoners of war. In the event both belligerents are parties to GPW, little or nothing more on that subject need be included in the capitulation. How-ever, special circumstances, such as inability of the victor to guard, evacuate, and maintain large numbers of prisoners of war or to occupy the area in which enemy military forces are present, may justify the victorious commander in allowing the defeated force to remain in its present positions, to withdraw, or to disperse after having been disarmed and having given their paroles, provided that the giving of paroles is not forbidden by the laws of their own country and that they are willing to give their paroles (see par, 185).

c.
If a place or area is surrendered, provisions relative to the withdrawal of the defenders and the entering into possession of the victorious troops. These matters should be fixed in advance with precision.

d. Disposition of medical personnel and the wounded and sick.

e.
Disposition of prisoners of war, civilian internees, and other persons held in the custody of the surrendered troops.

g.
Prohibition of destruction by the surrendered forces of their materiel or installations, or communications, transportation facilities, and other public utilities in the area concerned.

h.
The provision of facilities and of information on such matters as minefield and other defense measures.

i.
The civil administration of the area concerned, if a place or area is surrendered.

j.
Orders given by the victor. It is normally stipulated that the orders of the victorious commander will be scrupulously carried out by the surrendered forces and that those who fail to comply with such orders or with the terms of the surrender itself will be severely punished.

476. Damage or Destruction of Property Prohibited After Surrender
From the moment of surrender the party surrendering has no right to demolish, destroy, or injure facilities, installations, or materiel under his control, unless otherwise stipulated in the capitulation. Nothing, however, prevents a commander who intends to surrender from carrying out such destruction, provided he does so before signing the capitulation.
477. Violation of Terms of a Capitulation

Violation of the terms of a capitulation by individuals is punishable as a war crime. If the violation is directed by the commander who capitulated or by higher authority, the other belligerent may denounce the capitulation and resume hostilities. Like action may also be taken if the capitulation was obtained through a breach of faith.
478. Unconditional Surrender

An unconditional surrender is one in which a body of troops gives itself up to its enemy without condition. It need not be effected on the basis of an instrument signed by both parties. Subject to the restrictions of the law of war, the surrendered troops are governed by the directions of the State to which they surrender.
Section VI. ARMISTICES
479. Definition

An armistice (or truce, as it is sometimes called) is the cessation of active hostilities for a period agreed upon by the belligerents. It is not a partial or temporary peace; it is only the suspension of military operations to the extent agreed upon by the parties.
480. Effect of Armistice

An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not de-fined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice. (HR, art. 36.)
481. Armistice No Excuse for Lack of Vigilance
The existence of an armistice does not warrant relaxation of vigilance in the service of security and protection, or in the preparedness of troops for action, or exposing positions to the enemy.
482. Kinds of Armistice
An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius. (HR, art. 37.)
483. General Armistices
General armistices are usually of a combined political and military character. They usually precede the negotiations for peace, but may be concluded for other purposes. Due to its political importance, a general armistice is normally concluded by senior military officers or by diplomatic representatives or other high civilian officials. If an armistice contains political terms, it must be made under authorization from the governments concerned or subject to approval by them.
484. Local Armistices
A local armistice suspends operations between certain portions of the belligerent forces or within a designated district of the theater of operations. A local armistice may be concluded by the military forces only, or by the naval forces only, or between a less number than all of the belligerents at war. Commanders of the forces concerned are presumed to be competent to conclude local armistices, and ratification upon the part. of their governments is not required unless specially stipulated in the armistice agreement.
It is always a condition of a local armistice that a considerable part. of the forces and the region of war must be included and that the cause for which it is concluded is not merely some pressing local interest, as in the case of a suspension of arms (see next paragraph), but one of a more general character, such as a general exhaustion of the opposing belligerent in one part. of the theater of war.
485. Suspension of Arms
A suspension of arms is a form of armistice concluded between commanders of military forces for some local military purpose, such as to bury the dead, to collect the wounded, to arrange for exchange of prisoners, or to enable a commander to communicate with his government or superior officer.
486. Form of Armistice
No special form for an armistice is prescribed. It should, if possible, be reduced to writing, in order to avoid misunderstandings and for the purpose of reference should differences of opinion arise. It should be drafted with the greatest precision and with absolute clearness.
487. What Stipulations an Armistice Should Contain
Stipulations covering the following matters should be incorporated in an armistice:
a.
Precise Date, Day, and Hour of Commencement of the Armistice. The precise date, day, and hour for the suspension of hostilities should also be stipulated. The effective times maybe different in different geographical areas. An armistice commences, in the absence of express mention to the contrary, at the moment it is signed.

b.
Duration of the Armistice. The duration may be for a definite or indefinite period. In case it is indefinite, a belligerent may resume operations at any time after notice. The terms and manner of giving such notice should be specified. If a term is fixed and no agreement has been made for prolonging it, hostilities may be resumed without notice at the expiration of the term in the absence of positive agreement to the contrary.

c.
Principal Lines and All Other Marks or Signs Necessary To Determine the Locations of the Belligerent Troops. For this purpose maps with the lines indicated thereon may be attached to and made part. of the armistice. Provision may be included for a neutral zone between the two armies. It is usually agreed that these lines are not to be crossed or the neutral zone entered except by parlementaires or other parties by special agreement for specified purposes, such as to bury the dead and collect the wounded.

d.
Relation of the Armies With the Local Inhabitants. If it is desired to make any change during the armistice in the relations between the opposing forces and the peaceable inhabitants, this must be accomplished by express provision. Otherwise these relations remain unchanged, each belligerent continuing to exercise the same rights as before, including the right to prevent or control all intercourse between the inhabitants within his lines and persons within the enemy lines.

e.
Acts To Be Prohibited During the Armistice. In the absence of stipulations to the contrary, each belligerent is authorized to make movements of troops within his own lines, to receive reinforcements, to construct new fortifications, installations, and bases, to build and repair transportation and communications facilities, to seek information about the enemy, to bring up supplies and equipment, and, in general, to take advantage of the time and means at his disposal to prepare for resuming hostilities.

f.
Disposition of Prisoners of War. If it is desired that prisoners of war and civilian internees should be released or exchanged, specific provisions in this regard should be made. (See GPW, art. 118; par. 198 herein. )

g.
Consultative Machinery. It is generally desirable to provide for the establishment of a commission, composed of representatives of the opposing forces, to supervise the implementation of the armistice agreement. Additional commissions, composed of representatives of the belligerents or of neutral powers or both, may be constituted to deal with such matters as the repatriation of prisoners of war.

It rests with the contracting parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerents State and those of the other. (HR, art. 39.)
b. Rule in Absence of Stipulation. If nothing is stipulated, the intercourse remains suspended, as during actual hostilities.
490. Notification of Armistice

An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed. (HR, art. 38.)
491. When Binding

An armistice is binding upon the belligerents from the time of the agreed commencement, but the officers of the armies are responsible only from the time when they receive official information of its existence.
492. Denunciation of Armistice

Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately. (HR, art. 40.)
493. Denunciation Must Not Involve Perfidy

An armistice, like other formal agreements between belligerents, engages the honor of both parties for the exact and complete fulfillment of every obligation thereby imposed. It would be an outrageous act of perfidy for either party, without warning, to resume hostilities during the period of an armistice, with or without a formal denunciation thereof, except in case of urgency and upon convincing proof of intentional and serious violation of its terms by the other party. Nevertheless, under the article last above quoted, upon definite proof of such a violation of the armistice, if the delay incident to formal denunciation and warning seems likely to give the violator a substantial advantage of any kind, the other party is free to resume hostilities without warning and with or without a formal denunciation.
494. Violations of Armistice by Individuals
a. Treaty Provision.

A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained. (HR, art. 41.)
b. Private Individuals Defined. A private individual, in the sense of the foregoing article, refers to any person, including a member of the armed forces, who acts on his own responsibility.
c. Effect of Violation of Armistice by Individuals. Violation of the terms of an armistice by individuals is punishable as a war crime. Such violations by individual soldiers or subordinate officers do not justify denunciation of the armistice unless they are proved to have been committed with the knowledge and actual or tacit consent of their own government or commander. Consent may be inferred in the event of a persistent failure to punish such offenders.
CHAPTER 8

REMEDIES FOR VIOLATION OF INTERNATIONAL LAW; WAR
CRIMES

Section I. REMEDIES AND REPRISALS
495. Remedies of Injured Belligerent
In the event of violation of the law of war, the injured party may legally resort to remedial action of the following types:
a. Publication of the facts, with a view to influencing public opinion against the offending belligerent.
b. Protest and demand for compensation and/or punishment of the individual offenders. Such communications may be sent through the protecting power, a humanitarian organization performing the duties of a protecting power, or a neutral state, or by parlementaire direct to the commander of the offending forces. Article 3, H. IV, provides in this respect:
A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part. of its armed forces.
c. Solicitation of the good offices, mediation, or intervention of neutral States for the purpose of making the enemy observe the law of war. See Articles 11, GWS; 11, GWS Sea; 11, GPW; 12, GC (par. 19), concerning conciliation procedure through the protecting powers.
d.
Punishment of captured offenders as war criminals.

e.
Reprisals.

496. Inquiry Concerning Violations of Geneva Conventions of 1949
GWS, GWS Sea, GPW, and GC contain a common provision that—
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. (GWS, art. 52; GWS Sea, art. 53; GPW, art. 132; GC, art. 149.)
497. Reprisals
a.
Definition. Reprisals are acts of retaliation in the form of conduct which would otherwise be unlawful, resorted to by one belligerent against enemy personnel or property for acts of warfare committed by the other belligerent in violation of the law of war, for the purpose of enforcing future compliance with the recognized rules of civilized warfare. For example, the employment by a belligerent of a weapon the use of which is normally precluded by the law of war would constitute a lawful reprisal for intentional mistreatment of prisoners of war held by the enemy.

b.
Priority of Other Remedies. Other means of securing compliance with the law of war should normally be exhausted before resort is had to reprisals. This course should be pursued unless the safety of the troops requires immediate drastic action and the persons who actually committed the offenses cannot be secured. Even when appeal to the enemy for redress has failed, it may be a matter of policy to consider, before resorting to reprisals, whether the opposing forces are not more likely to be influenced by a steady adherence to the law of war on the part. of their adversary.

c.
Against Whom Permitted. Reprisals against the persons or property of prisoners of war, including the wounded and sick, and protected civilians are forbidden (GPW, art. 13; GC, art. 33). Collective penalties and punishment of prisoners of war and protected civilians are likewise prohibited (GPW, art. 87; GC, art. 99). However, reprisals may still be visited on enemy troops who have not yet fallen into the hands of the forces making the reprisals.

d.
When and How Employed. Reprisals are never adopted merely for revenge, but only as an unavoidable last resort to induce the enemy to desist from unlawful practices. They should never be employed by individual soldiers except by direct orders of a commander, and the latter should give such orders only after careful inquiry into the alleged offense. The highest accessible military authority should be consulted unless immediate action is demanded, in which event a subordinate commander may order appropriate reprisals upon his own initiative. Ill-considered action may subsequently be found to have been wholly unjustified and will subject the responsible officer himself to punishment for a violation of the law of war. On the other hand, commanding officers must assume responsibility for retaliative measures when an unscrupulous enemy leaves no other recourse against the repetition of unlawful acts.

e.
Form of Reprisal. The acts resorted to by way of reprisal need not conform to those complained of by the injured party, but should not be excessive or exceed the degree of violence committed by the enemy.

f.
Procedure. The rule requiring careful inquiry into the real occurrence will always be followed unless the safety of the troops requires immediate drastic action and the persons who actually committed the offense cannot be ascertained.

g.
Hostages. The taking of hostages is forbidden (GC, art. 34). The taking of prisoners by way of reprisal for acts previously committed (so-called “reprisal prisoners”) is likewise forbidden. (See GC, art. 33.)

Section II. CRIMES UNDER INTERNATIONAL LAW
498. Crimes Under International Law

Any person, whether a member of the armed forces or a civilian, who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment. Such offenses in connection with war comprise:
a.
Crimes against peace.

b.
Crimes against humanity.

c.
War crimes.

Although this manual recognizes the criminal responsibility of individuals for those offenses which may comprise any of the foregoing types of crimes, members of the armed forces will normally be concerned, only with those offenses constituting “war crimes.”
499. War Crimes

The term “war crime” is the technical expression for a violation of the law of war by any person or persons, military or civilian. Every violation of the law of war is a war crime.
500. Conspiracy, Incitement, Attempts, and Complicity
Conspiracy, direct incitement, and attempts to commit, as well as complicity in the commission of, crimes against peace, crimes against humanity, and war crimes are punishable.
501. Responsibility for Acts of Subordinates

In some cases, military commanders may be responsible for war crimes committed by subordinate members of the armed forces, or other persons subject to their control. Thus, for instance, when troops commit massacres and atrocities against the civilian population of occupied territory or against prisoners of war, the responsibility may rest not only with the actual perpetrators but also with the commander. Such a responsibility arises directly when the acts in question have been committed in pursuance of an order of the commander concerned. The commander is also responsible if he has actual knowledge, or should have knowledge, through reports received by him or through other means, that troops or other persons subject to his control are about to commit or have committed a war crime and he fails to take the necessary and reasonable steps to insure compliance with the law of war or to punish violators thereof.
502. Grave Breaches of the Geneva Conventions of 1949 as War Crimes
The Geneva Conventions of 1949 define the following acts as “grave breaches,” if committed against persons or property protected by the Conventions:
a. GWS and GWS Sea.

Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully
and wantonly. (GWS, art. 50; GWS Sea, art. 51.)

b. GPW.

Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or willfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. (GPW, art. 130.)
c. GC.

Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: willful killing, torture or inhuman treatment, including biological experiments willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or willfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. (GC, art. 147.)
503. Responsibilities of the Contracting Parties
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. (GWS, art. 51; GWS Sea, art. 52; GPW, art. 131; GC, art. 148.)
504. Other Types of War Crimes
In addition to the “grave breaches” of the Geneva Conventions of 1949, the following acts are representative of violations of the law of war (“war crimes”):
a.
Making use of poisoned or otherwise forbidden arms or ammunition.

b.
Treacherous request for quarter.

c.
Maltreatment of dead bodies.

d.
Firing on localities which are undefended and without military significance.

e.
Abuse of or firing on the flag of truce.

f.
Misuse of the Red Cross emblem.

g.
Use of civilian clothing by troops to conceal their military character during battle.

h.
Improper use of privileged buildings for military purposes.

i.
Poisoning of wells or streams.

j.
Pillage or purposeless destruction.

k.
Compelling prisoners of war to perform prohibited labor.

l.
Killing without trial spies or other persons who have committed hostile acts.

m.
Compelling civilians to perform prohibited labor.

n.
Violation of surrender terms.

Section III. PUNISHMENT OF WAR CRIMES
505. Trials
a. Nature of Proceeding. Any person charged with a war crime has the right to a fair trial on the facts and law.
b.
Rights of Accused. Persons accused of “grave breaches” of the Geneva Conventions of 1949 are to be tried under conditions no less favorable than those provided by Article 105 and those following (par. 181 and following) of GPW (GWS, art. 49; GWS Sea, art. 50; GPW, art. 129; GC, art. 146, 4th par. only; par. 506 herein.)

c.
Rights of Prisoners of War. Pursuant to Article 85, GPW (par. 161), prisoners of war accused of war crimes benefit from the provisions of GPW, especially Articles 82-108 (paras. 158-184).

d.
How Jurisdiction Exercised. War crimes are within the jurisdiction of general courts-martial (UCMJ, Art. 18), military commissions, provost courts, military government courts, and other military tribunals (UCMJ, Art. 21) of the United States, as well as of inter-national tribunals.

e.
Law Applied. As the international law of war is part. of the law of the land in the United States, enemy personnel charged with war crimes are tried directly under international law without recourse to the statutes of the United States. However, directives declaratory of international law may be promulgated to assist such tribunals in the performance of their function. (See paras. 506 and 507.)

506. Suppression of War Crimes
a. Geneva Conventions of 1949. The Geneva Conventions of 1949 contain the following common undertakings:
The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favorable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. (GWS, art. 49; GWS Sea, art. 50; GPW, art. 129; GC, art. 146.)
b.
Declaratory Character of Above Principles. The principles quoted in a, above, are declaratory of the obligations of belligerents under customary international law to take measures for the punishment of war crimes committed by all persons, including members of a belligerent’s own armed forces.

c.
Grave Breaches. “Grave breaches” of the Geneva Conventions of 1949 and other war crimes which are committed by enemy personnel or persons associated with the enemy are tried and punished by United States tribunals as violations of international law.

If committed by persons subject to United States military law, these “grave breaches” constitute acts punishable under the Uniform Code of Military Justice. Moreover, most of the acts designated as “grave breaches” are, if committed within the United States, violations of domestic law over which the civil courts can exercise jurisdiction.
507. Universality of Jurisdiction

a.
Victims of War Crimes. The jurisdiction of United States military tribunals in connection with war crimes is not limited to offenses committed against nationals of the United States but extends also to all offenses of this nature committed against nationals of allies and of cobelligerents and stateless persons.

b.
Persons Charged With War Crimes. The United States normally punishes war crimes as such only if they are committed by enemy nationals or by persons serving the interests of the enemy State. Violations of the law of war committed by persons subject to the military law of the United States will usually constitute violations of the Uniform Code of Military Justice and, if so, will be prosecuted under that Code. Violations of the law of war committed within the United States by other persons will usually constitute violations of federal or state criminal law and preferably will be prosecuted under such law (see paras. 505 and 506). Commanding officers of United States troops must insure that war crimes committed by members of their forces against enemy personnel are promptly and adequately punished.

508. Penal Sanctions

The punishment imposed for a violation of the law of war must be proportionate to the gravity of the offense. The death penalty may be imposed for grave breaches of the law. Corporal punishment is excluded. Punishments should be deterrent, and in imposing a sentence of imprisonment it is not necessary to take into consideration the end of the war, which does not of itself limit the imprisonment to be imposed.
Section IV. DEFENSES NOT AVAILABLE
509. Defense of Superior Orders

a.
The fact that the law of war has been violated pursuant to an order of a superior authority, whether military or civil, does not deprive the act in question of its character of a war crime, nor does it constitute a defense in the trial of an accused individual, unless he did not know and could not reasonably have been expected to know that the act ordered was unlawful. In all cases where the order is held not to constitute a defense to an allegation of war crime, the fact that the individual was acting pursuant to orders may be considered in mitigation of punishment.

b.
In considering the question whether a superior order constitutes a valid defense, the court shall take into consideration the fact that obedience to lawful military orders is the duty of every member of the armed forces; that the latter cannot be expected, in conditions of war discipline, to weigh scrupulously the legal merits of the orders received; that certain rules of warfare may be controversial; or that an act otherwise amounting to a war crime may be done in obedience to orders conceived as a measure of reprisal. At the same time it must be borne in mind that members of the armed forces are bound to obey only lawful orders (e. g., UCMJ, Art. 92).

510. Government Officials
The fact that a person who committed an act which constitutes a war crime acted as the head of a State or as a responsible government official does not relieve him from responsibility for his act.
511. Acts Not Punished in Domestic Law
The fact that domestic law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.
CHAPTER 9
NEUTRALITY
Section I. GENERAL
512. Definition
Traditionally, neutrality on the part. of a State not a party to the war has consisted in refraining from all participation in the war, and in preventing, tolerating, and regulating certain acts on its own part, by its nationals, and by the belligerents. It is the duty of belligerents to respect the territory and rights of neutral States.
513. Neutrality Under the Charter of the United Nations
In the event of any threat to the peace, breach of the peace, or act of aggression, the Security Council of the United Nations is authorized, under Articles 39 through 42 of the Charter, to make recommendations, to call for the employment of measures short of force, or to take forcible measures to maintain or restore international peace and security. Measures short of force or force itself may also be employed in pursuance of a recommendation of the General Assembly of the United Nations. Although these provisions of the Charter have not made it impossible for a State to remain neutral, the obligations which the Charter imposes have to a certain extent qualified the rights of States in this respect. For example, if a State is called upon, under Articles 42 and 43 of the Charter, to take military action against an aggressor, that State loses its right to remain neutral but actually loses its neutrality only to the extent that it complies with the direction of the Security Council.
A military commander in the field is obliged to respect the neutrality of third States which “are not allied with the United States in the conduct of hostilities and are not violating their duty of neutrality toward this country, except to the extent that the State concerned has expressly qualified its neutrality.
514. Notification of State of War to Neutrals
a. Treaty Provisions. See Articles 2 and 3, H. III (paras. 21 and 22).
b. Proclamations of Neutrality. When war occurs, neutral States usually issue proclamations of neutrality, in which they state their determination to observe the duties of neutrality and warn their nationals of the penalties they incur for joining or assisting a belligerent.
515. Inviolability of Territory
a. Treaty Provisions.

The territory of neutral Powers is inviolable. (H. V, art. 1.)
b. Application of Rule. The foregoing rule prohibits any unauthorized entry into the territory of a neutral State, its territorial waters, or the airspace over such areas by hoops or instrumentalities of war. If harm is caused in a neutral State by the unauthorized entry of a belligerent, the offending State may be required, according to the circumstances, to respond in damages.
516. Movements of Troops and Convoys of Supplies
Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral Power. (H. V, art. 2.)
517. Convoys of Munitions and Supplies

A distinction must be drawn between the official acts of the belligerent State in convoying or shipping munitions and supplies through neutral territory as part. of an expedition and the shipment of such supplies by private persons. The former is forbidden while the latter is not.
518. Neutral State Must Prohibit Acts On Its Own Territory
A neutral Power must not allow any of the acts referred to in Articles II to IV to occur on its territory.
It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory. (H. V, art. 5.)
519. Resistance to Violations of Neutrality
a. Treaty Provision.

The fact of a neutral Power resisting, even by force, attempts to violate its neutrality cannot be regarded as a hostile act. (H. V, art. 10.)
b. Patrolling the Frontier. In order to protect its neutrality, a State whose territory is adjacent to a theater of war normally mobilizes a portion of its forces to prevent troops of either belligerent from entering its territory, to intern such as maybe permitted to enter, and generally to carry out its duties of neutrality.
520. Effect of Failure to Prevent Violation of Neutrality by Belligerent Troops
Should the neutral State be unable, or fail for any reason, to prevent violations of its neutrality by the troops of one belligerent entering or passing through its territory, the other belligerent may be justified in attacking the enemy forces on this territory.
521. Offenses Against Neutrality Defined by Statute
Supplementing the rules of international law, there are certain statutes of the United States that define offenses against neutrality and prescribe penalties therefor, some of which are effective only during a war in which the United States is neutral, and others of which are effective at all times (see 18 U. S. C. 956-968, 22 U. S. C. 441-457, 461-465). The enforcement of these statutes devolves primarily upon the civil authorities, but under certain circumstances land or naval forces may be employed for that purpose (see, e. g., 22 U. S. C. 461).
Section II. RECRUITING IN NEUTRAL TERRITORY
522. Forming Corps of Combatants and Recruiting Forbidden
a. Treaty Provision.

Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral Power to assist the belligerents. (H. V, art. 4.)
b.
Application of Rule. The establishment of recruiting agencies, the enlistment of men; the formation and organization of hostile expeditions on neutral territory, and the passage across its frontiers of organized bodies of men intending to enlist are prohibited.

c.
Personnel of Voluntary Aid Societies. This prohibition does not extend to medical personnel and units of a voluntary aid society duly authorized to join one of the belligerents. (See GWS, art. 27; par. 229 herein.)

523. Responsibility as to Individuals

The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontier separately to offer their services to one of the belligerents. (H. V, art. 6.)
524. Single Persons and Organized Bodies

a.
Individual Persons Crossing the Frontier. The prohibition in Article 4, H. V (par. 522), is directed against organized bodies which only require to be armed to become an immediate fighting force. Neutral States are not required to enact legislation forbidding their nationals to join the armed forces of the belligerents. Individuals crossing the frontier singly or in small bands that are unorganized similarly create no obligation on the neutral State. The foregoing rules do not, however, permit a State professing to be neutral to send regularly constituted military units across the frontier in the guise of “volunteers” or small unorganized bands.

b.
Nationals of Belligerent Not Included. Nationals of a belligerent State are permitted freely to leave neutral territory to join the armies of their country.

Section III. SUPPLIES AND SERVICES FROM NEUTRAL TERRITORY
525. Neutral Not Bound to Prevent Shipment of Supplies
A neutral Power is not called upon to prevent the export or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet. (H. V, art. 7.)
526. Obligations of Neutral State as to Supplies
Although a neutral State is not required to prohibit the shipment by private persons of supplies or munitions of war, the neutral State, as such, is prohibited from furnishing such supplies or munitions and from making loans to a belligerent. It is also forbidden to permit the use of its territory for the fitting out of hostile expeditions.
527. Commercial Transactions Not Prohibited
Commercial transactions with belligerents by neutral corporations, companies, citizens, or persons resident in neutral territory are not prohibited. A belligerent may purchase from such persons supplies, munitions, or anything that may be of use to an army or fleet, which can be exported or transported without involving the neutral State.
528. Use of Neutral Territory for Establishment of Radio and Other Communications Facilities
Belligerents are likewise forbidden:

a.
To erect on the territory of a neutral Power a wireless telegraphy station or any apparatus for the purpose of communicating with belligerent forces on land or sea;

b.
To use any installation of this kind established by them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages. (H. V, art. 3.)

529. Means of Communication
A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to Companies or private individuals. (H. V, art. 8.)
530. Impartiality in Allowing Use of Communication Facilities
The liberty of a neutral State, if it so desires, to transmit messages by means of its telegraph, telephone, cable, radio, or other telecommunications facilities does not imply the power so to use them or to permit their use as to lend assistance to the belligerents on one side only.
531. Impartiality
Every measure of restriction or prohibition taken by a neutral Power in regard to the matters referred to in Articles VII and VIII must be impartially applied by it to both belligerents.
A neutral Power must see to the same obligation being observed by Companies or private individuals owning telegraph or telephone cables or wireless telegraphy apparatus. (H. V, art. 9.)
Section IV. INTERNMENT OF BELLIGERENT FORCES AND TENDING OF WOUNDED AND SICK IN NEUTRAL TERRITORY
532. Internment
A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war.
It may keep them in camps and even confine them in fortresses or in places set apart. for this purpose.
It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission. (H. V, art. 11.)
533. Duty of Neutral State
A neutral is not bound to permit belligerent troops to enter its territory. On the other hand, it may permit them to do so without violating its neutrality, but the troops must be interned or confined in places designated by the neutral. They must be disarmed and appropriate measures must be taken to prevent their leaving the neutral country. In those cases in which the States concerned are parties to GPW, Article 4, paragraph B(2), thereof requires that such persons, provided they are otherwise entitled to be treated as prisoners of war, are, as a minimum but subject to certain exceptions, to receive the benefit of treatment as prisoners of war under GPW (see par. 61).
534. Neutral Can Impose Terms

If troops or soldiers of a belligerent are permitted to seek refuge in neutral territory, the neutral is authorized to impose the terms upon which they may do so. In case of large bodies of troops seeking refuge in neutral territory, these conditions will usually be stipulated in a convention drawn up by the representatives of the neutral power and the senior officer of the troops.
535. Parole by Neutral

Officers and men interned in a neutral State may in the discretion of that State be released on their parole under conditions to be prescribed by the neutral State. If such persons leave the neutral State in violation of their parole, the State in whose armed forces they serve is obliged to return them to the neutral State at its request.
536. Disposition of Arms, Vehicles, Equipment, etc.
The munitions, arms, vehicles, equipment, and other supplies which the interned troops are allowed to bring with them into neutral territory are likewise detained by the neutral State. They are restored to the State whose property they are at the termination of the war.
537. Maintenance

In the absence of a special Convention the neutral Power shall supply the interned with the food, clothing, and relief required by humanity.
At the conclusion of peace the expenses caused by the internment shall be made good. (H. V, art. 12.)
538. Prisoners of War

A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.
The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral Power. (H. V, art. 13.)
539. Passage of Sick and Wounded

A neutral Power may authorize the passage over its territory of wounded or sick belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel or material of war. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose.
The wounded or sick brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral Power so as to ensure their not taking part. again in the operations of the war. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care. (H. V, art. 14.)
540. Passage and Landing of Medical Aircraft

Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict.
Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part. in operations of war. The most of their accommodation and internment shall be borne by the Power on which they depend. (GWS, art. 37.)
541.   Obligations of Neutral State
The neutral power is under no obligation to permit the passage of a convoy of sick and wounded through its territory, but when such a convoy is permitted to pass, the neutral must exercise control, must see that neither personnel nor material other than that necessary for the care of the sick and wounded is carried, and generally must accord impartiality of treatment to the belligerents.
542.   Internment of Sick and Wounded Passing Through Neutral State
The sick and wounded of a belligerent maybe carried through neutral territory to the territory of the belligerent State. If, however, they are left in the neutral’s territory, they must be interned so as to insure their not taking part. again in the war.
543.   Sick and Wounded Prisoners of War Brought Into Neutral State by Captor
Sick and wounded prisoners of war brought into neutral territory by the Detaining Power as part. of a convoy of evacuation granted right of passage through neutral territory may not be transported to their own country or liberated, as are prisoners of war escaping into, or brought by troops seeking asylum in neutral territory, but must be detained by the neutral power, subject to the provisions contained in paragraphs 188 through 196.
544.   Wounded, Sick, or Shipwrecked Persons in Maritime Warfare
a. Placed on a Neutral Warship or Aircraft.

Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent of the local authorities, shall, failing arrangements to the contrary between the neutral and the belligerent Powers, be so guarded by the neutral Power, where so required by international law, that the said persons cannot again take part. in operations of war.
The costs of hospital accommodation and internment shall be borne by the Power on whom the wounded, sick or shipwrecked persons depend. (GWS sea, art. 17.)
545.   Medical Personnel
The medical personnel and chaplains (as defined in GWS, art. 24; par. 67 herein) belonging to belligerent forces who have sought asylum under Article 11, H. V (par. 532), may be retained and are required to be released as prescribed in Articles 28 and 80, GWS (paras. 230 and 231). Medical personnel and materials necessary for the care of the sick and wounded of a convoy of evacuation, permitted to pass through neutral territory under Article 14, H. V (par. 539), may be permitted to accompany the convoy. Subject to the provisions of Articles 28 and 80, GWS, the neutral State may retain the necessary medical personnel and materiel for the care of the sick and wounded left in its care. Failing this, it must furnish such personnel and materiel, and the expense thereof must be refunded by the belligerent concerned not later than at the termination of the war.
546.   Accommodation in Neutral Territory of the Wounded, Sick, and Prisoners of War Who Have Been Long In Captivity
Articles 109 through 117, GPW, authorize parties to the conflict to conclude arrangements with neutral States for the accommodation of the seriously wounded and sick and persons who have undergone a long period of captivity. See paragraphs 188 through 196 for provisions in this regard, including direct repatriation of certain wounded and sick from the neutral country.
Section V. NEUTRAL PERSONS
547.   Neutral Persons
The nationals of a State which is not taking part. in the war are considered as neutrals. (H. V, art. 16.)
548.   Neutral Persons Resident in Occupied Territory
Neutral persons resident in occupied territory are not entitled to claim different treatment, in general, from that accorded the other inhabitants. They must refrain from all participation in the war, from all hostile acts, and observe strictly the rules of the occupant. All nationals of neutral powers, whether resident or temporarily visiting an occupied territory, may be punished for offenses committed by them to the same extent and in the same manner as enemy nationals. (See GC, art. 4; par. 247 herein, regarding the protection of neutral persons.)
549. Diplomatic Agents and Consuls in Occupied Territory
Diplomatic agents of neutral States must be treated with all courtesy and must be permitted such freedom of action as it is possible to allow, with due regard to the necessities of the war. The same is true of consular personnel of neutral States, except those who are enemy nationals.
550. Forfeiture of Rights by Neutral Nationals
a. Treaty Provision.
A neutral cannot avail himself of his neutrality:
a. If he commits hostile acts against a belligerent.

b. If he commits acts in favour of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.
In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neutrality than a national of the other belligerent State could be for the same act. (H. V, art. 17.)
b. Offenses in Occupied Territory. Nationals of neutral States, whether resident in or visiting occupied territory, may be punished for offenses in the same manner as enemy nationals. They may be deported or expelled for just cause. In the event that such a person is arrested, suspicions must be verified by a serious inquiry, and the arrested neutral person must be given an opportunity to defend himself, and to communicate with the consul of his country if he requests it.
551. Acts Not Favorable to One Belligerent

The following acts shall not be considered as committed in favour of one belligerent in the sense of Article XVII, letter b:
a. Supplies furnished or loans made to one of the belligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories;
b . Services rendered in matters of police or civil administration. (H. V, art. 18.)
Section VI. RAILWAY MATERIAL
552. Railway Material

Railway material coming from the territory of neutral Powers, whether it be the property of the said Powers or of Companies or private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon as possible to the country of origin.
A neutral Power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent Power.
Compensation shall be paid by one party or the other in proportion to the material used, and to the period of usage. (H. V, (art. 19.)
APPENDIX
INDEX OF ARTICLES

1949 GENEVA CONVENTIONS
(Italics indicate a paragraph in which the article is quoted)
1. GWS
Article Paragraph Article Paragraph Article Paragraph
2 8 20 209 37 540 3 11 21 222 38 238 4 210 22 223 39 239 5 211 23 224 40 240 6 212 24 67,225,545 41 241 7 213 25 68,225,226 42 242 8 16 26 69,227,545 43 243 9 17 27 67,229,236, 44 244 10 18 555 46 214 11 19,495 28 230,231,545 47 14 12 215 29 68,226 49 505,506 13 208 30 231,545 50 502 14 66 31 232 51 503 15 216 32 67,233,522 52 496 16 217 33 234 59 5 17 218 34 235 63 6 18 219 35 236 19 220,225 36 237
2. GWS Sea
Article Paragraph Article Paragraph Article Paragraph
2 8 15 544 48 14 3 11 17 544 50 505,506 4 209 22 209 51 502 8 16 27 209 52 503 9 17 29 209 53 496 10 18 37 209 58 5 11 19,495 43 209 62 6
3. GPW
Article Paragraph Article Paragraph Article Paragraph 2 8 6 86 12 88 3 11 7 87 13 89,497 4 60,61,64, 8 16 14 90 65,72,80, 9 17 15 91 208, 533 10 18 16 92 5 71,73,84 11 19,495 17 93
3. GPW—Continued

Article Paragraph Article Paragraph Article Paragraph 18 59,94,475 59 135 98 156,174,158, 19 95 60 136 505 20 96 61 137 99 158,175,505 21 97,185 62 138 100 158,176,505 22 98 63 139 101 158,177,505 23 99 64 140 102 158,178,505 24 100 65 141 103 158,179,505 25 101 66 142 104 156,158,180, 26 102 67 143 505 27 103 68 144 105 181,158,505 28 104 69 145 106 182,158,505 29 106 70 146 107 156,183,158, 30 107 71 147 505 31 108 72 148 108 184,158,505 32 109 73 149 109 188,546,196 33 67 74 150 110 189,546,196 34 110 75 151 111 190,546,196 35 111 76 152 112 191,546,196 36 112 77 153 113 192,546,196 37 113 78 154,156 114 193,546,196 38 114 79 155,156 115 194,546,196 39 115 80 156 116 195,546,196 40 116 81 156,157 117 196,546 41 117 82 158,505 118 198 42 118 83 158,159,505 119 200 43 119 84 158,160,505 120 201 44 120 85 158,161,505 121 202 45 121 86 158,162,505 122 203 46 122 87 163,158,497, 123 204 47 123 505 124 205 48 124 88 164,158,505 125 156,206 49 125 89 158,166,172, 126 207 50 126 505 127 14,156 51 127 90 158,166,505 129 505,506 52 128 91 158,167,505 130 502 53 129 92 158,168,505 131 503 54 130 93 158,169,505 132 496 55 131 94 158,170,505 134 5 56 132 95 158,171,505 135 5 57 133,156 96 158,172,505 142 6 58 134 97 158,173,505
4. GC

Article Paragraph Article Paragraph Article Paragraph 2 8 8 251 15 254 3 11 9 16 16 255 4 73,236,247, 10 17 17 44,256 548 11 18 18 45,257 5 248 12 19,495 19 45,258 6 10,249,361 13 247,252 20 259 7 250 14 45,253 21 260
4. GC—Continued
Article Paragraph Article Paragraph Article Paragraph 22 261 64 369,370,434 108 315,319 23 44,262 65 435 109 316 24 263 66 436 110 317 25 264 67 437 111 318 26 265 68 72,248,438 112 319 27 266,379 69 439 113 320 28 267,379 70 440 114 321 29 268,379 71 441 115 322 30 269,379 72 442 116 323 31 270,379 73 443 117 324 32 271,379 74 444 118 325 33 272,379,397, 75 445 119 326 497 76 446 120 327 34 273,497,379 77 447 121 328 35 26,274 78 433 122 329 36 275 79 286 123 330 37 276 80 287 124 331 38 277 81 288 125 332 39 278 82 289 126 333 40 279 83 290 127 334 41 27,280 84 291 128 335 42 26,27,281 85 292 129 336 43 27,282 86 293 130 337 44 27,283 87 294 131 338 45 27,284 88 295 132 339 46 285 89 296 133 340 47 358,365 90 297 134 341 48 375,381 91 298 135 342 49 382 92 299 136 343 50 383 93 300 137 344 51 370,418 94 301 138 345 52 421 95 302 139 346 53 56,393,402, 96 303 140 347 410 97 304 141 348 54 373,422 98 305 142 349 55 384,413 99 306 143 350 56 385 100 307 144 14 57 386,414 101 308,319 146 505,506 58 387 102 309 147 41,502 59 388 103 310 148 503 60 389 104 311 149 496 61 390 105 312 154 5 62 391 106 313 158 6 63 392 107 314,319
1907 HAGUE CONVENTIONS
H. III
Article Paragraph Article Paragraph Article Paragraph
1 20 2 21,514 3 22,514
HR
Article Paragraph Article Paragraph Article Paragraph
22 33 30 78 43 363,370,431
23 28,29,31, 31 78 45 359
32,34,37, 32 460 46 380,406
52,54,58, 33 463 47 397
238,370, 34 466 48 425,427
372,393, 35 471 49 428
414,467 36 480 50 448
24 48,77 37 482 51 429
25 39 38 490 52 412
26 43 39 487,489 53 234,403,408
27 45 40 492 54 411
28 47 41 494 55 400
29 75,77 42 351 56 405
H. V
Article Paragraph Article Paragraph Article Paragraph
1 515 7 525 13 538
2 516 8 529 14 539,545
3 528 9 531 16 547
4 522,524 10 519 17 550
5 518 11 532,545 18 551
6 523,524 12 537 19 552
H. IX
Article Paragraph Article Paragraph Article Paragraph
5 46

INDEX
Paragraph

Abbreviation……………………………………………………………………………………………………………………………………………… 5
Accounts:
Internees …………………………………………………………………………………………………………………………………………. 305
Prisoners of war…………………………………………………………………………………………………………………….94, 134-142
Aerial bombardment…………………………………………………………………………………………………………………………………. 42
Aiding the enemy …………………………………………………………………………………………………………………………………….. 79
Aid societies: (see also Red Cross,)
Neutral countries ………………………………………………………………………………………………………………………. 229, 522
Neutrals, return ofpersonnel……………………………………………………………………………………………………………… 233
Personnel protected ………………………………………………………………………………………………………………………….. 227
Prisoners of war, aid to…………………………………………………………………………………………………… 69, 148-151, 206
Property………………………………………………………………………………………………………………………………………….. 235
Airborne troops:
Firing on persons descending by parachute……………………………………………………………………………………………. 30
Prisoner of war status …………………………………………………………………………………………………………………………. 63
Aircraft:
Bombardment………………………………………………………………………………………………………………………………. 39, 42
Medical uses…………………………………………………………………………………………………………………………….. 237, 261
Aliens ……………………………………………………………………………………………………………………………………………..274-285
Assigned residence……………………………………………………………………………………………………………………..280-282
Confinement……………………………………………………………………………………………………………………………………. 276
Control:
Measures of……………………………………………………………………………………………………………………….. 280, 281
Nationality, basis of …………………………………………………………………………………………………………………… 283
Employment. (see also Labor under Internees; Prisoners of war; Occupied territory) ……………………………….. 279
Enemy, status ………………………………………………………………………………………………………………………………. 25, 26
Expulsion …………………………………………………………………………………………………………………………………………. 27
Extradition………………………………………………………………………………………………………………………………………. 284
Humane treatment: (see also Internees—humane treatment)…………………………………………………………… 248, 277
Internment (see also Internees) …………………………………………………………………………………………………….280-282
Non-repatriated prisoners-generally………………………………………………………………………………………..277-285
Refugees…………………………………………………………………………………………………………………………………… 280
Religious freedom ……………………………………………………………………………………………………………………………. 277
Restrictions other than internment:
Duration and termination …………………………………………………………………………………………………….. 278, 285
Rights:
Exit from territory ………………………………………………………………………………………………………………. 274, 275
Means of existence guaranteed ……………………………………………………………………………………………………. 278
Protected rights of action in occupied territory ………………………………………………………………………………. 372
Wartime rights ………………………………………………………………………………………………………………………….. 277
Security measures………………………………………………………………………………………………………… 248, 266, 278-282
Status in territory of party to conflict ………………………………………………………………………………………………….. 274
Transfer to another Power …………………………………………………………………………………………………………………. 284
Women, special mention (see also Civilians; Internees …………………………………………………………………………. 277
American National Red Cross (see Red Cross.)
Annexation (see Occupied territory) …………………………………………………………………………………………………………. 358
Armed forces:
Consist of combatants and noncombatants…………………………………………………………………………………………….. 62
Qualifications for recognition as lawful ………………………………………………………………………………………………… 62
Armistice …………………………………………………………………………………………………………………………………………479-494
Activities authorized and prohibited during …………………………………………………………………………… 480, 489, 494
Commencement………………………………………………………………………………………………………………………… 487, 491
Defined…………………………………………………………………………………………………………………………….. 479, 483, 484
Denunciation ……………………………………………………………………………………………………………………………..492-494
Duration ………………………………………………………………………………………………………………………………….. 480, 487
Effect………………………………………………………………………………………………………………………………………. 480, 481

Form ………………………………………………………………………………………………………………………………………..486, 487
General armistice; defined…………………………………………………………………………………………………… 482, 483, 488
Hostilities:

Cessation ……………………………………………………………………………………………………………………. 487, 490, 491

Resumption ………………………………………………………………………………………………………………………..492, 493
Inhabitants, effect ……………………………………………………………………………………………………………………………..487
Intercourse in theater of operations ……………………………………………………………………………………………………..489
Lines ……………………………………………………………………………………………………………………………………………….487
Local armistice; defined ……………………………………………………………………………………………………………..482, 484

For search of battlefield……………………………………………………………………………………………………………….485
Notification ………………………………………………………………………………………………………………………..490, 491
Perfidy prohibited………………………………………………………………………………………………………………….50, 493
Prisoners of war:

Effect………………………………………………………………………………………………………………………………….487

Repatriation…………………………………………………………………………………………………………………………487
Prohibited sets …………………………………………………………………………………………………………………….487, 493
Purpose……………………………………………………………………………………………………………….. 480, 483, 484, 485
Search of battlefield during ………………………………………………………………………………………………………….485
Stipulations…………………………………………………………………………………………………………………………487, 488
Supervision………………………………………………………………………………………………………………………………..487
Suspension of arms……………………………………………………………………………………………………………………..485
Termination ………………………………………………………………………………………………………………………..487, 492
Types ………………………………………………………………………………………………………………………………….482-485
Vigilance not to be relaxed…………………………………………………………………………………………………………..481
Violations:

Effects ………………………………………………………………………………………………………………………….492-494
Individuals, violations …………………………………………………………………………………………………………..494
Perfidy………………………………………………………………………………………………………………………………..493

Arms (see Weapons.)
Army of occupation (see Occupied territory.)

Art, buildings devoted to protection ………………………………………………………………………………………….. 45, 46, 57, 405

Assassination and outlawry ………………………………………………………………………………………………………………………..31

Assaults, bombardments, and sieges (see Bombardments, Assaults, and Sieges.)
Assigned residence ………………………………………………………………………………………………………………………………….433

Asylum:
Neutral territory, refuge in………………………………………………………………………………………………………………….534
Prisoner of war …………………………………………………………………………………………………………………………………199

Atomic weapons (see Weapons.)

Attaches of neutral country………………………………………………………………………………………………………….. 83, 456, 549

Bacteriological warfare (see also Weapons)………………………………………………………………………………………………….38

Basic rules and principles of land warfare………………………………………………………………………………………………….1-14

Belligerents: (see also Hostilities).
Agreements:
Armistice (see Armistice.)
Capitulation …………………………………………………………………………………………………………………………470-478
Cartels ………………………………………………………………………………………………………………………………………469
Armed forces of, who may generally comprise……………………………………………………………………………………….62
Commencement of hostilities (see Hostilities—commencement).
Communications:
Methods……………………………………………………………………………………………………………………………..452, 458
Neutral territory, communications………………………………………………………………………………………….528, 530
Parlementaires ……………………………………………………………………………………………………………………..458-460
Good faith………………………………………………………………………………………………………………………………………..453
Intercourse or negotiations between ………………………………………………………………………………………………449-453
Allowed only upon approval of government or highest military authority ………………………………………….450
Neutral diplomats may receive safe-conducts …………………………………………………………………………………456
Parlementaires (see Parlementaires.)

Rules for, generally …………………………………………………………………………………………………………….. 449, 450
White flag, rules relating to (see White flag.)
Neutrals, relations with (see also Neutral Powers)
Belligerent acts committed by neutral persons………………………………………………………………………… 550, 551
Belligerents in neutral territory ………………………………………………………………………………………………532-534
Equipment of belligerents, disposition by neutrals of railroad equipment in neutral
territory ……………………………………………………………………………………………………………………………… 552
Internment of belligerents by neutrals…………………………………………………………………………….. 532, 533, 537
Parole of belligerents …………………………………………………………………………………………………………………. 535
Nonhostile agreements (see Armistice; Capitulations; Cartels, Suspension of arms;
Surrender.)
Nonhostile relations: (see also Armistices; Capitulation;
Cartels; Surrender; Suspension of arms)………………………………………………………………………………….449-404
Communications in general…………………………………………………………………………………………………………. 452
Communications in neutral areas …………………………………………………………………………………………………. 468
Flags of truce…………………………………………………………………………………………………………………………….. 467
Forms of non-hostile relations …………………………………………………………………………………………………….. 451
Good faith ………………………………………………………………………………………………………………………………… 453
Parlementaires (see Parlementaires.)
Passports, military………………………………………………………………………………………………………………. 454, 455
Safe conduct………………………………………………………………………………………………………………………. 454, 456
Safeguards………………………………………………………………………………………………………………………………… 457
Nonintercourse between……………………………………………………………………………………………………… 449, 450, 489
Notification to neutrals (see also Protecting Powers-notification)…………………………………………………………….. 21
Recognition as, qualified…………………………………………………………………………………………………………………60-71
Besieged places ……………………………………………………………………………………………………………………………………….. 44
Buildings and areas protected ………………………………………………………………………………………………………… 45, 46
Communication …………………………………………………………………………………………………………………………………. 44
Entry and exit ……………………………………………………………………………………………………………………………………. 44
Inhabitants, treatment of (see also Wounded and sick …………………………………………………………………………….. 44
Neutral diplomats ………………………………………………………………………………………………………………………………. 44
Pillage forbidden ……………………………………………………………………………………………………………………………….. 47
Bombardment, assaults and sieges ………………………………………………………………………………………………………….39-47
Aerial bombardment…………………………………………………………………………………………………………………………… 42
Assaults and sieges…………………………………………………………………………………………………………………………39-47
Buildings and areas protected …………………………………………………………………………………………………… 39, 45, 46
Identification thereof……………………………………………………………………………………………………………………. 46
Undefended places ………………………………………………………………………………………………………………………. 39
Warning required ………………………………………………………………………………………………………………………… 43
Booty of war (see also Pillage) ………………………………………………………………………………………………… 47, 58, 59, 396
Buildings and monuments to be spared from Bombardment …………………………………………………………………….. 45, 46
Bullets (see Weapons.)
Bureau of Information for prisoners of war (see Prisoners of war.)
Burial (see Dead.)
Cables, submarine (see Submarine cables.)
Camp followers, treatment as prisoners of war (see Prisoners of war.)
Camps and depots (see Prisoners of war—camps.)
Canteens, prisoners of war (see Prisoners of war—Canteens.)
Capitulation ……………………………………………………………………………………………………………………………………..470-478
Commanders, legal power to make …………………………………………………………………………………………………….. 472
Defined…………………………………………………………………………………………………………………………………………… 470
Destruction of property after signing ………………………………………………………………………………………………….. 476
Forms ……………………………………………………………………………………………………………………………………… 474, 475
Matters covered……………………………………………………………………………………………………………………………….. 475
Methods………………………………………………………………………………………………………………………………………….. 474
Military honor …………………………………………………………………………………………………………………………………. 471
Observance……………………………………………………………………………………………………………………………………… 471
Political authorities, power………………………………………………………………………………………………………………… 473

Violation………………………………………………………………………………………………………………………………………….477
Captives (See Prisoners of war.)
Captivity (See Prisoners of war-captivity.)
Cartels…………………………………………………………………………………………………………………………………………….197, 469
Censorship:

Internees correspondence …………………………………………………………………………………………………………………..319
Occupied territory……………………………………………………………………………………………………………………………..377
Prisoners of war correspondence…………………………………………………………………………………………………………152

Central Prisoners of War Information Agency …………………………………………………………………………………………….204
Cessation of arms (See Armistice; Suspension of Arms.)
Chaplains:

Prisoner of war, not to be considered as………………………………………………………………………………………….67, 112
Protection …………………………………………………………………………………………………………………………………225, 230
Retention ………………………………………………………………………………………………………………………….. 111, 230, 232
Rightsand duties, withrespectto prisoners of war ………………………………………………………………………………..111
Weapons, right to carry ……………………………………………………………………………………………………………………..223

Charity, protection of buildings devoted to (see also Aid Societies; Red Cross) ……………………………………45, 46, 405
Chemicals, use (See Weapons.) …………………………………………………………………………………………………………………..38
Children:

Aliens, rights ……………………………………………………………………………………………………………………………………277
Besieged areas, evacuation…………………………………………………………………………………………………………………256
Identification discs…………………………………………………………………………………………………………………………….263
Occupied areas, rights ……………………………………………………………………………………………………………………….383
Orphans ……………………………………………………………………………………………………………………………………263, 383
Safety zones, protection……………………………………………………………………………………………………………………..253
Welfare …………………………………………………………………………………………………………………………………….262, 263
Churches, Protection……………………………………………………………………………………………………………………..45, 46, 405
Civil Affairs Administration………………………………………………………………………………………………………………354, 368
Civil capacity of prisoners of war (See Prisoners of war …………………………………………………………………………………90
Civil War …………………………………………………………………………………………………………………………………………………11
Civilians (see also Aliens; Internees; Protected persons; occupied territory)……………………………………………..246-350

Application of conventions………………………………………………………………………………………………………….246, 252
Assigned residence ……………………………………………………………………………………………………………………..280-282
Children…………………………………………………………………………………………………………………………………………..263
Civil capacity as internees ………………………………………………………………………………………………………………….287
Coercion prohibited…………………………………………………………………………………………………………………………..270
Collective punishment prohibited………………………………………………………………………………………………………..272
Confinement (See Internees.)
Correspondence permitted (see also Censorship …………………………………………………………………………….264, 265
Discriminations prohibited …………………………………………………………………………………………………………………252
Dispersed families …………………………………………………………………………………………………………………………….265
Employment (see also Aliens)…………………………………………………………………………………………………………….278
Enemy:

Aiding…………………………………………………………………………………………………………………………………………79

Status ………………………………………………………………………………………………………………………………………….25
Evacuation of wounded and sick (See Wounded and sick.)
Free passage of medical and religious supplies……………………………………………………………………………………..262
Guides, impression ……………………………………………………………………………………………………………………………270
Hospitals (see also Medical personnel; Medical units………………………………………………..253,. 257-259, 385, 386
Hostages ………………………………………………………………………………………………………………………………………….273
Hostile act………………………………………………………………………………………………………………………………………..248
Humane treatment ……………………………………………………………………………………………………………………..266, 271
Information bureaus (see Information Bureaus).
Internees (see Internees).
Internment ………………………………………………………………………………………………………………………………..286, 290
Interrogation, coercion prohibited ……………………………………………………………………………………………………….270
Medical personnel, civilian………………………………………………………………………………………………………….236, 259
Medical supplies, food and clothing…………………………………………………………………………………………………….362

Neutralized zones, protection…………………………………………………………………………………………………………….. 254
Pillage prohibited …………………………………………………………………………………………………………………………….. 272
Prisoner of war, status ………………………………………………………………………………………………………… 61, 64, 65, 73
Prohibited acts toward……………………………………………………………………………………………………………….. 266,271
Protected persons, status (see also Protected persons)……………………………………………………………………..247-252
Protecting power, relations………………………………………………………………………………………………………………… 269
Protection ………………………………………………………………………………………………………………………………… 252, 266
Duration …………………………………………………………………………………………………………………………………… 249
Responsibility …………………………………………………………………………………………………………………………… 268
Punishment……………………………………………………………………………………………………………………………………… 248
Re-establishment ……………………………………………………………………………………………………………………………… 249
Relief Organizations (see also Aid Societies; Red Cross……………………………………………………………………….. 269
Relief shipments…………………………………………………………………………………………………………………………388-391
Renunciation of rights prohibited……………………………………………………………………………………………………….. 251
Repatriation……………………………………………………………………………………………………………………………… 274, 275
Reprisals prohibited …………………………………………………………………………………………………………………………. 272
Rights …………………………………………………………………………………………………………………………………………….. 266
Derogations ………………………………………………………………………………………………………………………………. 248
Exit from territory involved in conflict ………………………………………………………………………………….. 274, 275
Safety zones ……………………………………………………………………………………………………………………………………. 253
Security measures by occupying power or state……………………………………………………………………………………. 248
Special agreements with regard to………………………………………………………………………………………………………. 250
Torture and corporal punishment, prohibited ……………………………………………………………………………………….. 271
Treatment, responsibility…………………………………………………………………………………………………………………… 268
Use to immunize certain places, prohibited …………………………………………………………………………………………. 267
Women, special mention (see also Aliens; Occupied Territory)………………………………………… 253, 256, 262, 266
Wounded and sick ……………………………………………………………………………………………………………………………. 255
Evacuation………………………………………………………………………………………………………………………………… 256
Medical supplies ……………………………………………………………………………………………………………………….. 262
Protection generally …………………………………………………………………………………………………………………… 255
Transportation ……………………………………………………………………………………………………………………. 260, 261
Treatment …………………………………………………………………………………………………………………………………. 219

Clothing: (See Internees; Prisoners of war, etc.)
Coastal rescue craft ………………………………………………………………………………………………………………………………… 209
Coercion prohibited (see Civilians; Internees; Prisoners of war, etc.).
Collective punishment prohibited (see Civilians; Internees; Prisoners of war; occupied

territory).
Combatants, status as prisoners of war………………………………………………………………………………………………………… 62
Commanders: (see also Officers).

Neutrality, must respect…………………………………………………………………………………………………………………….. 513
Power to capitulate …………………………………………………………………………………………………………………………… 472
Prisoner of war, status ………………………………………………………………………………………………………………………… 61
War crimes, responsibility with respect to …………………………………………………………………………….. 501, 507, 509
Commandos, status an prisoners of war ………………………………………………………………………………………………………. 63

Commerce:
Neutrals, transactions of private persons………………………………………………………………………………………..525-527
Non-intercourse………………………………………………………………………………………………………………………… 449, 450
Occupied territory ……………………………………………………………………………………………………………………………. 376
Relations between neutrals and belligerents…………………………………………………………………………………………. 527

Communications:
Between:
Belligerents ……………………………………………………………………………………………………………………….. 452, 487
Besieged and outside areas……………………………………………………………………………………………………………. 44
During Armistice ……………………………………………………………………………………………………………….. 377, 487

Means:
In neutral territory ………………………………………………………………………………………………………………..528-531
Use of the white flag …………………………………………………………………………………………….. 458, 460, 467, 504

Complaints of:
Internees ……………………………………………………………………………………………………………………………………308

Prisoners of war………………………………………………………………………………………………………………………….154
Conciliation procedures……………………………………………………………………………………………………………………………..19
Confinement. (See Internees; Occupied territory; Prisoners of war.)
Confiscationof enemy propertyprohibited …………………………………………………………………………………………………406
Constitutional provisions relative to declaration of war ………………………………………………………………………………….24
Contributions in occupied territory……………………………………………………………………………………………………..428, 429
Convoys:

Munitions through neutral territory …………………………………………………………………………………………516-518

Wounded and sick through neutral territory……………………………………………………………………………..539-544
Correspondence. (See Civilians; Internees; Prisoners of war.)
Courts (see also Courts-martial; Military commissions)

In occupied territory …………………………………………………………………………………………………………………..373,436
Prisoners of war……………………………………………………………………………………………………………. 71, 160, 176, 178
Provost courts, jurisdiction…………………………………………………………………………………………………………………..13
War crimes courts……………………………………………………………………………………………………………………………..505
Courts-martial…………………………………………………………………………………………………………………………………………..13

Crimes:
Against humanity ……………………………………………………………………………………………………………………………..498
Against laws of war or "war crimes……………………………………………………………………………….. 498, 499, 502, 504
Against peace …………………………………………………………………………………………………………………………………..498
Under international law ……………………………………………………………………………………………………………….498-504

Cruelty, types prohibited. (See Prohibited acts.)
Cultural buildings and property ………………………………………………………………………………………………… 45, 46, 57, 405
Customary laws of war …………………………………………………………………………………………………………….. 4, 6, 7, 8, 9,11
Danger zones ………………………………………………………………………………………………………………………………………….267

Burials ……………………………………………………………………………………………………………………………… 201, 218, 337
Cremation …………………………………………………………………………………………………………………………. 201, 218, 337
Death certificates ……………………………………………………………………………………………………………….. 201, 218, 336
Examination of bodies………………………………………………………………………………………………………………..201, 218
Graves………………………………………………………………………………………………………………………………. 201, 218, 337
Graves registration service ………………………………………………………………………………………………………….201, 218
Identification tags ……………………………………………………………………………………………………………………………..218
Information with respect………………………………………………………………………………………………. 201, 202, 336, 337
Inquiry ……………………………………………………………………………………………………………………………………..202, 338
Internees ……………………………………………………………………………………………………………………………………336-338
Personal effects, disposition ………………………………………………………………………………………………………..201,336
Prisoners of war…………………………………………………………………………………………………………………………201, 202
Robbery and ill-treatment, protected from ……………………………………………………………………………………………218
Search of battlefield……………………………………………………………………………………………………………………216, 485
Security measures………………………………………………………………………………………………………………………248, 266
Treatment of bodies……………………………………………………………………………………………………………. 202, 218, 336
Wills ………………………………………………………………………………………………………………………………… 201, 320, 336

Death penalty. (See Internees; Prisoners of war; Occupied territory.)
Deception. (Sea Ruses of war.)
Declarations of war:

Constitutional provisions……………………………………………………………………………………………………………………..24
Effect ………………………………………………………………………………………………………………………………………………..23
Necessity ………………………………………………………………………………………………………………………………….9, 20, 24
Notification to neutrals ………………………………………………………………………………………………………………………..21

Defended place, defined …………………………………………………………………………………………………………………………….40
Deployment of prisoners of war. (See Prisoners of way.)
Deserters:

Captured ……………………………………………………………………………………………………………………………………………70

Enemy soldiers, inducing to desertion……………………………………………………………………………………………………49
Destruction of property. (See Property. See also Devastation.)
Detaining Power. (See Prisoners of war-Detaining Power.)
Devastation:

In occupied areas, restricted ……………………………………………………………………………………………………….. 410, 411
Wanton, prohibited………………………………………………………………………………………………………………….. 41, 56, 58

Diplomatic agents.
Enemy, may be made prisoners of war …………………………………………………………………………………………………. 70
Neutrals:

Accompanying army ……………………………………………………………………………………………………………………. 83
In besieged places ……………………………………………………………………………………………………………………….. 44
In occupied territory……………………………………………………………………………………………………………. 456, 549
Safe conducts ……………………………………………………………………………………………………………………………. 456

Discipline. (See Internees; Prisoners of war.)
Discrimination. (See Civilians; Internees; Prisoners of war, etc.)
Dispersed families ………………………………………………………………………………………………………………………………….. 265
Dissemination of the 1949 Geneva Conventions…………………………………………………………………………………………… 14
Education, internees ……………………………………………………………………………………………………………………………….. 301
Emblem. (See Red Cross-emblems)
Enemy:

Aliens, effect of hostilities on. (see Aliens.)
Flags, misuse of, forbidden …………………………………………………………………………………………………………………. 54
Forced partition in hostilities, forbidden ……………………………………………………………………………………………….. 32
Insignia, misuse forbidden ………………………………………………………………………………………………………………….. 54
Officials, neutrals, status as POW's………………………………………………………………………………………………………. 83
Population, status ……………………………………………………………………………………………………………………….. 60, 247
Property. (See Property.)
Territory. (See Occupied territory.)
Uniform, misuse forbidden …………………………………………………………………………………………………………………. 54

Escape:
Internees ………………………………………………………………………………………………………………………………….. 327, 328
Prisoner of war …………………………………………………………………………………………………………………………. 167, 168

Espionage, sabotage and treason:
Aiding the enemy ………………………………………………………………………………………………………………………………. 79
Espionage (Spies):

Civilians committing…………………………………………………………………………………………………………….. 76, 248
Definitions…………………………………………………………………………………………………………………………….. 75, 76
Immunity upon rejoining own forces ……………………………………………………………………………………………… 78
Lawful to use…………………………………………………………………………………………………………………………. 49, 77
Prisoner of war, status………………………………………………………………………………………………………………….. 81
Protected persons ………………………………………………………………………………………………………………………. 248
Punishment………………………………………………………………………………………………………………………….. 78, 248
Trial………………………………………………………………………………………………………………………………. 75, 78, 248
Use 49, 77

Sabotage:
Prisoner of war, status of saboteurs………………………………………………………………………………………………… 81
Protected persons, statusofsaboteurs …………………………………………………………………………………………… 248
Punishment………………………………………………………………………………………………………………………….. 82, 248

Spies (see this title–Espionage, above)

Treason…………………………………………………………………………………………………………………………………………….. 79
Evacuation of prisoners of war………………………………………………………………………………………………………. 95, 96, 543
Executions, summary, prohibited………………………………………………………………………………………………………… 85, 177
Expulsion of enemy nationals ……………………………………………………………………………………………………………………. 27
Finances:

Currency in occupied territory …………………………………………………………………………………………………………… 430

Prisoners of war (see also Prisoners of war)
Adjustments between parties to the conflict ………………………………………………………………………………….. 143
Financial resources……………………………………………………………………………………………………………….134-144
Repatriation costs………………………………………………………………………………………………………………………. 195

Flags:
Proper and improper use …………………………………………………………………………………………………… 52, 54
Red Cross emblem (See Red Cross emblem.)

Truce flag, misuse …………………………………………………………………………………………………………. 53, 467, 504

Food:
Free passage for certain purposes…………………………………………………………………………………………………262, 388
Internees ………………………………………………………………………………………………………………………………………….296
Occupied territories …………………………………………………………………………………………………….. 383, 384, 388, 412
Prisoners of war…………………………………………………………………………………………………………………………102, 105

Forbidden conduct (See Prohibited sets):
Gains, private, byofficers and soldiers in occupied territory …………………………………………………………………………398
Gases and chemicals, use……………………………………………………………………………………………………………………………38
Geneva Conventions of 1929………………………………………………………………………………………………………………………..5
Geneva Conventions of 1949………………………………………………………………………………………………………………………..5

Articles cited (See Index of 1949 Geneva Convention Articles.)
Dissemination of Conventions………………………………………………………………………………………………………………14
Grave breaches ………………………………………………………………………………………………………………….. 502, 503, 506
Interpretation ……………………………………………………………………………………………………………………………………..19
Protection of Civilian Persons Convention (See Civilians.)
Reservations by United States …………………………………………………………………………………………………………….245
Treatment of Prisoners of War Convention (See Prisoners of War.)
Violation…………………………………………………………………………………………………………………………… 496, 502, 503
Wounded and Sick Convention (See Wounded and Sick.)

Wounded, sick and shipwrecked Convention (See Wounded and Sick—
shipwrecked.)
Geneva Cross (See Red Cross) ……………………………………………………………………………………………………………………49
Good faith with enemy ……………………………………………………………………………………………………………………….49, 453
Government, military (See Military government.)
Government officials (See Officials under occupied territory, war crimes; see also officer.)
Grave breaches of the Geneva Conventions (See Geneva Convention—grave breaches.)
Graves registration service (See Dead.)
Grenades, use authorized……………………………………………………………………………………………………………………………84
Guerrillas:

Prisoner of war status ………………………………………………………………………………………………………………………….80

Protection ………………………………………………………………………………………………………………………………………..248
Guides, impression of enemy nationals forbidden………………………………………………………………………………………..270
Hague Convention, United States as a party to (see also Index of Hague Convention Articles)……………………………..5
Hospitals (See Medical units; see also Medical personnel, medical stores and supplies).
Hospital ships (see also Medical units) ……………………………………………………………………………………….. 209, 260, 544
Hospital zones …………………………………………………………………………………………………………………………………224, 253
Hostages, use as means of reprisals prohibited……………………………………………………………………………….. 11, 273, 497
Hostile acts (See Hostilities; prohibited acts.)
Hostilities…………………………………………………………………………………………………………………………………………….20-59

Belligerents (See Belligerents.)
Cessation (See Capitulation; Cartels; Armistice.)
Commencement……………………………………………………………………………………………………………………………..20-27

Agreements of belligerents on money to be retained by prisoners……………………………………………………..134
Appoint mixed medical commissions ……………………………………………………………………………………………191
Constitutional provisions……………………………………………………………………………………………………………….24
Declaration of war required………………………………………………………………………………………………………20, 24
Effect on enemy nationals ……………………………………………………………………………………………………25-27, 32
Establishment of information bureaus………………………………………………………………………………203, 343-350
Exchange of titles and ranks…………………………………………………………………………………………………………119
Hague Convention, date to be effective between parties……………………………………………………………….22, 23
Notification to:

Neutrals ………………………………………………………………………………………………………………………………..21
Protecting Powers (See Protecting Powers.)
Organization of Graves Registration Service ……………………………………………………………………………218

Conduct of: (see also Prohibited acts; Weapons)
Aerial bombardment……………………………………………………………………………………………………………………..42
Arms, etc., causing unnecessary injury (See Weapons.)

Assassination and outlawry forbidden (See Prohibited acts.)
Assaults (See Bombardment, assaults and sieges.)
Atomic weapons (See Weapons.)
Attack restricted to defended places (See Prohibited acts.)
Bacteriological warfare (See Weapons.)
Basic principles…………………………………………………………………………………………………………………………1-14
Battlefield, search………………………………………………………………………………………………………………………. 216
Bombardments, assaults, and sieges (See Bombardment assaults and sieges.)
Bullets, use of certain kinds forbidden (See Weapons.)
Compelling nationals to fight against own country…………………………………………………………………………… 32
Confiscation of private property (See Property.)
Contamination of water sources (See Prohibited acts.)
Cruelty prohibited (See Prohibited acts,)
Dead (See Dead.)
Deception ……………………………………………………………………………………………………………………………….50-55
Defended place defined……………………………………………………………………………………………………… 33, 34, 40
Destruction of property (See Devastation.)
Destruction of life or limb permitted………………………………………………………………………………………………. 41
Drying or diverting water sources authorized ………………………………………………………………………………….. 37
Enemy nationals not to be compelled to take part. against own country ……………………………………………… 32
Enemy territory (see Occupied territory.)
Executions, summary, forbidden (See Prohibited acts.)
Flags, misuse of forbidden (See Prohibited acts.)
Forbidden conduct (See Prohibited acts.)
Gases and chemicals, use ……………………………………………………………………………………………………………… 38
Good faith must be observed………………………………………………………………………………………………….. 49, 453
Grenades, authorized (See Weapons.)
Information, coercion prohibited ……………………………………………………………………………………………. 93, 270
Injuring enemy, means limited (See Prohibited acts.)
Insignia enemy, misuse forbidden (See Prohibited acts.)
Killing or wounding captives forbidden (See Prohibited acts.)
Military necessity………………………………………………………………………………………………………………………….. 3
Offenders against the laws of war, treatment of (See War crimes.)
Parachutes, firing on persons descending ……………………………………………………………………………………….. 30
Perfidy, prohibited (See Prohibited acts.)
Pillage of towns and places forbidden (See Prohibited acts.)
Quarters, refusal of (See Prohibited acts.)
Requisition of supplies (See Requisitions.)
Surrender, injuries after (See Prohibited acts.)
Termination, effects of (See also Armistice; Capitulation; Suspension of arms;

Surrender) …………………………………………………………………………………………………………………….. 10, 470

United Nations Charter, applicability……………………………………………………………………………………………… 23
Humane treatment (See Aliens; Civilians; Internees; Prisoners of war; Wounded and sick.)
Humanity, principles of, defined (see also Crimes against humanity) ……………………………………………………………….. 6
Hygiene (See Internees; Occupied territory; Prisoners of war.)
Identification cards &, discs, etc. (See Children; Civilians; Dead; Internees; Prisoners of war;

Medical personnel, etc.)
Inducing enemy soldiers to desert ………………………………………………………………………………………………………………. 49
Information, coercion prohibited…………………………………………………………………………………………………………. 93, 270
Information Bureau: (see also Aid Societies; Red Cross) ………………………………………………………….203-207, 343-350

Central Information Agency ………………………………………………………………………………………………… 204, 347
Exemption from postal charges…………………………………………………………………………………………….. 205, 348
National Bureau …………………………………………………………………………………………………………………. 203, 343

Inhabitants of occupied territory (See Occupied territory rights, etc., of Inhabitants.)
Injuries after surrender ……………………………………………………………………………………………………………………………… 29
Insignia:

Improper use ……………………………………………………………………………………………………………………………….. 52, 55
Proper use…………………………………………………………………………………………………………………………………………. 54

Intercourse between belligerents (See Belligerents—intercourse or negotiations between.)
International Committee of the Red Cross (See Red Cross.)

International Law:
Crimes under ……………………………………………………………………………………………………………………………..498-504
Customary law………………………………………………………………………………………………………………………….4, 6-9, 11
Geneva Conventions (see also Geneva Conventions) ……………………………………………………………………..502,503
Jurisdiction ……………………………………………………………………………………………………………………………….502, 503
National law …………………………………………………………………………………………………………………………………7, 511
Punishments……………………………………………………………………………………………………………………………………..508
Responsibility of nations for punishment ……………………………………………………………………………………………..506
Treaty law, force…………………………………………………………………………………………………………………………………..7
Trials……………………………………………………………………………………………………………………………………………….505
Violations (see also War crimes)………………………………………………………………………………………………….498, 507
War crimes (See War crimes.)

Internees:
Accommodations: (see also this title-Camps, And see Internment.)…………………………………………………..286-342
Generally………………………………………………………………………………………………………………………289-292
In neutral countries……………………………………………………………………………………………………………….339
Accounts………………………………………………………………………………………………………………………………………….305
Air raid shelters ………………………………………………………………………………………………………………………………..295
Allowances ………………………………………………………………………………………………………………………………………305
Burial and cremation …………………………………………………………………………………………………………………………337
Camps:
Administration……………………………………………………………………………………………………………………………306
Geneva Conventions to be posted …………………………………………………………………………………………………306
Inspection ………………………………………………………………………………………………………………………………….350
Location…………………………………………………………………………………………………………………………………….290
Regulations, orders, etc., to be posted ……………………………………………………………………………………………306
Canteens ………………………………………………………………………………………………………………………………………….294
Censorship ………………………………………………………………………………………………………………………………..308, 319
Central Information Agencies …………………………………………………………………………………………………………….347
Civil capacity……………………………………………………………………………………………………………………………………287
Clothing…………………………………………………………………………………………………………………………………………..297
Coercion ………………………………………………………………………………………………………………………………………….270
Collective punishment prohibited………………………………………………………………………………………………………..272
Collective relief shipments (see this title-Relief shipments.)
Compensation…………………………………………………………………………………………………………………………………..302
Complaints……………………………………………………………………………………………………………………………………….308
Confinement ……………………………………………………………………………………………………………………………..329, 333
Correspondence …………………………………………………………………………………………………….313, 314, 318-320, 332
Court proceedings………………………………………………………………………………………………….322, 325, 328, 330-333
Death ………………………………………………………………………………………………………………………………………..336-338
Death certificates………………………………………………………………………………………………………………………………336
Discipline:
Disciplinary punishment………………………………………………………………………………………………………..326-332
Generally …………………………………………………………………………………………………………………………………..307
Discrimination ………………………………………………………………………………………………………………………………….266
Education…………………………………………………………………………………………………………………………………………301
Employment of (see this title—Labor.)
Escape, effect on other offenses …………………………………………………………………………………………………..327, 328
Families …………………………………………………………………………………………………………………………………………..289
Financial allowances …………………………………………………………………………………………………………………………305
Food rations……………………………………………………………………………………………………………………………………..296
Graves registration…………………………………………………………………………………………………………………………….337
Groupings for housing purposes………………………………………………………………………………………………………….289
Hazards of war, protection …………………………………………………………………………………………………………………295
Humane treatment ……………………………………………………………………………………………………………… 266, 307, 334
Hygiene and health ……………………………………………………………………………………………………………………………292

Identification and identity cards……………………………………………………………………………………. 304, 313, 337, 345
Imprisonment ……………………………………………………………………………………………………… 325, 326, 329, 331, 332
Information Bureaus……………………………………………………………………………………………………………………343-349
Inspection of interment facilities………………………………………………………………………………………………………… 350
Intellectual pursuits ………………………………………………………………………………………………………………………….. 301
Internee committees ……………………………………………………………………………………………………………………308-311
Internment (see this title—Accommodation.)
Internment cards………………………………………………………………………………………………………………………………. 313
Investigations:

Death or injury ………………………………………………………………………………………………………………………….. 338
Inspection of camp …………………………………………………………………………………………………………………….. 350
Offenses of internees………………………………………………………………………………………………………………….. 329

Judicial proceedings (see this title—Court Proceedings.)
Killed or injured; special circumstances………………………………………………………………………………………………. 338
Labor—Conditions…………………………………………………………………………………………………………………………… 302
Labor detachments …………………………………………………………………………………………………………………………… 303
Laws applicable……………………………………………………………………………………………………………………………….. 324
Lawsuits against ………………………………………………………………………………………………………………………………. 322
Legal aid………………………………………………………………………………………………………………………………….. 320, 322
Legal documents ………………………………………………………………………………………………………………………. 320, 336
Maintenance ……………………………………………………………………………………………………………………………………. 288
Medicalexaminationsand care …………………………………………………………………………………………………… 298,299
Moneys……………………………………………………………………………………………………………………………………. 304, 305
Notifications by Detaining Power …………………………………………………………………………………. 312, 336, 338, 343
Offenses:

Generally……………………………………………………………………………………………………………………. 324, 327, 328
Investigation……………………………………………………………………………………………………………………………… 329
Punishment (see this title-Punishments.)

Penal and disciplinary sanctions (See this title–Punishment.)
Personal effects ………………………………………………………………………………………………………………………… 304, 346
Petition, right…………………………………………………………………………………………………………………………………… 308
Postal exemptions…………………………………………………………………………………………………………………………….. 317
Prisoners of war, separation from……………………………………………………………………………………………………….. 291
Property, personal (see also this title-Money):

Forwarding of personal property………………………………………………………………………………………………….. 346
Management……………………………………………………………………………………………………………………………… 321
Personal effects …………………………………………………………………………………………………………………………. 304
Transfers ………………………………………………………………………………………………………………………………….. 335
Protecting Powers:

Complaints …………………………………………………………………………………………………………………………. 308
Notification ………………………………………………………………………………………………………….. 312, 336, 338
Supervision ………………………………………………………………………………………………………………………… 350
Visitations ………………………………………………………………………………………………………………………….. 350
Protection …………………………………………………………………………………………………………………………………. 295

Punishment:
Basis………………………………………………………………………………………………………………………………….. 331
Disciplinary…………………………………………………………………………………………………………………..324-333
General provisions ………………………………………………………………………………………………………………. 324
Penalties prescribed …………………………………………………………………………………………………………….. 325
Procedures for imposing …………………………………………………………………………………………………330-333
Prohibited punishment ………………………………………………………………………………………………….. 271, 272
Safeguards…………………………………………………………………………………………………………………… 331, 332

Recreation ………………………………………………………………………………………………………………………………… 301
Release ……………………………………………………………………………………………………………………………….339-342
Relief……………………………………………………………………………………………………………………………………….. 315
Collective relief…………………………………………………………………………………………………………………… 316
Exemption from fees and duties…………………………………………………………………………………………….. 317
Relief shipments …………………………………………………………………………………………………… 315, 318, 349

Relief societies …………………………………………………………………………………………………………………………..349
Religious freedom ……………………………………………………………………………………………………………….293, 300
Repatriation …………………………………………………………………………………………………………………………339-341

Costs…………………………………………………………………………………………………………………………………..342
Representatives of (see also this title–Protecting Powers) …………………………………………………………308-311
Residence, return…………………………………………………………………………………………………………………341, 342
Rights:

Generally………………………………………………………………………………………………………. 266, 291, 307, 334

During punishment………………………………………………………………………………………………………..331, 332
Sanitation measures…………………………………………………………………………………………………………………….292
Transfers:

Conditions …………………………………………………………………………………………………………………………..334

Methods………………………………………………………………………………………………………………………………335
Visitors and visits (see also this title-Protecting Powers)………………………………………………………………….323
Wills ………………………………………………………………………………………………………………………………….320, 336
Women ………………………………………………………………………………………….. 288, 289, 292, 296, 298, 304, 331

Internment. (see also Assigned residence)
Areas………………………………………………………………………………………………………………………………………….98, 290
Civilian ……………………………………………………………………………………………………………………………………………286
Prisoners of war……………………………………………………………………………………………………………………………97-100

Interrogation:
Civilians, use of force prohibited ………………………………………………………………………………………………………..270
Prisoners of war………………………………………………………………………………………………………………………………….93

Invasion, occupation distinguished from …………………………………………………………………………………………………….352

Invested areas, inhabitants ………………………………………………………………………………………………………………………….44

Jurisdiction Military jurisdiction, defined…………………………………………………………………………………………………. 13, 505, 507
War crimes, jurisdiction over ………………………………………………………………………………………………………505, 507

Killing or wounding:
After surrender …………………………………………………………………………………………………………………………………..85
Limitations on means ……………………………………………………………………………………………………………….33, 34, 41
Parlementaires, accidental or otherwise ……………………………………………………………………………………………….461

Labor (See Labor under Aliens; Internees; Prisoners of war; Occupied territory.)
Land warfare (See Hostilities.)

Laws of war:
Applicability……………………………………………………………………………………………………………………………………7-10
Basic rules and principles………………………………………………………………………………………………………………….1-14
Binding effect ………………………………………………………………………………………………………………………………………3
Civil war, applicability ………………………………………………………………………………………………………………………..11
Customary laws ………………………………………………………………………………………………………………………..4, 6-9, 11
Declaration of war unnecessary to make applicable…………………………………………………………………………………..9
Enforcement …………………………………………………………………………………………………………………… 15-19, 495-511
Force…………………………………………………………………………………………………………………………………………………..7
Interpretation of 1949 Geneva Conventions relating to…………………………………………………………………………….19
Jurisdiction to try offenses against …………………………………………………………………………………………. 13, 505, 507
National law …………………………………………………………………………………………………………………………………….511
Protecting Powers, role with regard to ………………………………………………………………………………………………15-19
Purpose ……………………………………………………………………………………………………………………………………………….2
Sources ……………………………………………………………………………………………………………………………………………….4
Termination of hostilities, effect …………………………………………………………………………………………………………..10
Treaties………………………………………………………………………………………………………………………………………..4, 5, 7
Unwritten rules (see this title–Customary laws.)
Violations (gee also Prohibited acts; War crimes)……………………………………………………………………………495-511

Legal documents (see under Internees; Prisoners of war)

Levee En Masse:
Defined …………………………………………………………………………………………………………………………………..61, 65, 72
Treatment…………………………………………………………………………………………………………………………………………..65

Liberated Territory, Government……………………………………………………………………………………………………………….354

Looting …………………………………………………………………………………………………………………………………….. 47, 272, 397

Mail (See Correspondence under civilians; Internees; Prisoners of war, etc.) (see also Censorship; Information bureaus)
Manual, purpose ………………………………………………………………………………………………………………………………………… 1

Martial law:
Definition …………………………………………………………………………………………………………………………………………. 12
Distinguished from military government ………………………………………………………………………………………………. 12

Medical commissions ………………………………………………………………………………………………………………………. 191, 192

Medical examinations (see under Internees; Prisoners of war)
Medical personnel: (see also Wounded and sick; Red Cross)
Civilian hospitals, employed ……………………………………………………………………………………………………………… 259
Definition, persons included ……………………………………………………………………………………… 67-69, 225, 226, 259
Emblem of protection……………………………………………………………………………………………………. 55, 238, 240, 259
Neutrals, status ………………………………………………………………………………………………………………….. 229, 233, 545
Prisoners of war, status ………………………………………………………………………………………………………….. 67, 68, 230
Protection ………………………………………………………………………………………………………………….. 223, 225, 226, 236
Retained personnel, status as……………………………………………………………………………………………..67, 68, 230-232
Return by the enemy …………………………………………………………………………………………………………………..231-233
Security measures…………………………………………………………………………………………………………………………….. 231
Weapons, right to carry …………………………………………………………………………………………………………………….. 223

Medical stores and supplies: (see also Medical units)
Free passage ……………………………………………………………………………………………………………………………………. 262
Occupied territories, use…………………………………………………………………………………………………………….. 384, 413
Protection ……………………………………………………………………………………………………………………………………….. 234
Requisition …………………………………………………………………………………………………………………………386, 413-416

Medical units: (Including hospitals and mobile units.) (see also Medical commissions)
Aircraft, use………………………………………………………………………………………………………………………. 237, 261, 540
Building, mobile units and stores, protection………………………………………..220-223, 234, 253, 257-258, 260, 261
Civilian hospitals………………………………………………………………………………………………………… 257, 258, 385, 386
Defense of, protective status not thereby denied…………………………………………………………………………………… 223
Emblem of protection……………………………………………………………………………………………… 55, 242-245, 248, 257
Hospital ships ……………………………………………………………………………………………………………………. 209, 260, 544
Hospital zones ………………………………………………………………………………………………………………………….. 224, 253
Hospitals (see this title-Buildings, etc.)
Location ……………………………………………………………………………………………………………………………. 220, 253
Neutral territory, passage of units through………………………………………………………………………. 530, 540, 541
Neutral units and the use of national flag……………………………………………………………………………….. 229, 243
Occupied territory …………………………………………………………………………………………. 257, 258, 386, 414, 415
Protection of (see this title-Buildings, etc.)
Requisition of hospital and other units……………………………………………………………………………..386, 414-416
Termination of protection …………………………………………………………………………………………………………… 222
Transportation units …………………………………………………………………………………………………………………… 236
Utilization …………………………………………………………………………………………………………………………. 222, 223
Weapons employed in connection with ………………………………………………………………………………………… 223

Military attaches of neutral country ……………………………………………………………………………………………… 83, 457, 549

Military commissions ………………………………………………………………………………………………………………………… 13, 505

Military government: (see also Occupied territory)
Authority ………………………………………………………………………………………………………………………………………… 367
Courts, suspension……………………………………………………………………………………………………………………………. 373
Definition ………………………………………………………………………………………………………………………………… 362, 368
Distinguished from martial law……………………………………………………………………………………………………………. 12
Financing………………………………………………………………………………………………………………………………………… 364
Functions…………………………………………………………………………………………………………………………………. 363, 367
Laws to be applied ……………………………………………………………………………………………………………………..369-372
Necessity ………………………………………………………………………………………………………………………………………… 362
Puppet governments …………………………………………………………………………………………………………………………. 366
Rights protected ………………………………………………………………………………………………………………………………. 365

Military jurisdiction……………………………………………………………………………………………………………………. 13, 505, 507

Military necessity ……………………………………………………………………………………………………………………………………….3

Military occupation (See Occupied territory.)
Military passports (See Passport, Military.)

Militia:
Definition ………………………………………………………………………………………………………………………………………….64
Prisoner of war status ……………………………………………………………………………………………………………….61, 64, 74

Mixed medical commissions (See Medical commission.)

Money:
Internees …………………………………………………………………………………………………………………………………..304, 305
Occupied territory, use of (see also Taxation)……………………………………………………………………………………….430
Prisoners of war (See Prisoners of war–finances.)

Monuments, protection……………………………………………………………………………………………………………………….57, 405

Munitions:
Neutral territories:
Convoys………………………………………………………………………………………………………………………………516-518
Purchases…………………………………………………………………………………………………………………………………..527
Shipments ……………………………………………………………………………………………………………..517, 518, 525-527
Occupied territory:
Seizure authorized ……………………………………………………………………………………………………………….401, 403

Museums, protection ………………………………………………………………………………………………………………………….57, 405

National Red Cross (See Red Cross.)
Neutral Aid Societies (See Aid Societies.)

Neutralcommerce, shipment ofsupplies for Belligerents………………………………………………………..516–518, 525-527

Neutral countries (See Neutral Powers; neutral territory.)

Neutral persons …………………………………………………………………………………………………………………………………547-551
Belligerent acts ……………………………………………………………………………………………………. 519, 523, 524, 550, 551
Commerce with belligerents…………………………………………………………………………………………………………525-527
Definition ………………………………………………………………………………………………………………………………………..547
Diplomatic personnel……………………………………………………………………………………………………………. 83, 456, 549
Export of arms ……………………………………………………………………………………………………………………………525-527
Forfeiture of neutrality ………………………………………………………………………………………………………………………550
Hostile acts ………………………………………………………………………………………………………………………………………550
Medical personnel, security measures …………………………………………………………………………………… 229, 233, 545
Occupied territory:
Diplomatic personnel (See Diplomatic personnel above.)
Offenses committed…………………………………………………………………………………………………………………….550
Status ………………………………………………………………………………………………………………………………………..548
Protected persons, status…………………………………………………………………………………………………………………….247
Rights, forfeiture ………………………………………………………………………………………………………………………………550

Neutral Powers:
Asylum …………………………………………………………………………………………………………………………………….534, 545
Belligerents, relations with:
Commercial shipments…………………………………………………………………………………………… 516-518, 525-527
Communication facilities, belligerents' use ………………………………………………………………………………528-531
Diplomatic agents………………………………………………………………………………………………………….. 83, 456, 549
Equipment of belligerents, disposition ……………………………………………………………………………………536,552
Export controls, impartiality…………………………………………………………………………………………………..525-527
Force, use to enforce neutrality …………………………………………………………………………………………………….519
Internment of belligerents …………………………………………………………………………………………….. 532, 535, 537
Medical units and medical personnel ……………………………………………………………………………… 243, 540, 545
Movement of troops and supplies…………………………………………………………………………………………..517, 518
Parole of belligerents…………………………………………………………………………………………………………………..535
Treatment of belligerents………………………………………………………………………………………………. 532, 533, 537
Neutral territory (See Neutral territory.)
Neutrality (See Neutrality.)
Notification as to:
Neutrality…………………………………………………………………………………………………………………………………..514

State of war …………………………………………………………………………………………………………………………. 21, 514
Prisoners of war, duties concerning (See Prisoners of war.)
Protecting Power, role as (See Protecting Powers.)
Responsibilities ……………………………………………………………………………………………………………………………….. 526
Shipwrecked belligerents, detention…………………………………………………………………………………………….. 523, 544
Troop movements……………………………………………………………………………………………………………………… 516, 518
Violations of neutrally……………………………………………………………………………………………………………….. 519, 520
Weapons:

Belligerents' weapons, disposition ……………………………………………………………………………………………….. 536
Transport or export………………………………………………………………………………………………….516-518, 525-527
Wounded and sick, duties toward (See Wounded and sick.)

Neutral territory: (see also Neutral Powers.)
Asylum …………………………………………………………………………………………………………………………….. 532, 534, 545
Belligerents in (see also Neutral Powers) ……………………………………………………………………….. 526, 532-535, 549
Communication facilities, use ………………………………………………………………………………………………………528-531
Evacuation of prisoners of war…………………………………………………………………………………………………………… 543
Inviolability…………………………………………………………………………………………………………………………………….. 515
Medical aircraft ……………………………………………………………………………………………………………………………….. 540
Medical personnel ……………………………………………………………………………………………………………………………. 545
Movements of troops and supplies through…………………………………………………………………………………… 516, 517
Prisoners of war, escapees…………………………………………………………………………………………………………………. 538
Radio stations, etc., forbidden………………………………………………………………………………………………………528-531
Railroad equipment ………………………………………………………………………………………………………………………….. 552
Recruitment of troops prohibited ……………………………………………………………………………………………………….. 522
Restrictions on territory…………………………………………………………………………………………………………………….. 518
Sale of supplies to belligerents……………………………………………………………………………………………………..525-527
Wounded and sick:
Internment and passage…………………………………………………………………………………………………………539-544

Neutrality: (see also Neutral persons; Neutral Powers; Neutral territory.) ………………………………………………..512-552
Definition ……………………………………………………………………………………………………………………………………….. 512
Enforcement …………………………………………………………………………………………………………………………….. 519, 520
Forfeiture………………………………………………………………………………………………………………………………………… 550
Notification …………………………………………………………………………………………………………………………………….. 514
United Nations Charter, effect …………………………………………………………………………………………………………… 513
Violations:
Defined…………………………………………………………………………………………………………………………………….. 521
Failureto prevent, effectof…………………………………………………………………………………………………………. 520
Individuals…………………………………………………………………………………………………………………………. 523, 524
Prevention …………………………………………………………………………………………………………………………. 519, 520
Punishment……………………………………………………………………………………………………………………………….. 521
Resistance ………………………………………………………………………………………………………………………………… 519

Neutralized zones, creation ……………………………………………………………………………………………………………………… 254

Newspaper reporters, captured status ………………………………………………………………………………………………………….. 61

Newspapers in Occupied Territory (See Occupied territory-newspapers.)
Non-belligerent powers (see also Neutral Powers) ………………………………………………………………………………. 512, 513

Noncombatants:
Besieged places …………………………………………………………………………………………………………………………………. 44
Prisoner of war status …………………………………………………………………………………………………………………………. 62

Nonhostile agreements (See Armistices; Capitulations; Cartels; Suspension of arms; Surrender).
Nonhostile relations of belligerents (See Belligerents–non-hostile relations.) …………………………………………..449-494

Nonintercourse ……………………………………………………………………………………………………………………………….. 449, 450

Notification to neutrals (see also Protecting Powers)…………………………………………………………………………………….. 21

Oath of allegiance to occupying power ……………………………………………………………………………………………………… 359

Occupation (see also Occupied territory)……………………………………………………………………………………………..351-448
Annexation during……………………………………………………………………………………………………………… 358, 359, 365
Civil Affairs administration distinguished …………………………………………………………………………………………… 354
Definition ……………………………………………………………………………………………………………………………………….. 351

Duration…………………………………………………………………………………………………………………………………………..352
Effectiveness …………………………………………………………………………………………………………………………….356, 360
Government, nature …………………………………………………………………………………………………………………………..368
Invasion, distinguished from ………………………………………………………………………………………………………………352
Proclamation…………………………………………………………………………………………………………………………………….357
Question of fast ………………………………………………………………………………………………………………………………..355
Sovereignty not transferred …………………………………………………………………………………………………………353, 358
Subjugation or conquest, distinctions …………………………………………………………………………………………………..353
Termination ……………………………………………………………………………………………………………………………………..361

Occupational accidents (See Labor under internees; prisoners of war; Occupied territory.)
Occupied territory: (see also Civilians; Internees, Neutral persons) …………………………………………………………351-448
Administration……………………………………………………………………………………………………………………………362-378
Annexation ……………………………………………………………………………………………………………………….. 358, 359, 365
Assigned residence ……………………………………………………………………………………………………………………………433
Billeting of occupation army, authorized ……………………………………………………………………………………………..379
Censorship of press and mail………………………………………………………………………………………………………………377
Charitable property (See Property-religious, charitable, and cultural.)
Children……………………………………………………………………………………………………………………………. 262, 263, 383
Civil Affairs Administration, distinguished ………………………………………………………………………………………….354
Civil or military Government ……………………………………………………………………………………………………………..368
Coercion of Inhabitants to obtain information, prohibited ………………………………………………………………………270
Collective punishment (see this title–Penal Law).
Commercial intercourse, restrictions allowed ……………………………………………………………………………………….376
Commercial transactions, military personnel (see below, under Private gain of.)
Confinement: (see also Assigned residence; Internment)
Place …………………………………………………………………………………………………………………………………………446
Pretrial ………………………………………………………………………………………………………………………………………439
Treatment during …………………………………………………………………………………………………………………446, 447
Contributions: (see also this title-Taxes.)
Method of levy or collection ………………………………………………………………………………………………………..429
Purpose……………………………………………………………………………………………………………………………………..428
Control ofinhabitants …………………………………………………………………………………………………………………432,433
Costs of occupation (see also Contributions; Taxes.)……………………………………………………………………………..364
Courts (see this title—Penal law) ………………………………………………………………………………….. 372, 373, 436, 437
Crimes (see this title—Penal law.)
Criminal procedure (see this title—Penal law.)
Currency and exchange controls………………………………………………………………………………………………………….430
Death penalty (see this title—Penal law.)
Defenses at trials (see this title—Trials.)
Definition ………………………………………………………………………………………………………………………………….351-356
Detainees, treatment (see this title—Confinement, above) ……………………………………………………………………..446
Deportations …………………………………………………………………………………………………………………………………….382
Devastation……………………………………………………………………………………………………………………………….410, 411
Diplomatic personnel……………………………………………………………………………………………………………. 83, 457, 549
Evacuations ……………………………………………………………………………………………………………………………………..382
Food and clothing:
Generally ……………………………………………………………………………………………………………………. 384, 388, 413
Requisition …………………………………………………………………………………………………………………………413, 416
Freedom of movement……………………………………………………………………………………………………………………….375
Government: (see also this title—Administration.)
Civil………………………………………………………………………………………………………………………………………….368
Duress……………………………………………………………………………………………………………………………………….366
Functions ……………………………………………………………………………………………………………………………367, 368
Local government……………………………………………………………………………………………………………………….366
Military government………………………………………………………………………………………………………………12, 362
Nature ……………………………………………………………………………………………………………………………………….368
Puppet governments ……………………………………………………………………………………………………………………366
Government officials (see this title-Officials.)

Guides, impression…………………………………………………………………………………………………………………………… 270

Hospitals:
Protection ………………………………………………………………………………………………………………………….. 257, 258
Requisition …………………………………………………………………………………………………………………. 386, 414, 415
Zones……………………………………………………………………………………………………………………………………….. 253

Hostages forbidden…………………………………………………………………………………………………………………………… 273
Human rights of inhabitants ………………………………………………………………………………………………………………. 386
Hygiene and health…………………………………………………………………………………………………………………………… 385
Inhabitants (see under appropriate subject headings here)
Institutions to be protected (see also Property) ……………………………………………………………………………… 393, 405
Internment (see also Internees) ………………………………………………………………………………………………………….. 433
Judges (see this title—Officials, below.)
Labor: (see also this title—Officials)…………………………………………………………………………………………….418-422

Prohibited labor…………………………………………………………………………………………………………………………. 420
Protection of laborers…………………………………………………………………………………………………………………. 421
Requisitions……………………………………………………………………………………………………………………….. 419, 420

Land, private and public (See Property.)

Laws: (see also this title—Penal law) …………………………………………………………………………….. 369-372, 432, 437
Administration …………………………………………………………………………………………………………………… 370, 437
Application……………………………………………………………………………………………………………………………….. 437
Immunity of occupation personnel fromlocal laws ………………………………………………………………………… 374
Occupation laws, when applicable …………………………………………………………………………………. 352, 360, 374
Publication of new laws ……………………………………………………………………………………………………………… 435
Rights of action, not to be suspended……………………………………………………………………………………………. 372
Repeal or suspension……………………………………………………………………………………………………. 370, 371, 434

Maintenance of occupation ……………………………………………………………………………………………………………….. 360
Medical supplies…………………………………………………………………………………………………………. 384, 386, 388, 413
Medical units………………………………………………………………………………………………………. 257, 258, 386, 414, 415
Military government, necessity for …………………………………………………………………………………………………….. 362
Militaryservices, recruitment, etc……………………………………………………………………………………………….. 418,420
Money (set this title-Currency.)
Movement, restrictions……………………………………………………………………………………………………………………… 375
National flags (See Flags–proper and improper use.)
Nationals of the occupying power:

Immunity from local law…………………………………………………………………………………………………………….. 374

Offenses committed before occupation…………………………………………………………………………………………. 440
Nationals of other powers, repatriation ……………………………………………………………………………………………….. 381
Neutral persons (see Neutral persons)…………………………………………………………………………………………………. 551
Newspapers, control…………………………………………………………………………………………………………………………. 377
Oaths (see also this title—Officials) ……………………………………………………………………………………………. 359, 423
Obedience to occupation authorities …………………………………………………………………………………….. 359, 423, 432
Occupation (see this title—Occupation.)
Offenses before occupation (see this title—Penal law.)
Officials of hostile government:

Coercion…………………………………………………………………………………………………………………………………… 422
Compensation …………………………………………………………………………………………………………………………… 424
Oaths ……………………………………………………………………………………………………………………………………….. 423
Obedience ………………………………………………………………………………………………………………….. 359, 423, 432
Punishment (see this title—Punishment.)
Removal …………………………………………………………………………………………………………………………………… 422
Salaries…………………………………………………………………………………………………………………………………….. 424

Penal and disciplinary sanctions (see this title—Penal law.)

Penal law (see also this title—Laws) …………………………………………………………………………………………….432-448
Appellate rights…………………………………………………………………………………………………………………………. 443
Applicable law …………………………………………………………………………………………………….. 369, 370, 434, 437
Confinement……………………………………………………………………………………………………………….. 439, 446, 447
Courts………………………………………………………………………………………………………………………… 373, 436, 437
Defense at trial ………………………………………………………………………………………………………………………….. 442

Individual responsibility………………………………………………………………………………………………………………448
Legislation…………………………………………………………………………………………………………………………………434
Offenses:

Committed before occupation ………………………………………………………………………………………………..440
Generally…………………………………………………………………………………………………………………………….438
Penalties ……………………………………………………………………………………………………………………………………438
Procedure for trials ……………………………………………………………………………………………………………….441-444
Publication of laws ……………………………………………………………………………………………………………………..435
Punishments: ……………………………………………………………………………………………………………………….438-440
Collective punishment, prohibited …………………………………………………………………………………..272, 448
Confinement………………………………………………………………………………………………….. 438, 439, 446, 447
Death penalty ……………………………………………………………………………………………………….. 438, 444, 445
Notification to Protecting Power…………………………………………………………………………………………….444
Offense committed before occupation …………………………………………………………………………………….440

Repeal or suspension…………………………………………………………………………………………………………………..369
Pillage prohibited ……………………………………………………………………………………………………………………………..397
Population, rights (see also appropriate subheadings under this title)…………………………………………………379-387
Postal service……………………………………………………………………………………………………………………………………377
Press and radio………………………………………………………………………………………………………………………………….377
Prisoners of war, status of persons in occupied territory …………………………………………………………………………..72
Private gains by officers and soldiers forbidden…………………………………………………………………………………….398
Proclamation of occupation………………………………………………………………………………………………………………..357
Property (See Property.)
Protecting Power: (see also Internees; Protecting Powers.)

Functions with respect to:
Foods, medical supplies and relief …………………………………………………………………………….384, 388-390
Labor ………………………………………………………………………………………………………………………………….421
Trials and sentences ………………………………………………………………………………………………………442, 444

Notification of:
Transfers and deportation………………………………………………………………………………………………………382
Trials and sentences ………………………………………………………………………………………………. 441, 444, 446

Public finance………………………………………………………………………………………………………………………425-431
Public order ………………………………………………………………………………………………………………………..363, 369
Punishment (see this title-Penal law.)
Puppet Governments …………………………………………………………………………………………………………………..366
Recruitment ……………………………………………………………………………………………………………………………….418
Relief and relief shipments…………………………………………………………………………………………………….388-391
Relief societies …………………………………………………………………………………………………………………………..392
Religion:

Religious assistance ……………………………………………………………………………………………………………..387
Religious freedom …………………………………………………………………………………………………. 252, 266, 380
Religious property, protection and use…………………………………………………………………………………….405

Repatriation of nationals of other powers (see also Civilians; Internees) ……………………………………………381
Reprisals prohibited…………………………………………………………………………………………………………………….272
Requisitions (See Requisitions.)
Red Cross (See Red Cross.)
Residence, assigned…………………………………………………………………………………………………………………….433
Revenue (see this title—Taxes.)
Rights of action ………………………………………………………………………………………………………………………….372
Rights of inhabitants………………………………………………………………………………………………………365, 379-387
Schools ……………………………………………………………………………………………………………………………………..383
Security measures…………………………………………………………………………………………………. 248, 266, 369, 399
Services, requisition …………………………………………………………………………………………………….. 418, 419, 422
Sovereignty ………………………………………………………………………………………………………………………..353, 358
Subjugation or conquest ………………………………………………………………………………………………………………353
Submarine cables………………………………………………………………………………………………………………………..411
Taxes: (see also this title—Contributions.)

Changes in tax law ……………………………………………………………………………………………………………….426

Collection……………………………………………………………………………………………………………………. 425, 427
Types…………………………………………………………………………………………………………………………………. 426
Use 425

Termination of occupation ……………………………………………………………………………………………. 360, 361, 447
Transfers of populations……………………………………………………………………………………………………………… 382
Transportation, control……………………………………………………………………………………………………………….. 378
Trials: (see also this title—Courts; Penal law.)

Appellate rights…………………………………………………………………………………………………………………… 443
Defense, rights ………………………………………………………………………………………………………………441-445
Notification to Protecting Power……………………………………………………………………………………………. 444

Women (see also Internees—women) ………………………………………………………. 253, 256, 262, 266, 271, 446
Workers (see this title—Labor.)
Officers (see also War crime—officials.)
Captured (See Prisoners of war—officers.)
Gains, private, forbidden in occupied territory ………………………………………………………………………………. 398
Internment by Neutral Powers ……………………………………………………………………………………………… 532, 534
Liability for war crimes………………………………………………………………………………………………… 501, 509, 510
Parole in neutral countries…………………………………………………………………………………………………………… 535

Opening of hostilities (See Hostilities.)
Orders and regulations: (see also War crimes—orders of superiors.)

Prisoners of war, posting in prisoners language ……………………………………………………………………………………. 117
Orphans, care………………………………………………………………………………………………………………………………….. 263, 383
Outlawry and assassination ……………………………………………………………………………………………………………………….. 31
Parachute, persons descending …………………………………………………………………………………………………………………… 30
Parlementaires ………………………………………………………………………………………………………………………………….458-468
Parole:

In neutral territory ……………………………………………………………………………………………………………………………. 535

Prisoners of war (See Prisoners of war—parole.)
Passports, military …………………………………………………………………………………………………………………………… 454, 455
Penal and disciplinary sanctions (See Internees; Occupied Territory; Prisoners of war.)
Perfidy …………………………………………………………………………………………………………………………………………….. 50, 493
Permitted acts, specifically mentioned:

Atomic weapons………………………………………………………………………………………………………………………………… 36
Bombardment……………………………………………………………………………………………………………………………………. 42
Property destruction …………………………………………………………………………………………………………………………… 56
Ruses ……………………………………………………………………………………………………………………………………………….. 51
Spies ………………………………………………………………………………………………………………………………………………… 77
Stratagems………………………………………………………………………………………………………………………………………… 48
Weapons, employing fire ……………………………………………………………………………………………………………………. 36

Personal Property (See Internees; Prisoners of war; Property; Wounded and sick.)
Physical examinations (See Internees; Prisoners of war.)
Pillage prohibited ………………………………………………………………………………………………………………………. 47, 272, 397
Poison…………………………………………………………………………………………………………………………………………………….. 37
Policing of battlefield ……………………………………………………………………………………………………………………………… 216
Populations shifts in occupied territory (See Occupied territory—transfers)
Political authorities, power to capitulate ……………………………………………………………………………………………………. 473
Postage (See Mail)
Principles, basic principles of the law of war …………………………………………………………………………………………………. 3
Prisoners of war………………………………………………………………………………………………………………………………….60-207

Accidents………………………………………………………………………………………………………………………………………… 193
Accommodations in neutral country ………………………………………………………………………………………188-190, 194
Accounts (See Finances, below.)
Accused prisoners, rights ……………………………………………………………………………………………………. 175, 181, 882
Acts committed prior to capture…………………………………………………………………………………………………………. 161
Addresses of prisoners, belligerents to inform each other………………………………………………………………………. 203
Administration of (see this title—Camps.)
Agreements on treatment ……………………………………………………………………………………………………………………. 86
Aid societies (see also Red Cross) …………………………………………………………………………………… 69, 148-151,206

Aiding the enemy ……………………………………………………………………………………………………………………………….79
Airborne troops…………………………………………………………………………………………………………………………………..63
Appellate rights (see this title—Judicial proceedings.)
Armistice, disposition during ……………………………………………………………………………………………………………..487
Authorities of detaining power, relations with ………………………………………………………………………………..154-157
Asylum ……………………………………………………………………………………………………………………………………………199
Attaches and other diplomatic representatives of neutral powers……………………………………………………………….83
Badges and decorations ………………………………………………………………………………………………………………..94, 116
Books may receive ……………………………………………………………………………………………………………………………148
Bureau of Information …………………………………………………………………………………………………………………203-205
Burial, certificates, etc ……………………………………………………………………………………………………………………….201
Camp followers, status …………………………………………………………………………………………………………………..60, 70
Camps:

Administration……………………………………………………………………………………………………………………………115
Geneva Conventions, regulations and orders, posting………………………………………………………………………117
Hygiene …………………………………………………………………………………………………………………………………….106
Responsible officer……………………………………………………………………………………………………………………..115
Screening…………………………………………………………………………………………………………………………………..100
Supervision………………………………………………………………………………………………………………………………..207
Transit ……………………………………………………………………………………………………………………………….100, 106
Working………………………………………………………………………………………………………………………………………99
Canteens ………………………………………………………………………………………………………………………………………….104

Captivity: (see also this title—Capture)
Beginning ……………………………………………………………………………………………………………………………….93-96
Termination …………………………………………………………………………………………………………………………185-202

Captures
Acts committed prior…………………………………………………………………………………………………………………..161
Recapture……………………………………………………………………………………………………………………………170, 185

Capture cards……………………………………………………………………………………………………………………………………146
Cartels………………………………………………………………………………………………………………………………………197, 469
Censorship ……………………………………………………………………………………………………………………………………….152
Central Prisoner of War Information Agency…………………………………………………………………………………204, 205
Chaplains (see this title—Religious ministers.)
Civil capacity……………………………………………………………………………………………………………………………………..90
Civil officials as prisoners of war………………………………………………………………………………………………………….70
Civilians (See Civilians.)
Clothing……………………………………………………………………………………………………………………………………103, 105
Coercion for:

Inducement to admit guilt…………………………………………………………………………………………………………….175

Obtaining information, prohibited…………………………………………………………………………………………………..93
Collective Punishment (see this title-Punishment.)
Combatants and noncombatants ……………………………………………………………………………………………………………62
Commandos……………………………………………………………………………………………………………………………………….63
Compelling to serve in hostile forces, forbidden……………………………………………………………………………………502
Complaints and requests, right to make………………………………………………………………………………………………..154
Confinement as punishment (sea also this title-Internment.)

Conditions …………………………………………………………………………………………………………… 173, 174, 179, 184
Duration…………………………………………………………………………………………………………………………………….174
Hearings prior to…………………………………………………………………………………………………………………………179
Place ………………………………………………………………………………………………………………………………….178, 184
Pre-trial……………………………………………………………………………………………………………………………………..179

Conviction:
Appeal from……………………………………………………………………………………………………………………………….182
Enforcement ………………………………………………………………………………………………………………………………184
Notice ……………………………………………………………………………………………………………………………………….183

Correspondence:
Capture card ………………………………………………………………………………………………………………………………146
Censorship and suspension…………………………………………………………………………………………………………..152

Dispatches …………………………………………………………………………………………………………………………. 147, 150
Exemption from postage and duties ……………………………………………………………………………………………… 150
General rules ……………………………………………………………………………………………………………………….147-153
Legal documents ……………………………………………………………………………………………………………………….. 153
Parcels………………………………………………………………………………………………………………………………. 148, 149
Relief shipments………………………………………………………………………………………………………………………… 148
Special transport………………………………………………………………………………………………………………………… 151
Telegrams………………………………………………………………………………………………………………………….. 147, 150
Transfer……………………………………………………………………………………………………………………………………. 124
Courts ………………………………………………………………………………………………………………………………… 71, 160, 178
Dangerous work (see this title-Labor)
Dead:
Burial ……………………………………………………………………………………………………………………………….. 201, 202
Special circumstances of death ……………………………………………………………………………………………………. 202
Death penalty ……………………………………………………………………………………………………………………. 176, 177, 183
Definition:
Persons included ……………………………………………………………………………………………………………………..60-71
Persons excluded……………………………………………………………………………………………………………………..72-83
Deployment of prisoners (see also this-Labor) ………………………………………………………………………………………. 99
Detaining power:
Accounts maintained………………………………………………………………………………………………………………….. 140
Responsibility for treatment of prisoners …………………………………………………………………………………… 88, 91
Detention in combat zone……………………………………………………………………………………………………………………. 99
Diplomatic personnel of neutral states ………………………………………………………………………………………………….. 83
Discipline and disciplinary punishment (see also this title—Punishment) ……………………. 115-118, 165, 166, 172
Power to administer ……………………………………………………………………………………………………………. 115, 172
Right of defense ………………………………………………………………………………………………………………………… 172
Discriminations …………………………………………………………………………………………………………………………………. 92
Documents, legal……………………………………………………………………………………………………………………………… 153
Enemy, relations with………………………………………………………………………………………………………………….154-157
Escapee (see also this title—Punishment)……………………………………………………………………….. 167-170, 538, 543
Exchange…………………………………………………………………………………………………………………………………. 197, 487
Exposure to combat fire ……………………………………………………………………………………………………………………… 99
Exterior, relation with …………………………………………………………………………………………………………………145-153
Evacuation (see also this title—Transfers)………………………………………………………………………………… 95, 96, 543
Finances:
Accounts:
Maintained by detaining power……………………………………………………………………. 94, 134, 135, 140-144
Rights of prisoner to inspect …………………………………………………………………………………………………. 141
Terminating………………………………………………………………………………………………………………………… 142
Adjustments between parties to conflict ……………………………………………………………………………………….. 143
Canteen funds……………………………………………………………………………………………………………………………. 104
Claims for compensation ……………………………………………………………………………………………………………. 144
Moneyof prisoners of war ……………………………………………………………………………………………….94, 134-143
Pay advances………………………………………………………………………………………………………………. 136, 140, 143
Ready money ……………………………………………………………………………………………………………………………. 134
Receipts issued for funds of prisoners……………………………………………………………………………………… 94, 139
Restrictions by Detaining Power……………………………………………………………………………………. 136, 138, 139
Supplementary pay…………………………………………………………………………………………………………………….. 137
Transfer of funds……………………………………………………………………………………………………………………….. 139
Wages for labor or working pay……………………………………………………………………………… 130, 133, 138, 140
Food:
Generally…………………………………………………………………………………………………………………………… 102, 105
Mess Supervision ……………………………………………………………………………………………………………….. 120, 121
Force used against (see this title—Coercion)
Funds of prisoners (see this title—Finances)
General divisions of enemy populations ……………………………………………………………………………………………….. 60
Geneva Conventions, posting of text ………………………………………………………………………………………………….. 117

Gifts………………………………………………………………………………………………………………………………………….148-151
Graves……………………………………………………………………………………………………………………………………………..201
Guerrillas …………………………………………………………………………………………………………………………………………..80
Hospitalization (see this title—Medical Examination and care)
Humane treatment ………………………………………………………………………………………………………………………………89
Hygiene and health …………………………………………………………………………………………………………….. 106, 108, 184
Identification and identity cards ………………………………………………………………………………….. 61, 93, 94, 201, 203
Imprisonment (see this title—Confinement)
Infirmaries ……………………………………………………………………………………………………………………………………….107
Information Bureaus……………………………………………………………………………………………………………………203-205
Information to be given by prisoners……………………………………………………………………………………………………..93
Injuries……………………………………………………………………………………………………………….. 107, 130, 131, 193, 202
Insignia of -rank and badges………………………………………………………………………………………………………….94, 116
Insults and public curiosity, protection…………………………………………………………………………………………………..89
Intellectual pursuits …………………………………………………………………………………………………………………………..114
Interim protection if status doubtful ………………………………………………………………………………………………………71
International Committee of Red Cross (See Red Cross)
Internees, to be separated …………………………………………………………………………………………………………………..291
Internment of prisoners:

Generally ………………………………………………………………………………………………………………………………97-100

In neutral country ……………………………………………………………………………………………………………………….190
Interrogation ………………………………………………………………………………………………………………………………………93
Judicial proceedings ……………………………………………………………………………………………………………………175-184

Appellate rights ………………………………………………………………………………………………………………………….182
Defense………………………………………………………………………………………………………………………………175, 181
Notification of proceedings to,

Accused……………………………………………………………………………………………………………………….180, 183

Protecting Powers (see this title-Protecting Powers)
Principles in general ……………………………………………………………………………………………………………………175
Sentence, validity and execution ……………………………………………………………………………………. 178, 183, 184

Killing prohibited in certain instances……………………………………………………………………………………………………85

Labor:
Accidents, occupational………………………………………………………………………………………………………..130, 131
Authorized labor………………………………………………………………………………………………………………….126, 128
Complaints regarding …………………………………………………………………………………………………………..126, 133
Conditions …………………………………………………………………………………………………………………………………127
Dangerous or humiliating labor, generally prohibited………………………………………………………………………128
Detachments of labor, administration…………………………………………………………………………………………….132
Disease, occupational …………………………………………………………………………………………………………..130, 131
Duration of, hours and days …………………………………………………………………………………………………………129
Employers, private ……………………………………………………………………………………………………………………..133
Generally …………………………………………………………………………………………………………………………………..125
Medical examination and care………………………………………………………………………………………………………131
Officers and non-commissioned officers………………………………………………………………………………………..125
Persons subject ……………………………………………………………………………………………………………………125, 157
Physical examination…………………………………………………………………………………………………………………..131
Prisoners' representatives …………………………………………………………………………………………………………….157
Rest required ……………………………………………………………………………………………………………………………..129
Wages…………………………………………………………………………………………………………………. 130, 133, 138, 140
War operations, relations to…………………………………………………………………………………………………..126, 128

Language employed……………………………………………………………………………………………………………… 93, 117, 155
Laws and regulations applicable…………………………………………………………………………………………………..117, 158

Expost facto laws prohibited ……………………………………………………………………………………………………….175
Legal documents……………………………………………………………………………………………………………………………….153
Legislation. (see this title—Laws.)
Letters. (see this title—Correspondence.)
Levee en Masse ………………………………………………………………………………………………………………………………….65
Maintenance ……………………………………………………………………………………………………………………….. 91, 136, 143

Medical duties …………………………………………………………………………………………………………………………………. 109 Medical examination and care (,see also this title—Wounded
and sick) ………………………………………………………………………………………………………. 107, 108, 131, 191, 192
Medical commissions, mixed……………………………………………………………………………………………………… 191, 192
Medical personnel:

Neutral personnel ………………………………………………………………………………………………………………………. 233
Retained personnel…………………………………………………………………………………………………….67, 68, 230-232
Status and duties ………………………………………………………………………………… 67, 68, 107, 109, 131, 230, 233
Voluntaryaid societypersonnel……………………………………………………………………………………………… 69, 230

Mess supervision (see also this title-Food) …………………………………………………………………………………… 120, 121
Militia and volunteer corps ………………………………………………………………………………………………………. 61, 64, 74
Military attached of neutral state………………………………………………………………………………………………………….. 83
Ministers of religion. (See Religious Ministers, below.)
Money. (see this title—Finances.)
Movement, liberty of………………………………………………………………………………………………………………………….. 97
Neutral personnel (see also this title—Protecting Powers) ……………………………………………………………….. 83, 233
Neutral territory:

Accommodation……………………………………………………………………………………… 188-191, 194, 196, 538, 546
Internment ………………………………………………………………………………………………………………………………… 190
Passage through …………………………………………………………………………………………………………………. 538, 543
Treatment …………………………………………………………………………………………………………………………………. 538
Wounded and sick prisoners ………………………………………………………………………………………………… 188, 189
Non-commissioned officers, supervisory work only……………………………………………………………………………… 125

Notification by belligerents:
To each other (see also this title—Information Bureau) ……………………………………………………. 119, 134, 145
To Protecting Power……………………………………………………………………………………………………. 145, 157, 170,

……………………………………………………………………………………………………… 176, 177, 180, 181, 183, 202
Occupational accidents. (see this title-Labor.)
Occupied areas, certain persons in ……………………………………………………………………………………………………….. 72
Offenses (see also this title–Punishment; Discipline) …………………………………………………………………………… 158

Committed prior to capture …………………………………………………………………………………………………………. 161

Officers:
Generally…………………………………………………………………………………………………………………………… 115, 120
Labor……………………………………………………………………………………………………………………………………….. 125
Mess supervision……………………………………………………………………………………………………………………….. 120
Prisoners' representatives ……………………………………………………………………………………………………………. 155
Quarters……………………………………………………………………………………………………………………………………. 173

Orders and regulations, posting………………………………………………………………………………………………………….. 117
Parcels by mail may be received ………………………………………………………………………………………………………… 148
Parole ……………………………………………………………………………………………………………………………………….185-187
Pay (see also this title—Finance).

Advance pay……………………………………………………………………………………………………………………………… 136
Labor, pay …………………………………………………………………………………………………………………………. 130, 138
Supplementary pay…………………………………………………………………………………………………………………….. 137

Penal and disciplinary sanctions. (see this title—Punishment.)
Personal property (see also this title—Clothing) …………………………………………………………………………….. 94, 217
Physical exercise. (see this title—Recreation.)
Posting of Geneva Conventions, regulations, etc ………………………………………………………………………………….. 117
Prisoners' representatives. (see this title—Representatives of prisoners.)
Protecting Powers:

Complaints ………………………………………………………………………………………………………………………… 154, 157
Correspondence………………………………………………………………………………………………………………….. 147, 151
Notification as to:

Death penalty ………………………………………………………………………………………………………………. 176, 177
Judicial proceedings……………………………………………………………………………………………………… 180, 181
Killed or injured prisoners ……………………………………………………………………………………………………. 202
Labor…………………………………………………………………………………………………………………………………. 132
Measures taken concerning prisoners …………………………………………………………………………………….. 145

Recapture ……………………………………………………………………………………………………………………………170
Supervision of camps ………………………………………………………………………………………………………………….207
Visitation of camps……………………………………………………………………………………………………………………..207

Protection:
Commencement and termination…………………………………………………………………………………………………….84
Generally ………………………………………………………………………………………………………………………………..84-92
Hazards of war …………………………………………………………………………………………………………………………….99
Interim ………………………………………………………………………………………………………………………………………..71

Punishment ………………………………………………………………………………………………………………………………..158-184
Acts committed prior to capture……………………………………………………………………………………………………161
Appeal, right………………………………………………………………………………………………………………………………182
Coercion ……………………………………………………………………………………………………………………………………175
Collective punishment forbidden ………………………………………………………………………………………………….163
Confinement ………………………………………………………………………………………………………………………………173
Courts ………………………………………………………………………………………………………………………………..160, 178
Death penalty………………………………………………………………………………………………………………. 176, 177, 183
Defense, right ……………………………………………………………………………………………………………………..172, 181
Disciplinary punishment (see also this title—Discipline) ……………………………………..115-118, 165, 166, 172
Duration…………………………………………………………………………………………………………………………………….166
Escape ………………………………………………………………………………………………………………….167-170, 538, 543
Ex post facto laws prohibited ……………………………………………………………………………………………………….175
Execution of penalties ………………………………………………………………………………………………………….164, 173
Forms………………………………………………………………………………………………………………………………………..165
General principles …………………………………………………………………………………………………………163-165, 175
Leniency ……………………………………………………………………………………………………………………………………159
Notice:

Proceeding for ……………………………………………………………………………………………………………………..180

Results………………………………………………………………………………………………………………………………..183
Place …………………………………………………………………………………………………………………………………………173
Repatriation or accommodation in neutral country ………………………………………………………………………….194
Repetitive punishment prohibited………………………………………………………………………………………………….162
Rights during ………………………………………………………………………………………………………………………174, 184
Safeguards …………………………………………………………………………………………………………………………………174
Sentence, validity …………………………………………………………………………………………………………………………….

Quarters ……………………………………………………………………………………………………………………………………101, 105
Questioning ……………………………………………………………………………………………………………………………………….93
Rank:

Notification to parties to conflict…………………………………………………………………………………………………..119

Recognition …………………………………………………………………………………………………………..115, 119-121, 174
Rations (see this title—Food.)
Recapture……………………………………………………………………………………………………………………………167-170, 185
Recreation………………………………………………………………………………………………………………………………………..114
Red Cross (See Red Cross.)
Release ……………………………………………………………………………………………………………………………………..185-200
Relief, shipments ………………………………………………………………………………………………………………………..148-151

Exemption from postal and transportation charges ………………………………………………………………………….150

Transportation, special ………………………………………………………………………………………………………………..151
Relief societies (See Aid Societies; Red Cross.)
Religious freedoms……………………………………………………………………………………………………………………..110-113
Religious ministers ………………………………………………………………………………………………………………..67, 111-113
Renunciation of rights prohibited ………………………………………………………………………………………………………….87
Repatriation (see also Exchange of prisoners; Release of prisoners):

Activity of repatriated prisoners……………………………………………………………………………………………………196
Armistice to include provisions…………………………………………………………………………………………………….487
Asylums permitted ……………………………………………………………………………………………………………………..199
Costs………………………………………………………………………………………………………………………………….195, 198
Exchanges …………………………………………………………………………………………………………………………………197
Hostilities, end………………………………………………………………………………………………………………………………….198

Injured prisoners ……………………………………………………………………………………………………………………….. 193
Mixed medical commissions, examinations…………………………………………………………………………………… 192
Prisoners serving sentences…………………………………………………………………………………………………………. 194
Procedures………………………………………………………………………………………………………………………………… 200
Wound and sick…………………………………………………………………………………………………………….. 66, 188, 189
Reports …………………………………………………………………………………………………………………………………….. 154
Representatives of prisoners ………………………………………………………………………………………………….154-157
Duties………………………………………………………………………………………………………………………………… 155

Prerogatives ……………………………………………………………………………………………………………………….. 157
Reprisals prohibited …………………………………………………………………………………………………………………….. 89
Retained personnel…………………………………………………………………………………………………… 67, 68, 230, 232
Rights protected (see this title—Treatment)
Screening camps ……………………………………………………………………………………………………………………….. 100
Security measures ……………………………………………………………………………………………………………………….. 99
Segregation ………………………………………………………………………………………………………………………………… 92
Sick and wounded (see this title—Wounded and sick)
Special agreements concerning ……………………………………………………………………………………………………… 86
Spies. (See Espionage, Sabotage, and Treason.)
Summary execution forbidden ………………………………………………………………………………………………………. 99
Supervision by protecting powers (see this title—Protecting powers).
Transactions with enemy prohibited ………………………………………………………………………………………………. 94
Transfers …………………………………………………………………………………………………………………………….122-124

Circumstances precluding…………………………………………………………………………………………………….. 123
Conditions………………………………………………………………………………………………………………………….. 122
Procedure …………………………………………………………………………………………………………………………… 124

Transit camps ……………………………………………………………………………………………………………………………. 100
Treatment:
General rights……………………………………………………………………………………………………………………84-92

Non-renunciation ……………………………………………………………………………………………………………. 87
Equality of treatment……………………………………………………………………………………………………………… 92
Officers ……………………………………………………………………………………………………………………………… 120
Non-officers ……………………………………………………………………………………………………………………….. 121
Responsibility ………………………………………………………………………………………………………………………. 88

Trial: (see this title—Judicial proceedings; Punishment.)
Uniform, necessity for recognition as belligerent …………………………………………………………………………………… 74
Violence and intimidation prohibited……………………………………………………………………………………………………. 89
Visitation and Supervision of camps by protecting powers (see this title—Protecting

Powers.)
Voluntary aid societies for (See Aid Societies.)
Volunteer corps ………………………………………………………………………………………………………………………. 61, 64, 74
Weapons to be used against prisoners of war……………………………………………………………………………………….. 118
Wills……………………………………………………………………………………………………………………………………….. 153, 201
Women as prisoners of war, special mention:

Protection generally …………………………………………………………………………………………………. 90, 92, 125, 184
Punishments ………………………………………………………………………………………………………………… 164, 173 184
Quarters………………………………………………………………………………………………………………. 101, 106, 173, 184

Work (See Labor.)

Wounded and sick:
Evacuation………………………………………………………………………………………………………………………………….. 95
Medical examination……………………………………………………………………………………… 107, 108, 131, 191, 192
Neutral countries, accommodation……………………………………………………………………………………………….. 188
Protection ………………………………………………………………………………………………………………………….. 211, 217

Repatriation……………………………………………………………………………………………………………….. 188, 189, 193, 195
Sentenced prisoners……………………………………………………………………………………………………………………. 194
Specialagreement withrespect to…………………………………………………………………………………………… 86, 212
Status as prisoners……………………………………………………………………………………………………………………….. 66
Transfers ………………………………………………………………………………………………………………………………….. 123

Prisoner of War Information Bureau…………………………………………………………………………………………………………. 203

Prohibited Acts (see also Weapons)
Assassination and outlawry ………………………………………………………………………………………………………………….31
Bombardment of undefended places ………………………………………………………………………………………………..39, 40
Civilians, certain acts towards ………………………………………………………………………………………………………271-273
Commencing hostilities without declaration of war …………………………………………………………………………………20
Compelling enemy to participate in hostilities against own Country ………………………………………………………….32
Confiscation of enemy property (see Property)
Destruction of:
Historical and educational institution………………………………………………………………………………………………57
Property ………………………………………………………………………………………………………………………………………58
Submarine cables (see this title–Submarine cables………………………………………………………………………….411
Devastation (see also this title—Destruction) ……………………………………………………………………………………41, 56
Flags and insignia, improper use of (see also Red Cross) …………………………………………………………………….52-55
Geneva Convention emblem, improper use…………………………………………………………………………………………….55
Germ Warfare……………………………………………………………………………………………………………………………….37, 38
Guides, impressment …………………………………………………………………………………………………………………………270
Hostages, taking ……………………………………………………………………………………………………………………………….273
Injury of enemy after surrender or by prohibited means ……………………………………………………………………..29, 33
Ill-treatment of peaceful populations……………………………………………………………………………………………………..11
Paratrooper, firing on…………………………………………………………………………………………………………………………..30
Perfidy (see this title—Treachery)
Pillage of civilians prohibited……………………………………………………………………………………………………………..272
Poison (see Weapons.)
Prisoner of war:
Discriminating treatment……………………………………………………………………………………………………………….92
Inhuman treatment………………………………………………………………………………………………………………………..89
Killing or wounding ……………………………………………………………………………………………………………………..85
Status, non-renunciation………………………………………………………………………………………………………………..87
Punishment, collective punishment forbidden………………………………………………………………………… 163, 272, 448
Quarters, refusal …………………………………………………………………………………………………………………………………28
Red Cross emblems, improper use (see Red Cross)
Reprisal……………………………………………………………………………………………………………………………………………214
Revengeful acts ………………………………………………………………………………………………………………………………..497
Safeguard violations ………………………………………………………………………………………………………………………….457
Submarine cables, destruction of…………………………………………………………………………………………………………411
Surrender personnel, killing or wounding ………………………………………………………………………………………………29
Torture and other inhuman treatment …………………………………………………………………………………………………….85
Treachery or perfidy……………………………………………………………………………………………………………………………50
War crimes, acts included (see War crimes.)
Weapons, certain weapons prohibited (see Weapons.)
Wounded and sick, ill treatment …………………………………………………………………………………………………..216, 502

Property:
Bombardment (see Bombardment.)
Booty or war………………………………………………………………………………………………………………………………………59
Captured …………………………………………………………………………………………………………………………….. 59, 395. 396
Charitable ……………………………………………………………………………………………………………………….. 48, 46, 57, 405
Combat, treatment during………………………………………………………………………………………………………………..56-59
Confiscation or seizure (see also this title—Requisition;
Pillage) ……………………………………………………………………………………………. 58, 393, 395, 396, 406, 409, 410
Control by occupying power ………………………………………………………………………………………………………………399
Cultural…………………………………………………………………………………………………………………………… 45, 46, 57, 405
Destruction or Devastation ………………………………………………………………………………………… 56, 58, 393, 410,476
Expropriation……………………………………………………………………………………………………………………………………431
Internees, property…………………………………………………………………………………………………………………………….321
Military……………………………………………………………………………………………………………………………………..401,404
Municipal ………………………………………………………………………………………………………………………………………..405
Pillage, prohibited ……………………………………………………………………………………………………………….. 47, 272, 397
Prisoner of war, property………………………………………………………………………………………………………………..59, 94

Private gain by soldiers …………………………………………………………………………………………………………………….. 398

Private property:
Confiscation prohibited………………………………………………………………………………………………………………. 406
Destruction………………………………………………………………………………………………………………………… 393, 410
Distinguished from public…………………………………………………………………………………………………………… 394
Immovable requisition or seizure…………………………………………………………………………………………………. 407
Military use ……………………………………………………………………………………………………………………….. 408, 410
Movable ……………………………………………………………………………………………………………………………..408-410
Prohibited acts with regard to (see also Prohibited acts) …………………………………………………………………. 406
Realty ………………………………………………………………………………………………………………………………………. 407
Seizure ……………………………………………………………………………………………………………………………….408-410

Public property:
Administration by Occupying Power ……………………………………………………………………………………………. 400
Disposition by Occupying Power…………………………………………………………………………………………………. 402
Distinguished from private property …………………………………………………………………………………………….. 394
Military use ……………………………………………………………………………………………………………………….. 401, 404
Movable ……………………………………………………………………………………………………………………………. 403, 404
Preservation………………………………………………………………………………………………………………………………. 400

State property …………………………………………………………………………………………………………………………….400-404
Railway equipment (See Railway equipment.)
Religious, charitable, cultural, etc………………………………………………………………………………………. 45, 46, 57, 405
Requisitions………………………………………………………………………………………………………………………..407, 412-417
Security measures…………………………………………………………………………………………………………………………….. 399
Seizure (see this title—Confiscation.)
State property (see this title—Public property.)
Submarine cables …………………………………………………………………………………………………………………………….. 411
Surrender, disposition of property……………………………………………………………………………………………….. 475, 476
Undefended buildings, bombardment …………………………………………………………………………………………………… 39

Protected persons: (See also Aliens; Civilians; Internees) ………………………………………………………………………246-350
Coercion prohibited………………………………………………………………………………………………………………………….. 270
Collective penalties prohibited…………………………………………………………………………………………………………… 272
Definition ……………………………………………………………………………………………………………………………………….. 247
Derogations permitted ………………………………………………………………………………………………………………………. 248
Neutrals ………………………………………………………………………………………………………………………………………….. 247
Reestablishment ………………………………………………………………………………………………………………………………. 249
Rights, non-renunciation …………………………………………………………………………………………………………………… 251
Special agreements…………………………………………………………………………………………………………………………… 250
Treatment, responsibilities ………………………………………………………………………………………………………………… 268
Protecting Powers, application to and visits by………………………………………………………………………. 269, 350, 446

Protecting Powers…………………………………………………………………………………………………………………………………15-19
Arbitration and conciliation procedures ………………………………………………………………………………………………… 19
Complaints from:
Internees…………………………………………………………………………………………………………………………………… 308
Prisoners of war …………………………………………………………………………………………………………………. 154, 157
Defined…………………………………………………………………………………………………………………………………………15-19
Failure to function, remedies……………………………………………………………………………………………………………….. 18
Functions………………………………………………………………………………………………………………………………………15-19
Generally………………………………………………………………………………………………………………………………………….. 16
International Red Cross Committees, no obstacle to functioning ……………………………………………………………… 17
Notification with respect to:

Internees…………………………………………………………………………………………………………………….. 312, 336, 338
Prisoners of war ……………………………………………………………………………………… 145, 157, 176-177, 180, 181
Protected persons ………………………………………………………………………………………….. 183, 202, 382, 441, 445
Substitutes for …………………………………………………………………………………………………………………………………… 18
Supervision of prisoners of war …………………………………………………………………………………………………………. 207
Trials, representatives at…………………………………………………………………………………………………………….. 181, 444
Visitations by …………………………………………………………………………………………………………………………… 207, 446
Provost courts, jurisdiction………………………………………………………………………………………………………………………… 13

Punishment of:
Inhabitants of occupied territory. (See Occupied territory.)
Prisoners of war. (See Prisoners of war.)
Spies. (See under Espionage, Sabotage, and Treason.)
War criminals. (See War crimes.)
Purpose of manual ………………………………………………………………………………………………………………………………………1
Quarters. (See also Internees; Prisoners of war.)
Refusal………………………………………………………………………………………………………………………………………………28
Radios:
In neutral territory ………………………………………………………………………………………………………………………528-531
In occupied territory ………………………………………………………………………………………………………………………….377
Railway equipment:
Neutrality rules …………………………………………………………………………………………………………………………………552
Rank (See Prisoners of war see also Officers)
Recapture (See Prisoners of war.)
Recruitment:
Neutral territory………………………………………………………………………………………………………………………………..522
Occupied territory……………………………………………………………………………………………………………………………..418
Red Crescent (see also Red Cross–emblem)………………………………………………………………………………………..238, 264
Red Cross (see also Aid Societies; Medical personnel; Medical units.)
American National Red Cross …………………………………………………………………………………………………………….228
Emblem …………………………………………………………………………………………………………………………………….238-245
Auxiliary personnel, use………………………………………………………………………………………………………………241
Form …………………………………………………………………………………………………………………………………………238
Hospitals and other medical unite and establishments; marking …………………………………………. 242, 257, 266
Improper use, prohibited ………………………………………………………………………………………………… 55, 244, 245
Medical personnel, use…………………………………………………………………………………………………………240, 259
Peacetime use ……………………………………………………………………………………………………………………..244, 245
Religious personnel, use………………………………………………………………………………………………………………240
Transports, land, sea, and air…………………………………………………………………………………………………260, 261
United States reservations to 1949 Geneva Convention……………………………………………………………………245
Family news, facilitation ……………………………………………………………………………………………………………..264
International Committee of Red Cross activities…………………………………………………………….17-19, 148, 149
Hospital Zones, good offices for Establishment…………………………………………………………. 204, 224, 253
Prisoners' representatives, right to consult with …………………………………………………………………155, 157
Purpose………………………………………………………………………………………………………………………..204, 347
Relief Shipments of Central Agency (see Relief shipments.) ………………………………………………204, 347
Special status to be given recognition ………………………………………………………………………………206,349
Substitute for Protecting Power (see also Protecting Powers) ………………………………………………………18
Visits, with respect to:
Prisoners of war ……………………………………………………………………………………………………..206, 207
Protected persons ……………………………………………………………………………………………………350, 446
National Red Cross societies, status of personnel ……………………………………………………………………………………69
Prisoners of war status of medical personnel…………………………………………………………………………………………..69
Protected Persons, right to complain ……………………………………………………………………………………………………269
Relief activities……………………………………………………………………….. 148, 149, 151, 315, 311, 318, 388, 390, 392
Red Lion and Sun (see also Red Cross—emblem)………………………………………………………………………………..238, 264
Red Shield of David (see also Red Cross—emblem) …………………………………………………………………………….238,264
Refugees ………………………………………………………………………………………………………………………………………………..283
Relief shipments (see also Civilians; Internees) …………………………………………………………………………….. 148-151-315
Relief Societies (See Aid Societies; Red Cross.)
Religion:
Religious activities and freedoms (see under Aliens; Civilians; Internees;
Prisoners of war; and Occupied territory.)
Religious buildings, protection…………………………………………………………………………………………………..45-47,405
Religious personnel (see also Chaplains.)
Capture, retention or return by an enemy ………………………………………………………………………….111, 230-232
Emblem of protection………………………………………………………………………………………………………………….240

Security measures with respect to ………………………………………………………………………………………………… 231
Remedies Available for Violation of International Law …………………………………………………………………………495-511
Repatriation (See Occupied territory; Prisoners of war, Wounded and sick.)
Representatives of:

Belligerents (See Parlementaires.)
Internees (See Internees.)
Neutral states (See Neutral Powers-diplomatic agents.)
Prisoners of war (See Prisoner of war.)
Red Cross (See Red Cross.)

Reprisals………………………………………………………………………………………………………………………………………… 495, 497

Requisitions (See occupied territory.)
Coercion, use of ………………………………………………………………………………………………………………………………. 417
Compensation………………………………………………………………………………………………………………………………….. 416
Enforcement ……………………………………………………………………………………………………………………………………. 417
Food and medical supplies …………………………………………………………………………………………………………..413-416
Hospitals……………………………………………………………………………………………………………………………………414-416
Labor and other services ……………………………………………………………………………………………………………..418-424
Method ofrequisitioning……………………………………………………………………………………………………………. 412,415
Property………………………………………………………………………………………………………………………………………….. 412

Reservations to 1949 Geneva Convention………………………………………………………………………………………………….. 245
Retained Personnel, medical and spiritual religious Personnel ……………………………………………………..67, 68, 230-232
Retaliation (See Reprisals.)
Revengeful acts prohibited………………………………………………………………………………………………………………………. 497
Rewards for captured or killed enemy…………………………………………………………………………………………………………. 31
Rockets, use…………………………………………………………………………………………………………………………………………….. 34
Rules of War (See Laws of War.)
Ruses of war ………………………………………………………………………………………………………………………………………..50-55
Sabotage (see under Espionage, Sabotage, and Treason)
Safe-conducts (see also Passports, military) …………………………………………………………………………………………454-456

Distinguished from passports ……………………………………………………………………………………………………….455-456
Safety Zones (see also Hospital zones; Neutralized zones) ………………………………………………………………………….. 253
Safeguards ……………………………………………………………………………………………………………………………………… 454, 457
Sanitation:

Internees …………………………………………………………………………………………………………………………………………. 292

Prisoner of war camps………………………………………………………………………………………………………………………. 106
Science, buildings devoted to, protection……………………………………………………………………………………………….. 45, 46
Security measures (See Aliens; Civilians; Occupied territory;

Prisoners of war; Property; Religion–religious personnel.)
Segregation (See Prisoners of war, see also Women)
Shipments to prisoners of war ………………………………………………………………………………………………………………….. 148

Relief shipments (see under Relief shipments)
Shipwrecked belligerents, detention by neutrals …………………………………………………………………………………………. 547
Sick and wounded (See Wounded and sick.)
Sieges (See Besieged places.)
Signs, to distinguish protected buildings, etc ………………………………………………………………………………………….. 45, 46
Sources of law …………………………………………………………………………………………………………………………………………… 4
Special agreements with respect to:

Civilians, protection …………………………………………………………………………………………………………………………. 250
Hospital and safety zones…………………………………………………………………………………………………………… 224, 253
Neutralized zones …………………………………………………………………………………………………………………………….. 254
Prisoners of war…………………………………………………………………………………………………………………………………. 86
Wounded and sick ……………………………………………………………………………………………………………………………. 212

Spies (See Espionage, Sabotage, and Treason.)
Stratagems-(see also Prohibited Acts)……………………………………………………………………………………………………..48-55
Subjugation, distinguished from occupation (see also Puppet governments) ………………………………………………….. 353
Submarine cables……………………………………………………………………………………………………………………………………. 411
Subordinates, responsibility for acts………………………………………………………………………………………………………….. 501
Summary executions (See Prisoners of war.)

Superior orders, no deference to war crimes ……………………………………………………………………………………………….509
Supplies, requisition (See Requisitions, above.)
Surrender (see also Capitulation; White flag) ………………………………………………………………………………………470, 478
Surrendered places…………………………………………………………………………………………………………………………………….41
Suspension of arms (see also Armistice) …………………………………………………………………………………………………….485
Taxes (see Occupied territory—taxes.)
Telegraph and telephone:

In neutral territory ………………………………………………………………………………………………………………………528-531

In occupied territory ………………………………………………………………………………………………………………………….377
Torture, forbidden (See Civilians; Prisoners of war.)
Transfers (See Internees; Prisoners of war and occupied territory.)
Transit Prisoner of War Camps (See Prisoners of war.)
Transportation:

In occupied territory ………………………………………………………………………………………………………………………….378

Wounded and sick ………………………………………………………………………………………………………………………260-261
Travel, occupied territory …………………………………………………………………………………………………………………..454-456
Treachery, forbidden ………………………………………………………………………………………………………………………….50, 493
Treason (See Espionage, Sabotage, and Treason)
Treaties, generally (see also Geneva Conventions, Hague Conventions)……………………………………………………..4, 5, 7
Trials (See Prisoners of war; Occupied territory; War crimes.)
Truce (See Armistice.)
Undefended places, attacks or bombardment ……………………………………………………………………………….. 39, 40, 45, 46
Uniform, necessity for status as belligerent…………………………………………………………………………………………………..74
Uniform of enemy:

Improper use………………………………………………………………………………………………………………………………………52

Proper use ………………………………………………………………………………………………………………………………………….54
United Nations………………………………………………………………………………………………………………………………………..513
United States Reservations to 1949 Geneva Conventions ……………………………………………………………………………..245
Universal Postal Conventions……………………………………………………………………………………………………………………150
Unwritten rules of land warfare…………………………………………………………………………………………………………4, 6-9, 11
Violations of the laws of war (see also War crimes.) ……………………………………………………………………………..495-497
Volunteer aid societies (See Aid Societies; see also Red Cross)
Volunteer corps of belligerents…………………………………………………………………………………………………………61, 64, 74
Volunteers to care for wounded and sick…………………………………………………………………………………………………….219
War:

Declaration ……………………………………………………………………………………………………………………. 9, 20, 21, 23, 24
Definition ……………………………………………………………………………………………………………………………………………8
Laws of (See Laws of war.)

War crimes………………………………………………………………………………………………………………………………..495, 498-511
Acts which constitute ………………………………………………………………………………………………….. 494, 499, 502, 504
Armistice, violation …………………………………………………………………………………………………………………………..494
Attempts ………………………………………………………………………………………………………………………………………….500
Collective punishment (see this title—Punishment.)
Complicity ……………………………………………………………………………………………………………………………………….500
Conspiracy……………………………………………………………………………………………………………………………………….500
Death penalty (see this title—Punishment.)
Defenses ……………………………………………………………………………………………………………………………………509-511

Definition (see also this title—Acts which constitute.)…………………………………………………………………….499
Execution, Without trial, forbidden……………………………………………………………………………………………………..504
Geneva conventions, grave breaches…………………………………………………………………………………….. 502,503,506
Government officials ………………………………………………………………………………………………………………….501, 510
Hostages, taking of ……………………………………………………………………………………………………………………………502
Incitement ………………………………………………………………………………………………………………………………………..500
Individual responsibility…………………………………………………………………………………………………………………….498
International law, violations ……………………………………………………………………………………………………………….498
Jurisdiction …………………………………………………………………………………………………………………………. 13, 505, 507
Laws applicable …………………………………………………………………………………………………………………………505, 507
Mitigation because ofsuperior orders ………………………………………………………………………………………………….509

National law no defense ……………………………………………………………………………………………………………………. 511
Officials of the government………………………………………………………………………………………………………… 501, 510
Orders of superiors…………………………………………………………………………………………………………………………… 509
Prisoners of war, liability …………………………………………………………………………………………………………… 161, 163
Punishment:

Amount ……………………………………………………………………………………………………………………………………. 508
Collective punishment prohibited ………………………………………………………………………………………………… 508
Corporal punishment prohibited ………………………………………………………………………………………………….. 508
Death penalty ……………………………………………………………………………………………………………………………. 508
Responsibilities …………………………………………………………………………………………………………………………. 506
Remedial action other than punishment ………………………………………………………………………………………………. 495
Subordinates, responsibility for acts …………………………………………………………………………………………………… 501
Superior officers, responsibility for acts of subordinates ……………………………………………………………………….. 501
Superior orders………………………………………………………………………………………………………………………………… 509
Suppression …………………………………………………………………………………………………………………………………….. 506
Trials ……………………………………………………………………………………………………………………………….. 163, 505, 507

War Criminals (See War crimes.)
Warfare (See Hostilities; Bacteriological warfare.)
War treason (See Espionage, sabotage, and treason).
Weapons:
Atomic……………………………………………………………………………………………………………………………………………… 35
Bullets, certain types prohibited…………………………………………………………………………………………………………… 34
Causing unnecessary injury, forbidden …………………………………………………………………………………………………. 34
Gases, chemicals and bacteriological warfare………………………………………………………………………………………… 38
Grenades, use authorized…………………………………………………………………………………………………………………….. 34
Medical units and personnel, authority to use ………………………………………………………………………………………. 223
Poisons …………………………………………………………………………………………………………………………………………….. 37
Prisoners of war, use against ……………………………………………………………………………………………………………… 118
Rockets…………………………………………………………………………………………………………………………………………….. 34
Suspension of arms ………………………………………………………………………………………………………………………….. 485
Use of fire…………………………………………………………………………………………………………………………………………. 36

White Flag, use of ……………………………………………………………………………………………………….. 53, 458, 460, 467, 504

Wills:
Internees ………………………………………………………………………………………………………………………………….. 320, 336
Prisoners of war……………………………………………………………………………………………………………………………….. 201

Women (see under Aliens; Internees; Prisoners of war and occupied territory).
Workers (See Internees-labor; Occupied territory; labor; Prisoners of war-labor).
Wounded and sick (see also Prisoners of war; Red Cross) ……………………………………………………………………..208-245
Abandoned, medical personnel to be left with ……………………………………………………………………………………… 215
American National Red Cross (see under Red Cross.)
Arm and ammunition ……………………………………………………………………………………………………………………….. 223
Bombardments and sieges, spared in ………………………………………………………………………… 45, 209, 220, 222-224
Captured, status as prisoners of war……………………………………………………………………………………………………. 208
Care and treatment …………………………………………………………………………………………………………….. 215, 216, 219
Casualties, search and removal ………………………………………………………………………………………………………….. 216
Civilians (See Civilians-wounded and sick.)
Coastal rescue craft ………………………………………………………………………………………………………………………….. 209
Convoys ……………………………………………………………………………………………………………………………………539-544
Death …………………………………………………………………………………………………………………………. 236-237, 260, 261
Defense (see this title–Protection) ………………………………………………………………………………………………. 217, 218
Detention in neutral territory………………………………………………………………………………………………….542-544
Emblems, use ………………………………………………………………………………………………………………………238-245
Evacuation………………………………………………………………………………………………………………………………… 256
Examination by medical commissions…………………………………………………………………………………… 191, 192
Exchange of wounded and sick……………………………………………………………………………………………………. 216
Geneva Conventions, execution of ………………………………………………………………………………………………. 214
Graves Registration Service………………………………………………………………………………………………………… 218

Hospitals (See Medical units.)

Hospital ships …………………………………………………………………………………………………………………………….209

Hospital zones ……………………………………………………………………………………………………………………………224

Humane treatment ……………………………………………………………………………………………………………….215, 216

Identification ……………………………………………………………………………………………………………………………..217

Ill-treatment……………………………………………………………………………………………………………………………….216

Information to be exchanged ………………………………………………………………………………………………………..217

Inhabitants may be asked to care for ……………………………………………………………………………………………..219

Internment in neutral state……………………………………………………………………………………………………………542

Medical personnel (See Medical personnel.)
Medical units (See Medical units.)

Money and personal effects………………………………………………………………………………………………………….217

Neutral territory:
Accommodation ……………………………………………………………………………………………………. 188, 189, 546
Detention………………………………………………………………………………………………………………………542-544
Entrance into, rules governing ………………………………………………………………………………… 539, 541, 544
Internment …………………………………………………………………………………………………………………………..542
Neutral ports of entry ……………………………………………………………………………………………………………544
Passage through……………………………………………………………………………………………………………..539-542

Neutral Powers, duties toward (see also this title Neutral territory.)……………………………………………210, 541
Neutral ships, transportation on ……………………………………………………………………………………………..544
Personal effects ……………………………………………………………………………………………………………………217
Prisoners of War (See Prisoners of war-wounded and sick.)
Protected persons …………………………………………………………………………………………………………………208
Protection …………………………………………………………………………………………………………………….211, 215
Records regarding Red Cross (See Red Cross.) ………………………………………………………………………..217
Repatriation…………………………………………………………………………………………………… 188, 189, 193, 195
Reprisals prohibited ……………………………………………………………………………………………………………..213
Rescue craft…………………………………………………………………………………………………………………………209
Rights, non-renunciation ……………………………………………………………………………………………………….213
Robbery and ill-treatment, Protection from……………………………………………………………………….215, 216
Shipwrecked or at sea……………………………………………………………………………………………………………209
Special agreements with respect to …………………………………………………………………………………………212
Transfers……………………………………………………………………………………………………………………………..123
Transportation, vehicles used…………………………………………………………………………………………..236-237
Voluntary care may be requested ……………………………………………………………………………………………219
Weapons taken from …………………………………………………………………………………………………………….223

Department of Defense
DIRECTIVE

Department of Defense logo
NUMBER 2311.01E May 9, 2006

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SUBJECT: DoD Law of War Program References:
(a)
DoD Directive 5100.77, "DoD Law of War Program," December 9, 1998 (hereby canceled)

(b)
DoD Directive 5101.1, “DoD Executive Agent,” September 3, 2002

(c)
Articles 1, 47, 50, Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949

(d)
Articles 1, 48, 51, Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea, August 12, 1949

(e) through (r), see Enclosure 1

1. REISSUANCE AND PURPOSE This Directive:
1.1. Reissues Reference (a) to update the policies and responsibilities ensuring DoD compliance with the law of war obligations of the United States.
1.2.
Clarifies the responsibilities of the Secretary of the Army as the DoD Executive Agent for Investigation and Reporting of Reportable Incidents against U.S. personnel in accordance with Reference (b).

2.
APPLICABILITY AND SCOPE

This Directive applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter referred to collectively as the “DoD Components”).

3.
DEFINITIONS

3.1. Law of War. That part. of international law that regulates the conduct of armed hostilities. It is often called the “law of armed conflict.” The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.
3.2
Reportable Incident. A possible, suspected, or alleged violation of the law of war, for which there is credible information, or conduct during military operations other than war that would constitute a violation of the law of war if it occurred during an armed conflict.

4.
POLICY It is DoD policy that:

4.1. Members of the DoD Components comply with the law of war during all armed conflicts, however such conflicts are characterized, and in all other military operations.
4.2. The law of war obligations of the United States are observed and enforced by the DoD Components and DoD contractors assigned to or accompanying deployed Armed Forces.
4.3. An effective program to prevent violations of the law of war is implemented by the DoD Components.
4.4. All reportable incidents committed by or against U.S. personnel, enemy persons, or any other individual are reported promptly, investigated thoroughly, and, where appropriate, remedied by corrective action.
4.5.
All reportable incidents are reported through command channels for ultimate transmission to appropriate U.S. Agencies, allied governments, or other appropriate authorities. Once it has been determined that U.S. persons are not involved in a reportable incident, an additional U.S. investigation shall be continued only at the direction of the appropriate Combatant Commander. The on-scene commanders shall ensure that measures are taken to preserve evidence of reportable incidents pending transfer to U.S., allied, or other appropriate authorities.

5.
RESPONSIBILITIES

5.1. The General Counsel of the Department of Defense (GC, DoD) shall:
5.1.1. Exercise primary staff responsibility for the DoD Law of War Program.
5.1.2. Provide overall legal guidance in the Department of Defense on the Law of War Program, including review of policies developed under or relating to the program, coordination of special legislative proposals and other legal matters with other Federal Departments and Agencies, and resolution of disagreements on questions of law.
5.1.3. Supervise and assign a chair for the DoD Law of War Working Group, consisting of representatives, at the election by each of the GC, DoD; the General Counsel of each Military Department; the Counsel to the Commandant of the Marine Corps; the Judge Advocate General of each Military Department; the Staff Judge Advocate to the Commandant of the Marine Corps; and the Legal Counsel to the Chairman of the Joint Chiefs of Staff. The DoD Law of War Working Group shall develop and coordinate law of war initiatives and issues, manage other law of war matters as they arise, and provide advice to the General Counsel on legal matters covered by this Directive.
5.1.4. Coordinate and monitor the Military Departments' plans and policies for training and education in the law of war.
5.2. The Under Secretary of Defense for Policy (USD(P)) shall:
5.2.1. Provide overall development, coordination, approval, and promulgation of major DoD policies and plans, including:
5.2.1.1. Final coordination of such proposed policies and plans with the DoD Components and other Federal Departments and Agencies as necessary; and
5.2.1.2. Final coordination of DoD positions on international negotiations on the law of war and U.S. signature and ratification of law of war treaties.
5.2.2. Determine the significance of International Committee of the Red Cross reports and forward those actions of significance to the Secretary of Defense immediately.
5.3. The Under Secretary of Defense for Intelligence (USD(I)) shall direct the Director, Defense Intelligence Agency, to provide information to the Secretary of the Army and to the Commanders of the Combatant Commands, consistent with their respective obligations under paragraphs 5.9. and 5.11., concerning reportable incidents perpetrated against captured or detained U.S. persons, or committed by or against U.S. allies, or committed by or against other persons during a conflict to which the United States is not a party.
5.4. The Director, Defense Intelligence Agency, under the USD(I), shall:
5.4.1. Assist the USD(I) in performing responsibilities in paragraph 5.3.
5.4.2. Provide for the central collection of intelligence data concerning reportable incidents as outlined in paragraph 5.3.
5.5. The Assistant Secretary of Defense for Legislative Affairs (ASD(LA)) shall serve as the DoD liaison between the Department of Defense and Congress on all matters related to the Law of War Program and provide legislative affairs guidance, as appropriate, to the DoD Components.
5.6. The Assistant Secretary of Defense for Public Affairs (ASD(PA)) shall monitor the public affairs aspects of the DoD Law of War Program and provide public affairs guidance, as appropriate, to the DoD Components.
5.7. The Heads of the DoD Components shall:

5.7.1. Comply with the policies contained in this Directive.
5.7.2. Institute and implement effective programs to prevent violations of the law of war, including law of war training and dissemination, as required by Articles 47 and 50, Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 (Reference (c)); Articles 48 and 51, Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of the Armed Forces at Sea of August 12, 1949 (Reference (d)); Articles 127 and 130, Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 (Reference (e)); Articles 144 and 147, Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949 (Reference (f)); and Sections 801-940 of title 10, United States Code (U.S.C.), the Uniform Code of Military Justice (Reference (g)).
5.7.3. Make qualified legal advisers at all levels of command available to provide advice about law of war compliance during planning and execution of exercises and operations; and institute and implement programs to comply with the reporting requirements established in section 6.
5.7.4. Ensure that contract work statements for contractors comply with the policies contained in this Directive and DoD Instruction (DoDI) 3020.41 (Reference (h)), and require contractors to institute and implement effective programs to prevent violations of the law of war by their employees and subcontractors, including law of war training and dissemination, as required by References (e) and (f).
5.8. The Secretaries of the Military Departments shall develop internal policies and procedures consistent with this Directive in support of the DoD Law of War Program to:
5.8.1. Provide directives, publications, instructions, and training so the principles and rules of the law of war will be known to members of their respective Departments. Such knowledge will be commensurate with each individual's duties and responsibilities.
5.8.2. Implement programs in their respective Military Departments to prevent violations of the law of war.
5.8.3. In coordination with the Combatant Commanders, promptly report and investigate reportable incidents committed by or against members of their respective Military Departments, or persons accompanying them, in accordance with Directives issued under subparagraph 5.11.6 .
5.8.4. Where appropriate, provide for disposition, under Reference (g), of cases involving alleged violations of the law of war by members of their respective Military Departments who are subject to court-martial jurisdiction.
5.8.5. Provide for the central collection of reports and investigations of reportable incidents alleged to have been committed by or against members of their respective Military Departments, or persons accompanying them.
5.8.6. Forward all reports of reportable incidents against U.S. personnel to the Secretary of the Army in his or her capacity as the DoD Executive Agent under paragraph 5.9.
5.8.7. Forward all reports of reportable incidents involving U.S. civilians, contractors or subcontractors assigned to or accompanying the Armed Forces, or their dependents, through the Secretary of the Army to the GC, DoD, for review for prosecutory action under the criminal jurisdiction of the United States, pursuant to References (i) and (j).
5.9. The Secretary of the Army is redesignated as the Executive Agent pursuant to Reference (b) for reportable incidents committed against U.S. personnel and shall:
5.9.1. Act for the Secretary of Defense in developing and coordinating plans and policies for, and in supervising the execution of, the investigation of reportable incidents committed against U.S. personnel and, subject to DoD 8910.1-M (Reference (k)), and in the collection, recording, and reporting of information concerning reportable incidents related to enemy violations of the law of war. This authority is separate from and subject to the responsibilities assigned the Combatant Commanders in paragraphs 4.5. and 5.11. and the responsibilities assigned the Secretaries of the Military Departments in paragraph 5.7.
5.9.2. Communicate directly with the Heads of the DoD Components, as necessary to carry out assigned functions, including the transmission of requests for assistance. Communications to the Military Departments shall be transmitted through the Secretaries of the Military Departments or their designees, or as otherwise provided in law or directed by the Secretary of Defense in other issuances. Communications to the Commanders of the Combatant Commands, except in unusual circumstances, shall be transmitted through the Chairman of the Joint Chiefs of Staff.
5.9.3. Perform the Executive Agent functions and responsibilities therein consistent with 10 U.S.C. 163(a)(2) (Reference (l)) and this Directive.
5.10. The Chairman of the Joint Chiefs of Staff shall:

5.10.1. Provide appropriate guidance to the Commanders of the Combatant Commands, consistent with Reference (l). This guidance will include direction on the collection and investigation of reports of enemy violations of the law of war.
5.10.2. Designate a primary point of contact in his or her organization to administer activities under this Directive.
5.10.3. Review appropriate plans, policies, directives, and rules of engagement, as necessary, ensuring their consistency with the law of war obligations of the United States.
5.10.4. Ensure that plans, policies, directives, and rules of engagement issued by the Commanders of the Combatant Commands are consistent with this Directive and the law of war.
5.11. The Commanders of the Combatant Commands shall:
5.11.1. Institute programs within their respective commands to prevent violations of the law of war and ensure that their commands' plans, policies, directives, and rules of engagement are subject to periodic review and evaluation, particularly in light of any violations reported.
5.11.2. Implement guidance from the Chairman of the Joint Chiefs of Staff for the collection and investigation of reports of enemy violations of the law of war.
5.11.3. Provide for the central collection of reports and investigations of reportable incidents alleged to have been committed by or against members of their respective Combatant Commands, or persons accompanying them.
5.11.4. Ensure that all reports of reportable incidents are forwarded to the Secretary of the Army in his or her capacity as the DoD Executive Agent under paragraph 5.9.
5.11.5. Designate the command legal adviser to supervise the administration of those aspects of this program dealing with possible, suspected, or alleged enemy violations of the law of war.
5.11.6. In coordination with the Military Departments, issue directives to ensure that reportable incidents involving U.S. or enemy persons are reported promptly to appropriate authorities and are investigated thoroughly, and that the results of such investigations are promptly forwarded to the applicable Military Department or other appropriate authorities.
5.11.7. Determine the extent of investigation and manner in which a reportable incident not involving U.S. or enemy persons will be investigated by U.S. Forces and ensure such incidents are reported promptly to appropriate U.S. Agencies, allied governments, or other appropriate authorities.
5.11.8. Ensure all plans, policies, directives, and rules of engagement issued by the command and its subordinate commands and components are reviewed by legal advisers to ensure their consistency with this Directive and the law of war.
5.11.9.
Ensure that law of war training and dissemination programs of subordinate commands and components are consistent with this Directive and the law of war obligations of the United States.

6.
INFORMATION REQUIREMENTS

6.1. In the further implementation of this Directive, that part. of the law of war relating to legal reviews of the acquisition and procurement of weapons and weapon systems for the DoD Components is addressed in DoD Directive (DoDD) 5000.1 (Reference (m)), DoDD 3000.3 (Reference (n)), and in related guidance pertaining to Special Access Programs.
6.2. In the implementation of this Directive, DoDD 2310.01E (Reference (o)) and DoDD 3115.09 (Reference (p)) address the detention and interrogation of captured or detained personnel, and the minimum standards in the treatment of such detained personnel.
6.3. Reports of Incidents. All military and U.S. civilian employees, contractor personnel, and subcontractors assigned to or accompanying a DoD Component shall report reportable incidents through their chain of command. Contracts shall require contractor employees to report reportable incidents to the commander of the unit they are accompanying or the installation to which they are assigned, or to the Combatant Commander. Such reports may be made through other channels, such as the military police, a judge advocate, or an inspector general. Reports made to officials other than those specified in this paragraph shall, nonetheless, be accepted and immediately forwarded through the recipient's chain of command.
6.4. Initial Report. The commander of any unit that obtains information about a reportable incident shall immediately report the incident through the applicable operational command and Military Department. Reporting requirements are concurrent. The initial report shall be made through the most expeditious means available.
6.5. Higher authorities receiving an initial report shall:

6.5.1. Request a formal investigation by the cognizant military criminal investigative organization.
6.5.2. Submit a report of any reportable incident, by the most expeditious means available, through command channels, to the responsible Combatant Commander. Reports shall be provided to the DoD Component officials designated by the Heads of the DoD Components concerned.
6.5.3. Submit a report, in accordance with DoDI 5240.4 (Reference (q)), concerning any criminal case, regardless of the allegation, that has received, is expected to receive, or that, if disclosed, could reasonably be expected to receive significant media interest.
6.5.4. Submit a report, in accordance with DoDI 6055.7 (Reference (r)), concerning all incidents falling or suspected to fall within the definition of “friendly fire” that may overlap with a possible or suspected law of war violation.
6.6. The Combatant Commander shall report, by the most expeditious means available, all reportable incidents to the Chairman of the Joint Chiefs of Staff, the Secretary of Defense, and the Secretary of the Army, in his or her role as the DoD Executive Agent under paragraph 5.9.
6.7. DoD Notifications. Notifications of a reportable incident shall be forwarded to the Chairman of the Joint Chiefs of Staff; GC, DoD; ASD(PA); USD(P); USD(I); ASD(LA); and the Inspector General of the Department of Defense, who will inform their counterparts in any Military Department concerned by the most expeditious means available.
6.8.
Information Requirements. The Event/Incident Reports referred to in this Directive and further described in Reference (r) are exempt from licensing in accordance with subparagraph 5.4.2. of Reference (k).

7.
EFFECTIVE DATE
This Directive is effective immediately.

/ signed / 6 May 2006
Gordon England
Enclosures -1
E1. References, continued REFERENCES, continued
(e)
Articles 1, 127, 130, Geneva Convention Relative to the Treatment of Prisoners of War, August 12, 1949

(f)
Articles 1, 144, 147, Geneva Convention Relative to the Protection of Civilian Persons in Time of War, August 12, 1949

(g)
Sections 801-940 of title 10, United States Code

(h)
DoD Instruction 3020.41, “Contractor Personnel Authorized to Accompany the U.S. Armed Forces,” October 3, 2005

(i)
Section 3261 of title 18, United States Code

(j) Section 2441 of title 18, United States Code

(k) DoD 8910.1-M, "Department of Defense Procedures for Management of Information Requirements," June 1998, authorized by DoD Directive 8910.1, June 11, 1993
(l) Section 163(a)(2) of title 10, United States Code

(m) DoD Directive 5000.1, “The Defense Acquisition System,” May 12, 2003
(n) DoD Directive 3000.3, “Policy for Non-Lethal Weapons,” July 9, 1996
(o) DoD Directive 2310.01E “The Department of Defense Detainee Program” (draft) upon publication
(p) DoD Directive 3115.09, “DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning,” November 3, 2005
(q) DoD Instruction 5240.4, “Reporting of Counterintelligence and Criminal Violations,” September 22, 1992
(r) DoD Instruction 6055.7, “Accident Investigation Reporting and Record Keeping,” October 3, 2000
Department of Defense
DIRECTIVE

Department of Defense logo
NUMBER 2310.01E September 5, 2006

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References:
(a) DoD Directive 2310.01, “DoD Program for Enemy Prisoners of War (EPOW) and Other Detainees,” August 18, 1994 (hereby canceled)
(b)
DoD Directive 5101.1, “DoD Executive Agent,” September 3, 2002

(d)
DoD Directive 2311.01E, “DoD Law of War Program,” May 9, 2006

(e)
through (k), see Enclosure 1

1. REISSUANCE AND PURPOSE This Directive:
1.1. Reissues Reference (a) to revise policy and responsibilities within the Department of Defense (DoD) for a Detainee Program to ensure compliance with the laws of the United States, the law of war, including the Geneva Conventions of 1949, and all applicable policies, directives, or other issuances, consistent with References (d) through (k).
1.2. Re-designates, according to Reference (b), the Secretary of the Army as the DoD Executive Agent for the Administration of Department of Defense Detainee Operations Policy.
1.3.
Supersedes Reference (c) and establishes the responsibilities of the Under Secretary of Defense for Policy (USD(P)) as the lead proponent in developing, coordinating, and implementing policies and guidance pertaining to detainee operations.

2.
APPLICABILITY

2.1. This Directive applies to:

2.1.1. The Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities in the Department of Defense (hereafter collectively referred to as the “DoD Components”).
2.1.2. DoD contractors assigned to or supporting the DoD Components engaged in, conducting, participating in, or supporting detainee operations.
2.1.3. Non-DoD personnel as a condition of permitting access to internment facilities or to detainees under DoD control.
2.1.4. All detainee operations conducted by DoD personnel (military and civilian), contractor employees under DoD cognizance, and DoD contractors supporting detainee operations.
2.2.
This Directive applies during all armed conflicts, however such conflicts are characterized, and in all other military operations.

3.
DEFINITIONS

Terms used in this Directive are defined, and are to be interpreted, in accordance with U.S. law and the law of war. Specific terms found in this directive are provided in Enclosure 2.
4. POLICY
It is DoD policy that:

4.1. All detainees shall be treated humanely and in accordance with U.S. law, the law of war, and applicable U.S. policy.
4.2. All persons subject to this Directive shall observe the requirements of the law of war, and shall apply, without regard to a detainee’s legal status, at a minimum the standards articulated in Common Article 3 to the Geneva Conventions of 1949 (References (g) through (j), full text of which is found in Enclosure 3), as construed and applied by U.S. law, and those found in Enclosure 4, in the treatment of all detainees, until their final release, transfer out of DoD control, or repatriation. Note that certain categories of detainees, such as enemy prisoners of war, enjoy protections under the law of war in addition to the minimum standards prescribed in Common Article 3 to References
(g) through (j).

4.3. Captured or detained persons will be removed as soon as practicable from the point of capture and transported to detainee collection points, holding areas, or other detention locations operated by the DoD Components.
4.4. Detainees and their property shall be accounted for and records maintained according to applicable law, regulation, policy, or other issuances.
4.4.1. Detainees shall be assigned an Internment Serial Number (ISN) as soon as possible after coming under DoD control, normally within 14 days of capture. DoD Components shall maintain full accountability for all detainees under DoD control.
4.4.2. Detainee records and reports shall be maintained, safeguarded, and provided to USD(P) and other DoD Components as appropriate.
4.5. No person subject to this Directive shall accept the transfer of a detainee from another U.S. Government Department or Agency, coalition forces, allied personnel, or other personnel not affiliated with the Department of Defense or the U.S. Government, except in accordance with applicable law, regulation, policy, and other issuances.
4.6. No detainee shall be released or transferred from the care, custody, or control of a DoD Component except in accordance with applicable law, regulation, policy, and other issuances.
4.7. Where doubt exists as to the status of a detainee, the detainee’s status shall be determined by a competent authority.
4.8. Detainees under DoD control who do not enjoy prisoner of war protections under the law of war shall have the basis for their detention reviewed periodically by a competent authority.
4.9. All persons subject to this Directive shall:

4.9.1. Receive instruction and complete training, commensurate with their duties, in the laws, regulations, policies, and other issuances applicable to detainee operations, prevention of violations of same, and the requirement to report alleged or suspected violations thereof that arise in the context of detainee operations.
4.9.2. Receive instruction and complete training in advance of conducting, participating in, or supporting detainee operations, and annually thereafter. Training requirements and certifications of completion shall be documented according to applicable law and policy.
4.10. All persons subject to this Directive shall report possible, suspected, or alleged violations of the law of war, and/or detention operations laws, regulations, or policy, for which there is credible information, or conduct, during military operations other than war, that would constitute a violation of law or policy if it occurred during an armed conflict, in accordance with References (d) and (k).
4.11.
The International Committee of the Red Cross (ICRC) shall be allowed to offer its services during an armed conflict, however characterized, to which the United States is a party.

5.
RESPONSIBILITIES

5.1. The USD(P) shall:

5.1.1. Review, ensure coordination of, and approve all implementing policies or guidance to the DoD Detainee Program, including all detainee matters involving interaction between the Department of Defense and other U.S. Government Departments or Agencies.
5.1.2. Review, ensure coordination of, and approve all implementing policy or guidance developed pursuant to this Directive by DoD Components. DoD Components will forward copies of such documents to USD(P) for review prior to issuance.
5.1.3. Serve as the principal DoD interlocutor with the ICRC and develop policy and procedures to ensure the proper and timely reporting of ICRC communications to appropriate DoD and U.S. Government officials.
5.2. The Under Secretary of Defense for Personnel and Readiness (USD(P&R)) shall:
5.2.1. Develop and oversee policy to ensure education and training programs satisfy DoD Component requirements in the areas of language, culture, customs, and related matters and to assure that persons subject to this directive have been provided requisite training, knowledge, and skills, necessary to perform detainee operations duties.
5.2.2. Ensure the Assistant Secretary of Defense for Health Affairs develops policies, procedures, and standards for medical program activities and issues DoD instructions consistent with this Directive for medical program activities required by the DoD Detainee Program.
5.2.3. Ensure the Assistant Secretary of Defense for Reserve Affairs develops policies, procedures, and standards for Reserve Components and issues DoD Instructions consistent with this Directive for National Guard and Reserve activities required for the DoD Detainee Program.
5.3. The Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)) shall:
5.3.1. Establish policies and procedures, in coordination with USD(P), the General Counsel, and the appropriate DoD Components, to ensure all DoD contracts pursuant to which contractor employees interact with detainees include a requirement that such contractor employees receive training regarding the international obligations and laws of the United States applicable to detention operations.
5.3.2. Ensure contractor employees accompanying DoD Components in conducting, participating in, or supporting detainee operations complete training and receive information on the law, regulations, and policies applicable to detention operations, and the requirements to report possible, suspected, or alleged violations that arise in the context of detention operations, in accordance with References (d) and (k).
5.4. The Under Secretary of Defense for Intelligence (USD(I)) shall:
5.4.1. Exercise primary responsibility for developing policy pertaining to DoD intelligence interrogations, detainee debriefings, and tactical questioning according to Reference (k).
5.4.2. Act as primary liaison between the Department of Defense and other agencies of the Intelligence Community on intelligence matters pertaining to detainees.
5.5. The General Counsel of the Department of Defense shall coordinate with the Department of Justice and other agencies regarding detainee-related litigation matters and on matters pertaining to detainees who may be U.S. citizens, dual-nationals with U.S. citizenship, or U.S. resident aliens, as appropriate.
5.6. The Heads of the DoD Components shall ensure that all personnel are properly trained and certified in detainee operations commensurate with their duties, maintaining records of such training and certification.
5.7. The Secretary of the Army is hereby designated as the Executive Agent for the Administration of Department of Defense Detainee Operations Policy and in that role shall:
5.7.1. Ensure all Executive Agent responsibilities and functions for the administration of DoD detainee operations policy are assigned and executed according to Reference (b) and this Directive.
5.7.2. Develop and promulgate guidance, regulations, and instructions necessary for the DoD-wide implementation of detainee operations policy in coordination with USD(P).
5.7.3. Communicate directly with the Heads of the DoD Components as necessary to carry out assigned functions. The Chairman of the Joint Chiefs of Staff shall be informed of communications to the Commanders of the Combatant Commands.
5.7.4. Designate a single point of contact within the Department of the Army for detainee operations policy, who shall also provide advice and assistance to USD(P).
5.7.5. Plan for and operate a national-level detainee reporting center and its elements (e.g., theater and lower levels) to account for detainees. Coordinate with USD(P) to provide reports on detainee operations to the Secretary of Defense and others as appropriate.
5.7.6. Recommend DoD-wide detainee operations-related planning and programming guidance to the USD(P), USD(AT&L), USD(I), USD(P&R), the Under Secretary of Defense (Comptroller), the Assistant Secretary of Defense for Networks and Information Integration, the Director of Program Analysis and Evaluation, and the Chairman of the Joint Chiefs of Staff. Provide information copies of such guidance to the Secretaries of the Military Departments.
5.7.7. Establish detainee operations training and certification standards, in coordination with the Secretaries of the Military Departments and the Joint Staff.
5.7.8. Develop programs to ensure all DoD detainee operations policy; doctrine; tactics, techniques, and procedures; and regulations or other issuances are subject to periodic review, evaluation, and inspection for effectiveness and compliance with this Directive.
5.8. The Chairman of the Joint Chiefs of Staff shall:

5.8.1. Provide appropriate oversight to the Commanders of the Combatant Commands to ensure their detainee operations policies and procedures are consistent with this Directive.
5.8.2. Designate a single point of contact within the Joint Staff for matters pertaining to the implementation of this Directive.
5.8.3. Ensure that operational exercises routinely test the capabilities of the DoD Components to conduct, participate in, and support detainee operations, consistent with this Directive.
5.9. The Commanders of the Combatant Commands shall:
5.9.1. Plan, execute, and oversee Combatant Command detainee operations in accordance with this Directive and implementing issuances.
5.9.2. Develop programs and issue appropriate guidance and orders implementing this Directive. All such programs and guidance shall be subjected to periodic review and evaluation for compliance and efficacy.
5.9.3. When detainee internment facilities, holding areas, collection points, or interrogation facilities are in their area of responsibility:
5.9.3.1. Ensure procedures are established for the treatment of detainees consistent with this Directive.
5.9.3.2. Ensure detainees are provided with information, in their own language, concerning the rights, duties, and obligations of their detention, which may include applicable provisions of the Geneva Conventions.
5.9.3.3.
Ensure periodic unannounced and announced inspections of internment facilities, including temporary holding areas and collection points, are conducted to provide continued oversight of detainee operations.

6.
EFFECTIVE DATE
This Directive is effective immediately.

/ signed / Gordon England
Enclosures – 4 E1. References, continued E2. Definitions E3. Article 3 Common to the Geneva Conventions of 1949 E4. Detainee Treatment Policy

E1. ENCLOSURE 1
REFERENCES, continued

(e)
Sections 2340 & 2340A of Title 18, U.S. Code

(f)
The Detainee Treatment Act of 2005, Pub. L. No. 109-163 (119 STAT. 3474-3480), Section 1401-1406, Title XIV

(g)
Geneva Convention Relative to the Treatment of Prisoners of War, August 12, 1949

(h)
Geneva Convention Relative to the Treatment of Civilian Persons in Time of War, August 12, 1949

(i)
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, August 12, 1949

(j)
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, August 12, 1949

(k)
DoD Directive 3115.09, “DoD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning,” November 3, 2005

E2. ENCLOSURE 2
DEFINITIONS
E2.1. Detainee. Any person captured, detained, held, or otherwise under the control of DoD personnel (military, civilian, or contractor employee). It does not include persons being held primarily for law enforcement purposes, except where the United States is the occupying power. A detainee may also include the following categories:
E2.1.1. Enemy Combatant. In general, a person engaged in hostilities against the United States or its coalition partners during an armed conflict. The term “enemy combatant” includes both “lawful enemy combatants” and “unlawful enemy combatants.”
E2.1.1.1. Lawful Enemy Combatant. Lawful enemy combatants, who are entitled to protections under the Geneva Conventions, include members of the regular armed forces of a State party to the conflict; militia, volunteer corps, and organized resistance movements belonging to a State party to the conflict, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the laws of war; and members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power.
E2.1.1.2. Unlawful Enemy Combatant. Unlawful enemy combatants are persons not entitled to combatant immunity, who engage in acts against the United States or its coalition partners in violation of the laws and customs of war during an armed conflict. For purposes of the war on terrorism, the term Unlawful Enemy Combatant is defined to include, but is not limited to, an individual who is or was part. of or supporting Taliban or al Qaeda forces or associated forces that are engaged in hostilities against the United States or its coalition partners.
E2.1.2. Enemy Prisoner of War. Individuals under the custody and/or control of the Department of Defense according to Reference (g), Articles 4 and 5.
E2.1.3. Retained Person. Individuals under the custody and/or control of the Department of Defense according to Reference (g), Article 33.
E2.1.4. Civilian Internee. Individuals under the custody and/or control of the Department of Defense according to Reference (h), Article 4.
E2.2. Law of War. That part. of international law that regulates the conduct of armed hostilities and occupation. It is often called the “law of armed conflict” and encompasses all international law applicable to the conduct of hostilities that is binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party (e.g., the Geneva Conventions of 1949), and applicable customary international law.
E3. ENCLOSURE 3
ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS OF 1949

E3.1. The text of Common Article 3 to the Geneva Conventions of 1949 is as follows:
“In the case of armed conflict not of an international character occurring in the territory of one of the High
Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: “(1) Persons taking no active part. in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
“To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: “(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; “(b) taking of hostages;
“(c) outrages upon personal dignity, in particular humiliating and degrading treatment;
“(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a
regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by
civilized peoples.

“(2) The wounded and sick shall be collected and cared for.

“An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to
the Parties to the conflict.
“The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part.

of the other provisions of the present Convention.
“The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.”

E4. ENCLOSURE 4
DETAINEE TREATMENT POLICY
E4.1. In addition to the requirements in paragraph 4.2 and Enclosure 3, DoD policy relative to the minimum standards of treatment for all detainees in the control of DoD personnel (military, civilian, or contractor employee) is as follows:
E4.1.1. All persons captured, detained, interned, or otherwise in the control of DoD personnel during the course of military operations will be given humane care and treatment from the moment they fall into the hands of DoD personnel until release, transfer out of DoD control, or repatriation, including:
E4.1.1.1. Adequate food, drinking water, shelter, clothing, and medical treatment;
E4.1.1.2. Free exercise of religion, consistent with the requirements of detention;
E4.1.1.3. All detainees will be respected as human beings. They will be protected against threats or acts of violence including rape, forced prostitution, assault and theft, public curiosity, bodily injury, and reprisals. They will not be subjected to medical or scientific experiments. They will not be subjected to sensory deprivation. This list is not exclusive.
E4.1.2. All persons taken into the control of DoD personnel will be provided with the protections of Reference (g) until some other legal status is determined by competent authority.
E4.1.3. The punishment of detainees known to have, or suspected of having, committed serious offenses will be administered in accordance with due process of law and under legally constituted authority.
E4.1.4. The inhumane treatment of detainees is prohibited and is not justified by the stress of combat or deep provocation.
Army Regulation 190–8 OPNAVINST 3461.6 AFJI 31-304 MCO 3461.1
Military Police
Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees
Headquarters Departments of the Army, the Navy, the Air Force, and the Marine Corps Washington, DC 1 October 1997

Chapter 1
Introduction
1–1. Purpose
a.
This regulation provides policy, procedures, and responsibilities for the administration, treatment, employment, and compensation of enemy prisoners of war (EPW), retained personnel (RP), civilian internees (CI) and other detainees (OD) in the custody of U.S. Armed Forces. This regulation also establishes procedures for transfer of custody from the United States to another detaining power.

b.
This regulation implements international law, both customary and codified, relating to EPW, RP, CI, and ODs which includes those persons held during military operations other than war. The principal treaties relevant to this regulation are:

(1)
The 1949 Geneva Convention Relative to the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GWS).

(2)
The 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (GWS SEA).

(3) The 1949 Geneva Convention Relative to the Treatment of Prisoners of War (GPW).
(4) The 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War (GC), and in the event of conflicts or discrepancies between this regulation and the Geneva Conventions, the provisions of the Geneva Conventions take precedence.
1–2. References

Required and related publications and prescribed and referenced forms are listed in appendix A.
1–3.Explanation of abbreviations and terms

Abbreviations and special terms used in this regulation are explained in the glossary.
1–4.Responsibilities

a. The Secretaries of the Military Departments. The Secretaries will—
(1)
Develop internal policies and procedures consistent with this regulation in support of the Department of Defense (DOD), EPW/CI and other detainee programs.

(2)
Ensure that appropriate training, as required, pursuant to DOD Directive 5100.77 is provided so that the principles of the Geneva Conventions, and the rights and obligations thereunder, are known by members of their service.

(3)
Ensure that suspected or alleged violations of the international law of war are promptly reported and investigated per DOD Directive 5100.77.

(4)
Conduct a periodic review of the EPW, CI and RP Program and training to ensure compliance with the law of war.

b.
The Secretary of the Army (SA). The Secretary of the Army is the DOD Executive Agent (EA) for administering the DOD EPW, CI and RP Program. The SA, in coordination with the Assistant Secretary of Defense, International Security Affairs (ASD-ISA), will plan and develop the policy and coordinate the operation of the programs.

c.
The Army Deputy Chief of Staff for Operations and Plans (DCSOPS). DCSOPS has primary Headquarters, Department of the Army (HQDA) staff responsibility for the EPW, CI and RP programs. The DCSOPS will—

(1)
Develop and disseminate policy guidance for the treatment, care, accountability, legal status, and processing of EPW, CI, RP, and ODs.

(2)
Report suspected or alleged violations of law committed by or against military personnel or civilians.

(3)
Provide HQDA staff supervision for National Prisoner of War Information Center (NPWIC).

(4)
Develop plans for the initial assignment and replacement of block internment serial numbers (ISNs) from the NPWIC to the Branch PWIC and for the assignment of the theater code section of the ISN.

(5) Provide necessary reports, coordination, technical advice, and staff assistance to:
(a)
The Office of the Secretary of Defense (OSD).

(b)
The Joint Chiefs of Staff (JCS).

(d)
Unified commands.

(e)
Department of State and other Federal agencies.

(f)
The International Committee of the Red Cross (ICRC).

(g)
Protecting powers.

d.
The Army Judge Advocate General (TJAG). The TJAG will provide HQDA guidance and advice to commanders on the legal aspects of the EPW, CI and RP program. TJAG will—

(1)
Conduct liaison in coordination with the ASA-ISA, the Department of State, the Department of Justice, and other Federal agencies; the JCS; the Defense Intelligence Agency (DIA); the military departments; the ICRC; the Protecting Powers; and other detaining powers, as required.

(2)
Provide advice and assistance to commanders on legal aspects of reported violations by EPW, CI, RP, and ODs.

(3)
Provide theater guidelines for any EPW, CI and RP claims against the U.S. Government.

(4)
Provide guidance regarding GPW Article 5 Tribunals.

e.
Deputy Chief of Staff for Logistics (DCSLOG). The DCSLOG will ensure logistical resources are available to support EPW operations.

f.
The Assistant Secretary of the Army Financial Management (ASA-FM&C). The ASA-FM&C will establish the policies and procedures governing entitlement, control, and accounting for pay, allowances, and personal funds for EPW, CI, RP, and ODs per the provisions of the GPW and GC.

g.
Combatant Commanders, Task Force Commanders and Joint Task Force Commanders. Combatant Commanders, Task Force Commanders and Joint Task Force Commanders have the overall responsibility for the EPW, CI and RP program, operations, and contingency plans in the theater of operation involved to ensure compliance with international law of war. DOD Directive 2310.1 provides that persons captured or detained by the U.S. Military Services shall normally be handed over for safeguarding to U.S. Army Military Police, or to detainee collecting points or other holding facilities and installations operated by U.S. Army Military Police as soon as practical. U.S. Army Military Police have units specifically organized to perform the long-term functions associated with EPW/CI internment. Commanders must ensure the proper force structure is included in any joint operational plans. Commanders at all levels will ensure that all EPW, CI, RP, and ODs are accounted for and humanely treated, and that collection, evacuation, internment, transfers, release, and repatriation operations are conducted per this regulation. Combatant Commanders, Task Force Commanders and Joint Task Force Commanders will—

(1)
Provide for an EPW, CI and RP camp liaison and assistance program to ensure the protection of U.S. interests per the Geneva Conventions upon the capture and transfer of EPW, CI, RP, and ODs to a host or other nation.

(2)
Plan and procure logistical support to include: transportation, subsistence, personal, organizational and Nuclear, Biological & Chemical (NBC) clothing and equipment items, mail collection and distribution, laundry, and bath for EPW, CI and RP.

(3)
Collect and dispose of captured enemy supplies and equipment through theater logistics and Explosive Ordnance Disposal (EOD) channels.

(4)
Coordinate for acquisition of real estate, and as required, for planning, design, contracting, and construction of facilities for EPW, CI and RP with the Theater or JTF Engineer.

(5)
Establish guidance for the use, transport, and evacuation of EPW, CI, RP, and ODs in logistical support operations.

(6)
Identify requirements and allocations for Army Medical units in support of the EPW, CI and RP Program, and ensure that the medical annex of OPLANs, OPORDs and contingency plans includes procedures for treatment of EPW, CI, RP, and ODs. Medical support will specifically include:

(a)
First aid and all sanitary aspects of food service including provisions for potable water, pest management, and entomological support.

(b)
Preventive medicine.

(d)
Reviewing, recommending, and coordinating the use and assignment of medically trained EPW, CI, RP and OD personnel and medical material.

(e)
Establishing policy for medical repatriation of EPW, CI and RP and monitoring the actions of the Mixed Medical Commission.

h.
U. S. Army Criminal Investigation Command (USACIDC). USACIDC will provide criminal investigative support to EPW, CI and RP Camp Commanders per AR 195-2.

1–5. General protection policy
a. U.S. policy, relative to the treatment of EPW, CI and RP in the custody of the U.S. Armed Forces, is as follows:
(1)
All persons captured, detained, interned, or otherwise held in U.S. Armed Forces custody during the course of conflict will be given humanitarian care and treatment from the moment they fall into the hands of U.S. forces until final release or repatriation.

(2)
All persons taken into custody by U.S. forces will be provided with the protections of the GPW until some other legal status is determined by competent authority.

(3)
The punishment of EPW, CI and RP known to have, or suspected of having, committed serious offenses will be administered IAW due process of law and under legally constituted authority per the GPW, GC, the Uniform Code of Military Justice and the Manual for Courts Martial.

(4)
The inhumane treatment of EPW, CI, RP is prohibited and is not justified by the stress of combat or with deep provocation. Inhumane treatment is a serious and punishable violation under international law and the Uniform Code of Military Justice (UCMJ).

b.
All prisoners will receive humane treatment without regard to race, nationality, religion, political opinion, sex, or other criteria. The following acts are prohibited: murder, torture, corporal punishment, mutilation, the taking of hostages, sensory deprivation, collective punishments, execution without trial by proper authority, and all cruel and degrading treatment.

c.
All persons will be respected as human beings. They will be protected against all acts of violence to include rape, forced prostitution, assault and theft, insults, public curiosity, bodily injury, and reprisals of any kind. They will not be subjected to medical or scientific experiments. This list is not exclusive. EPW/RP are to be protected from all threats or acts of violence.

d.
Photographing, filming, and video taping of individual EPW, CI and RP for other than internal Internment Facility administration or intelligence/counterintelligence purposes is strictly prohibited. No group, wide area or aerial photographs of EPW, CI and RP or facilities will be taken unless approved by the senior Military Police officer in the Internment Facility commander’s chain of command.

e.
A neutral state or an international humanitarian organization, such as the ICRC, may be designated by the U.S. Government as a Protecting Power (PP) to monitor whether protected persons are receiving humane treatment as required by the Geneva Conventions. The text of the Geneva Convention, its annexes, and any special agreements, will be posted in each camp in the language of the EPW, CI and RP.

f.
Medical Personnel. Retained medical personnel shall receive as a minimum the benefits and protection given to EPW and shall also be granted all facilities necessary to provide for the medical care of EPW. They shall continue to exercise their medical functions for the benefit of EPW, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the United States Armed Forces. They shall be provided with necessary transport and allowed to periodically visit EPW situated in working detachments or in hospitals outside the EPW camp. Although subject to the internal discipline of the camp in which they are retained such personnel may not be compelled to carry out any work other than that concerned with their medical duties. The senior medical officer shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel.

g. Religion.

(1)
EPW, and RP will enjoy latitude in the exercise of their religious practices, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate space will be provided where religious services may be held.

(2)
Military chaplains who fall into the hands of the U.S. and who remain or are retained to assist EPW, and RP, will be allowed to minister to EPW, RP, of the same religion. Chaplains will be allocated among various camps and labor detachments containing EPW, RP, belonging to the same forces, speaking the same language, or practicing the same religion. They will enjoy the necessary facilities, including the means of transport provided in the Geneva Convention, for visiting the EPW, RP, outside their camp. They will be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with international religious organizations. Chaplains shall not be compelled to carry out any work other than their religious duties.

(3)
Enemy Prisoners of War, who are ministers of religion, without having officiated as chaplains to their own forces, will be at liberty, whatever their denomination, to minister freely to the members of their faith in U.S. custody. For this purpose, they will receive the same treatment as the chaplains retained by the United States. They are not to be obligated to do any additional work.

(4) If EPW, RP, do not have the assistance of a chaplain or a minister of their faith. A minister belonging to the prisoner’s denomination, or in a minister’s absence, a qualified layman, will be appointed, at the request of the prisoners, to fill this office. This appointment, subject to approval of the camp commander, will take place with agreement from the religious community of prisoners concerned and, wherever necessary, with approval of the local religious authorities of the same faith. The appointed person will comply with all regulations established by the United States.
1–6. Tribunals
a.
In accordance with Article 5, GPW, if any doubt arises as to whether a person, having committed a belligerent act and been taken into custody by the US Armed Forces, belongs to any of the categories enumerated in Article 4, GPW, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

b.
A competent tribunal shall determine the status of any person not appearing to be entitled to prisoner of war status who has committed a belligerent act or has engaged in hostile activities in aid of enemy armed forces, and who asserts that he or she is entitled to treatment as a prisoner of war, or concerning whom any doubt of a like nature exists.

c.
A competent tribunal shall be composed of three commissioned officers, one of whom must be of a field grade. The senior officer shall serve as President of the Tribunal. Another non-voting officer, preferably an officer in the Judge Advocate General Corps, shall serve as the recorder.

d.
The convening authority shall be a commander exercising general courts-martial convening authority.

e.
Procedures.

(1)
Members of the Tribunal and the recorder shall be sworn. The recorder shall be sworn first by the President of the Tribunal. The recorder will then administer the oath to all voting members of the Tribunal to include the President.

(2) A written record shall be made of proceedings.

(3)
Proceedings shall be open except for deliberation and voting by the members and testimony or other matters which would compromise security if held in the open.

(4) Persons whose status is to be determined shall be advised of their rights at the beginning of their hearings.

(5)
Persons whose status is to be determined shall be allowed to attend all open sessions and will be provided with an interpreter if necessary.

(6)
Persons whose status is to be determined shall be allowed to call witnesses if reasonably available, and to question those witnesses called by the Tribunal. Witnesses shall not be considered reasonably available if, as determined by their commanders, their presence at a hearing would affect combat or support operations. In these cases, written statements, preferably sworn, may be submitted and considered as evidence.

(7)
Persons whose status is to be determined have a right to testify or otherwise address the Tribunal.

(8)
Persons whose status is to be determined may not be compelled to testify before the Tribunal.

(9)
Following the hearing of testimony and the review of documents and other evidence, the Tribunal shall determine the status of the subject of the proceeding in closed session by majority vote. Preponderance of evidence shall be the standard used in reaching this determination.

(10) A written report of the tribunal decision is completed in each case. Possible board determinations are:
(a) EPW.

(b)
Recommended RP, entitled to EPW protections, who should be considered for certification as a medical, religious, or volunteer aid society RP.

(d)
Civilian Internee who for reasons of operational security, or probable cause incident to criminal investigation, should be detained.

f.
The recorder shall prepare the record of the Tribunal within three work days of the announcement of the tribunal’s decision. The record will then be forwarded to the first Staff Judge Advocate in the internment facility’s chain of command.

g. Persons who have been determined by a competent tribunal not to be entitled to prisoner of war status may not be executed, imprisoned, or otherwise penalized without further proceedings to determine what acts they have committed and what penalty should be imposed. The record of every Tribunal proceeding resulting in a determination denying EPW status shall be reviewed for legal sufficiency when the record is received at the office of the Staff Judge Advocate for the convening authority.
***
1–9. Public Affairs

In the interest of national security, and the protection of the prisoners from public curiosity, and in adherence to the GPW and GC, EPW, CI, RP and other detainees will not be photographed as per paragraph 1-5d. Interviews of EPW, CI, RP and other detainees by news media will not be permitted. Requests for media access to EPW, CI, or other detainee internment facilities will be coordinated through the Public Affairs Office, and the Staff Judge Advocate, and approved by the first commander who exercises General Court Martial Convening Authority over the internment facility. Requests for exception to policy will be forwarded through command channels to HQDA (SAPA-PP), Washington, D.C. 20310-4420.
***

EXECUTIVE ORDER 12333

United States Intelligence Activities
DECEMBER 4, 1981

(AS AMENDED .BY EXECUTIVE ORDERS 13284 (2003), 13355 (2004) AND 13470 (2008))
Preamble

Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence possible. For that purpose, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the National Security Act of 1947, as amended, (Act) and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows:
Part 1

Goals, Directions, Duties, and
Responsibilities with Respect to United
States Intelligence Efforts

1.1 Goals. The United States intelligence effort shall provide the President, the National Security Council, and the Homeland Security Council with the necessary information on which to base decisions concerning the development and conduct of foreign, defense, and economic policies, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal.
(a)
All means, consistent with applicable Federal law and this order, and with full consideration of the rights of United States persons, shall be used to obtain reliable intelligence information to protect the United States and its interests.

(b)
The United States Government has a solemn obligation, and shall continue in the conduct of intelligence activities under this order, to protect fully

the legal rights of all United States persons, including freedoms, civil liberties, and privacy rights guaranteed by Federal law.
(c)
Intelligence collection under this order should be guided by the need for information to respond to intelligence priorities set by the President.

(d)
Special emphasis should be given to detecting and countering:

(1)
Espionage and other threats and activities directed by foreign powers or their intelligence services against the United States and its interests;

(2)
Threats to the United States and its interests from terrorism; and

(3)
Threats to the United States and its interests from the development, possession, proliferation, or use of weapons of mass destruction.

(e)
Special emphasis shall be given to the production of timely, accurate, and insightful reports, responsive to decision makers in the executive branch, that draw on all appropriate sources of information, including open source information, meet rigorous analytic standards, consider diverse analytic viewpoints, and accurately represent appropriate alternative views.

(f)
State, local, and tribal governments are critical partners in securing and defending the United States from terrorism and other threats to the United States and its interests. Our national intelligence effort should take into account the responsibilities and requirements of State, local, and tribal governments and, as appropriate, private sector entities, when undertaking the collection and dissemination of information and intelligence to protect the United States.

(g)
All departments and agencies have a responsibility to prepare and to provide intelligence in a manner that allows the full and free exchange of information, consistent with applicable law and presidential guidance.

1.2 The National Security Council.
(a)
Purpose. The National Security Council (NSC) shall act as the highest ranking executive branch entity that provides support to the President for review of, guidance for, and direction to the conduct of all foreign intelligence, counterintelligence, and covert action, and attendant policies and programs.

(b)
Covert Action and Other Sensitive Intelligence Operations. The NSC shall consider and submit to the President a policy recommendation, including all dissents, on each proposed covert action and conduct a periodic review of ongoing covert action activities, including an evaluation of the effectiveness and consistency with current national policy of such

activities and consistency with applicable legal requirements. The NSC shall perform such other functions related to covert action as the President may direct, but shall not undertake the conduct of covert actions. The NSC shall also review proposals for other sensitive intelligence operations.
1.3 Director of National Intelligence. Subject to the authority, direction, and control of the President, the Director of National Intelligence (Director) shall serve as the head of the Intelligence Community, act as the principal adviser to the President, to the NSC, and to the Homeland Security Council for intelligence matters related to national security, and shall oversee and direct the implementation of the National Intelligence Program and execution of the National Intelligence Program budget. The Director will lead a unified, coordinated, and effective intelligence effort. In addition, the Director shall, in carrying out the duties and responsibilities under this section, take into account the views of the heads of departments containing an element of the Intelligence Community and of the Director of the Central Intelligence Agency.
(a)
Except as otherwise directed by the President or prohibited by law, the Director shall have access to all information and intelligence described in section 1.5(a) of this order. For the purpose of access to and sharing of information and intelligence, the Director:

(1)
Is hereby assigned the function under section 3(5) of the Act, to determine that intelligence, regardless of the source from which derived and including information gathered within or outside the United States, pertains to more than one United States Government agency; and

(2)
Shall develop guidelines for how information or intelligence is provided to or accessed by the Intelligence Community in accordance with section 1.5(a) of this order, and for how the information or intelligence may be used and shared by the Intelligence Community. All guidelines developed in accordance with this section shall be approved by the Attorney General and, where applicable, shall be consistent with guidelines issued pursuant to section 1016 of the Intelligence Reform and Terrorism Protection Act of 2004 (Public Law 108-458) (IRTPA).

(b)
In addition to fulfilling the obligations and responsibilities prescribed by the Act, the Director:

(1)
Shall establish objectives, priorities, and guidance for the Intelligence Community to ensure timely and effective collection, processing, analysis, and dissemination of intelligence, of whatever nature and from whatever source derived;

(2)
May designate, in consultation with affected heads of departments or Intelligence Community elements, one or more Intelligence Community elements to develop and to maintain

services of common concern on behalf of the Intelligence Community if the Director determines such services can be more efficiently or effectively accomplished in a consolidated manner;
(3)
Shall oversee and provide advice to the President and the NSC with respect to all ongoing and proposed covert action programs;

(4)
In regard to the establishment and conduct of intelligence arrangements and agreements with foreign governments and international organizations:

(A)
May enter into intelligence and counterintelligence arrangements and agreements with foreign governments and international organizations;

(B)
Shall formulate policies concerning intelligence and counterintelligence arrangements and agreements with foreign governments and international organizations; and

(C)
Shall align and synchronize intelligence and counterintelligence foreign relationships among the elements of the Intelligence Community to further United States national security, policy, and intelligence objectives;

(5)
Shall participate in the development of procedures approved by the Attorney General governing criminal drug intelligence activities abroad to ensure that these activities are consistent with foreign intelligence programs;

(6)
Shall establish common security and access standards for managing and handling intelligence systems, information, and products, with special emphasis on facilitating:

(A)
The fullest and most prompt access to and dissemination of information and intelligence practicable, assigning the highest priority to detecting, preventing, preempting, and disrupting terrorist threats and activities against the United States, its interests, and allies; and

(B)
The establishment of standards for an interoperable information sharing enterprise that facilitates the sharing of intelligence information among elements of the Intelligence Community;

(7)
Shall ensure that appropriate departments and agencies have access to intelligence and receive the support needed to perform independent analysis;

(8)
Shall protect, and ensure that programs are developed to protect, intelligence sources, methods, and activities from unauthorized disclosure;

(9)
Shall, after consultation with the heads of affected departments and agencies, establish guidelines for Intelligence Community elements for:

(A)
Classification and declassification of all intelligence and intelligence-related information classified under the authority of the Director or the authority of the head of a department or Intelligence Community element; and

(B)
Access to and dissemination of all intelligence and intelligence-related information, both in its final form and in the form when initially gathered, to include intelligence originally classified by the head of a department or Intelligence Community element, except that access to and dissemination of information concerning United States persons shall be governed by procedures developed in accordance with Part 2 of this order;

(10)
May, only with respect to Intelligence Community elements, and after consultation with the head of the originating Intelligence Community element or the head of the originating department, declassify, or direct the declassification of, information or intelligence relating to intelligence sources, methods, and activities. The Director may only delegate this authority to the Principal Deputy Director of National Intelligence;

(11)
May establish, operate, and direct one or more national intelligence centers to address intelligence priorities;

(12)
May establish Functional Managers and Mission Managers, and designate officers or employees of the United States to serve in these positions.

(A)
Functional Managers shall report to the Director concerning the execution of their duties as Functional Managers, and may be charged with developing and implementing strategic guidance, policies, and procedures for activities related to a specific intelligence discipline or set of intelligence activities; set training and tradecraft standards; and ensure coordination within and across intelligence disciplines and Intelligence Community elements and with related non-intelligence activities. Functional Managers may also advise the Director on: the management of resources; policies and procedures; collection capabilities and gaps; processing and dissemination of intelligence; technical architectures; and other issues or activities determined by the Director.

(i)
The Director of the National Security Agency is designated the Functional Manager for signals intelligence;

(ii)
The Director of the Central Intelligence Agency is designated the Functional Manager for human intelligence; and

(iii) The Director of the National Geospatial-Intelligence Agency is designated the Functional Manager for geospatial intelligence.
(B)
Mission Managers shall serve as principal substantive advisors on all or specified aspects of intelligence related to designated countries, regions, topics, or functional issues;

(13)
Shall establish uniform criteria for the determination of relative priorities for the transmission of critical foreign intelligence, and advise the Secretary of Defense concerning the communications requirements of the Intelligence Community for the transmission of such communications;

(14)
Shall have ultimate responsibility for production and dissemination of intelligence produced by the Intelligence Community and authority to levy analytic tasks on intelligence production organizations within the Intelligence Community, in consultation with the heads of the Intelligence Community elements concerned;

(15)
May establish advisory groups for the purpose of obtaining advice from within the Intelligence Community to carry out the Director's responsibilities, to include Intelligence Community executive management committees composed of senior Intelligence Community leaders. Advisory groups shall consist of representatives from elements of the Intelligence Community, as designated by the Director, or other executive branch departments, agencies, and offices, as appropriate;

(16)
Shall ensure the timely exploitation and dissemination of data gathered by national intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government elements, including military commands;

(17)
Shall determine requirements and priorities for, and manage and direct the tasking, collection, analysis, production, and dissemination of, national intelligence by elements of the Intelligence Community, including approving requirements for collection and analysis and resolving conflicts in collection requirements and in the tasking of national collection assets of Intelligence Community elements (except when otherwise directed by the President or when the Secretary of Defense exercises collection tasking authority under plans and arrangements approved by the Secretary of Defense and the Director);

(18)
May provide advisory tasking concerning collection and analysis of information or intelligence relevant to national intelligence or national security to departments, agencies, and establishments of the United States Government that are not elements of the Intelligence Community; and shall establish procedures, in consultation with affected heads of departments or agencies and subject to approval by the Attorney General, to implement this authority and to monitor or evaluate the responsiveness of United States

Government departments, agencies, and other to law and presidential direction of Chiefs of United establishments; States Missions; and
(19)
Shall fulfill the responsibilities in section 1.3(b)(17) and (18) of this order, consistent with applicable law and with full consideration of the rights of United States persons, whether information is to be collected inside or outside the United States;

(20)
Shall ensure, through appropriate policies and procedures, the deconfliction, coordination, and integration of all intelligence activities conducted by an Intelligence Community element or funded by the National Intelligence Program. In accordance with these policies and procedures:

(A)
The Director of the Federal Bureau of Investigation shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities inside the United States;

(B)
The Director of the Central Intelligence Agency shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities outside the United States;

(C)
All policies and procedures for the coordination of counterintelligence activities and the clandestine collection of foreign intelligence inside the United States shall be subject to the approval of the Attorney General; and

(D)
All policies and procedures developed under this section shall be coordinated with the heads of affected departments and Intelligence Community elements;

(21)
Shall, with the concurrence of the heads of affected departments and agencies, establish joint procedures to deconflict, coordinate, and synchronize intelligence activities conducted by an Intelligence Community element or funded by the National Intelligence Program, with intelligence activities, activities that involve foreign intelligence and security services, or activities that involve the use of clandestine methods, conducted by other United States Government departments, agencies, and establishments;

(22)
Shall, in coordination with the heads of departments containing elements of the Intelligence Community, develop procedures to govern major system acquisitions funded in whole or in majority part. by the National Intelligence Program;

(23)
Shall seek advice from the Secretary of State to ensure that the foreign policy implications of proposed intelligence activities are considered, and shall ensure, through appropriate policies and procedures, that intelligence activities are conducted in a manner consistent with the responsibilities pursuant

(24)
Shall facilitate the use of Intelligence Community products by the Congress in a secure manner.

(c)
The Director's exercise of authorities in the Act and this order shall not abrogate the statutory or other responsibilities of the heads of departments of the United States Government or the Director of the Central Intelligence Agency. Directives issued and actions taken by the Director in the exercise of the Director's authorities and responsibilities to integrate, coordinate, and make the Intelligence Community more effective in providing intelligence related to national security shall be implemented by the elements of the Intelligence Community, provided that any department head whose department contains an element of the Intelligence Community and who believes that a directive or action of the Director violates the requirements of section 1018 of the IRTPA or this subsection shall bring the issue to the attention of the Director, the NSC, or the President for resolution in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments.

(d) Appointments to certain positions.

(1)
The relevant department or bureau head shall provide recommendations and obtain the concurrence of the Director for the selection of: the Director of the National Security Agency, the Director of the National Reconnaissance Office, the Director of the National Geospatial-Intelligence Agency, the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Research, the Director of the Office of Intelligence and Counterintelligence of the Department of Energy, the Assistant Secretary for Intelligence and Analysis of the Department of the Treasury, and the Executive Assistant Director for the National Security Branch of the Federal Bureau of Investigation. If the Director does not concur in the recommendation, the department head may not fill the vacancy or make the recommendation to the President, as the case may be. If the department head and the Director do not reach an agreement on the selection or recommendation, the Director and the department head concerned may advise the President directly of the Director's intention to withhold concurrence.

(2)
The relevant department head shall consult with the Director before appointing an individual to fill a vacancy or recommending to the President an individual be nominated to fill a vacancy in any of the following positions: the Under Secretary of Defense for Intelligence; the Director of the Defense Intelligence Agency; uniformed heads of the intelligence elements of the Army, the Navy, the Air

Force, and the Marine Corps above the rank of Major General or Rear Admiral; the Assistant Commandant of the Coast Guard for Intelligence; and the Assistant Attorney General for National Security.
(e) Removal from certain positions.

(1)
Except for the Director of the Central Intelligence Agency, whose removal the Director may recommend to the President, the Director and the relevant department head shall consult on the removal, or recommendation to the President for removal, as the case may be, of: the Director of the National Security Agency, the Director of the National Geospatial-Intelligence Agency, the Director of the Defense Intelligence Agency, the Under Secretary of Homeland Security for Intelligence and Analysis, the Assistant Secretary of State for Intelligence and Research, and the Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. If the Director and the department head do not agree on removal, or recommendation for removal, either may make a recommendation to the President for the removal of the individual.

(2)
The Director and the relevant department or bureau head shall consult on the removal of: the Executive Assistant Director for the National Security Branch of the Federal Bureau of Investigation, the Director of the Office of Intelligence and Counterintelligence of the Department of Energy, the Director of the National Reconnaissance Office, the Assistant Commandant of the Coast Guard for Intelligence, and the Under Secretary of Defense for Intelligence. With respect to an individual appointed by a department head, the department head may remove the individual upon the request of the Director; if the department head chooses not to remove the individual, either the Director or the department head may advise the President of the department head's intention to retain the individual. In the case of the Under Secretary of Defense for Intelligence, the Secretary of Defense may recommend to the President either the removal or the retention of the individual. For uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps, the Director may make a recommendation for removal to the Secretary of Defense.

(3)
Nothing in this subsection shall be construed to limit or otherwise affect the authority of the President to nominate, appoint, assign, or terminate the appointment or assignment of any individual, with or without a consultation, recommendation, or concurrence.

1.4 The Intelligence Community. Consistent with applicable Federal law and with the other provisions of this order, and under the leadership of the Director, as specified in such law and this order, the Intelligence Community shall:
(a)
Collect and provide information needed by the President and, in the performance of executive functions, the Vice President, the NSC, the Homeland Security Council, the Chairman of the Joint Chiefs of Staff, senior military commanders, and other executive branch officials and, as appropriate, the Congress of the United States;

(b)
In accordance with priorities set by the President, collect information concerning, and conduct activities to protect against, international terrorism, proliferation of weapons of mass destruction, intelligence activities directed against the United States, international criminal drug activities, and other hostile activities directed against the United States by foreign powers, organizations, persons, and their agents;

(d)
Conduct administrative, technical, and other support activities within the United States and abroad necessary for the performance of authorized activities, to include providing services of common concern for the Intelligence Community as designated by the Director in accordance with this order;

(e)
Conduct research, development, and procurement of technical systems and devices relating to authorized functions and missions or the provision of services of common concern for the Intelligence Community;

(f)
Protect the security of intelligence related activities, information, installations, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Intelligence Community elements as are necessary;

(g)
Take into account State, local, and tribal governments' and, as appropriate, private sector entities' information needs relating to national and homeland security;

(h)
Deconflict, coordinate, and integrate all intelligence activities and other information gathering in accordance with section 1.3(b)(20) of this order; and

(i)
Perform such other functions and duties related to intelligence activities as the President may direct.

1.5 Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies. The heads of all departments and agencies shall:
(a) Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Director's duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President;
(b)
Provide all programmatic and budgetary information necessary to support the Director in developing the National Intelligence Program;

(c)
Coordinate development and implementation of intelligence systems and architectures and, as appropriate, operational systems and architectures of their departments, agencies, and other elements with the Director to respond to national intelligence requirements and all applicable information sharing and security guidelines, information privacy, and other legal requirements;

(d)
Provide, to the maximum extent permitted by law, subject to the availability of appropriations and not inconsistent with the mission of the department or agency, such further support to the Director as the Director may request, after consultation with the head of the department or agency, for the performance of the Director's functions;

(e)
Respond to advisory tasking from the Director under section 1.3(b)(18) of this order to the greatest extent possible, in accordance with applicable policies established by the head of the responding department or agency;

(f)
Ensure that all elements within the department or agency comply with the provisions of Part 2 of this order, regardless of Intelligence Community affiliation, when performing foreign intelligence and counterintelligence functions;

(g)
Deconflict, coordinate, and integrate all intelligence activities in accordance with section 1.3(b)(20), and intelligence and other activities in accordance with section 1.3(b)(21) of this order;

(h)
Inform the Attorney General, either directly or through the Federal Bureau of Investigation, and the Director of clandestine collection of foreign intelligence and counterintelligence activities inside the United States not coordinated with the Federal Bureau of Investigation;

(i)
Pursuant to arrangements developed by the head of the department or agency and the Director of the Central Intelligence Agency and approved by the Director, inform the Director and the Director of the Central Intelligence Agency, either directly or through his designee serving outside the United States, as appropriate, of clandestine collection of foreign intelligence collected through human sources or through human-enabled means outside the United States that has not been coordinated with the Central Intelligence Agency; and

(j)
Inform the Secretary of Defense, either directly or through his designee, as appropriate, of

clandestine collection of foreign intelligence outside the United States in a region of combat or contingency military operations designated by the Secretary of Defense, for purposes of this paragraph, after consultation with the Director of National Intelligence.
1.6 Heads of Elements of the Intelligence Community. The heads of elements of the Intelligence Community shall:
(a)
Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Director's duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President;

(b)
Report to the Attorney General possible violations of Federal criminal laws by employees and of specified Federal criminal laws by any other person as provided in procedures agreed upon by the Attorney General and the head of the department, agency, or establishment concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures;

(c)
Report to the Intelligence Oversight Board, consistent with Executive Order 13462 of February 29, 2008, and provide copies of all such reports to the Director, concerning any intelligence activities of their elements that they have reason to believe may be unlawful or contrary to executive order or presidential directive;

(d)
Protect intelligence and intelligence sources, methods, and activities from unauthorized disclosure in accordance with guidance from the Director;

(e)
Facilitate, as appropriate, the sharing of information or intelligence, as directed by law or the President, to State, local, tribal, and private sector entities;

(f)
Disseminate information or intelligence to foreign governments and international organizations under intelligence or counterintelligence arrangements or agreements established in accordance with section 1.3(b)(4) of this order;

(g)
Participate in the development of procedures approved by the Attorney General governing production and dissemination of information or intelligence resulting from criminal drug intelligence activities abroad if they have intelligence responsibilities for foreign or domestic criminal drug production and trafficking; and

(h)
Ensure that the inspectors general, general counsels, and agency officials responsible for privacy or civil liberties protection for their respective

organizations have access to any information or intelligence necessary to perform their official duties.
1.7 Intelligence Community Elements. Each element of the Intelligence Community shall have the duties and responsibilities specified below, in addition to those specified by law or elsewhere in this order. Intelligence Community elements within executive departments shall serve the information and intelligence needs of their respective heads of departments and also shall operate as part. of an integrated Intelligence Community, as provided in law or this order.
(a)
THE CENTRAL INTELLIGENCE AGENCY. The Director of the Central Intelligence Agency shall:

(1)
Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence;

(2)
Conduct counterintelligence activities without assuming or performing any internal security functions within the United States;

(3)
Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrangements;

(4)
Conduct covert action activities approved by the President. No agency except the Central Intelligence Agency (or the Armed Forces of the United States in time of war declared by the Congress or during any period covered by a report from the President to the Congress consistent with the War Powers Resolution, Public Law 93-148) may conduct any covert action activity unless the President determines that another agency is more likely to achieve a particular objective;

(5)
Conduct foreign intelligence liaison relationships with intelligence or security services of foreign governments or international organizations consistent with section 1.3(b)(4) of this order;

(6)
Under the direction and guidance of the Director, and in accordance with section 1.3(b)(4) of this order, coordinate the implementation of intelligence and counterintelligence relationships between elements of the Intelligence Community and the intelligence or security services of foreign governments or international organizations; and

(7)
Perform such other functions and duties related to intelligence as the Director may direct.

(b)
THE DEFENSE INTELLIGENCE AGENCY. The Director of the Defense Intelligence Agency shall:

(1)
Collect (including through clandestine means), analyze, produce, and disseminate foreign

intelligence and counterintelligence to support national and departmental missions;
(2)
Collect, analyze, produce, or, through tasking and coordination, provide defense and defense-related intelligence for the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders, other Defense components, and non-Defense agencies;

(3) Conduct counterintelligence activities;

(4)
Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrangements;

(5)
Conduct foreign defense intelligence liaison relationships and defense intelligence exchange programs with foreign defense establishments, intelligence or security services of foreign governments, and international organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order;

(6)
Manage and coordinate all matters related to the Defense Attaché system; and

(7)
Provide foreign intelligence and counterintelligence staff support as directed by the Secretary of Defense.

(1)
Collect (including through clandestine means), process, analyze, produce, and disseminate signals intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions;

(2)
Establish and operate an effective unified organization for signals intelligence activities, except for the delegation of operational control over certain operations that are conducted through other elements of the Intelligence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense, after coordination with the Director;

(3)
Control signals intelligence collection and processing activities, including assignment of resources to an appropriate agent for such periods and tasks as required for the direct support of military commanders;

(4)
Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements;

(5)
Provide signals intelligence support for national and departmental requirements and for the conduct of military operations;

(6)
Act as the National Manager for National Security Systems as established in law and policy, and

in this capacity be responsible to the Secretary of Defense and to the Director;
(7)
Prescribe, consistent with section 102A(g) of the Act, within its field of authorized operations, security regulations covering operating practices, including the transmission, handling, and distribution of signals intelligence and communications security material within and among the elements under control of the Director of the National Security Agency, and exercise the necessary supervisory control to ensure compliance with the regulations; and

(8)
Conduct foreign cryptologic liaison relationships in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.

(d)
THE NATIONAL RECONNAISSANCE OFFICE. The Director of the National Reconnaissance Office shall:

(1)
Be responsible for research and development, acquisition, launch, deployment, and operation of overhead systems and related data processing facilities to collect intelligence and information to support national and departmental missions and other United States Government needs; and

(2)
Conduct foreign liaison relationships relating to the above missions, in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.

(e)
THE NATIONAL GEOSPATIALINTELLIGENCE AGENCY. The Director of the National Geospatial-Intelligence Agency shall:

(1)
Collect, process, analyze, produce, and disseminate geospatial intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions;

(2)
Provide geospatial intelligence support for national and departmental requirements and for the conduct of military operations;

(3)
Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements; and

(4)
Conduct foreign geospatial intelligence liaison relationships, in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.

(f)
THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE ARMY, NAVY, AIR FORCE, AND MARINE CORPS. The Commanders and heads of the intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps shall:

(1)
Collect (including through clandestine means), produce, analyze, and disseminate defense and

defense-related intelligence and counterintelligence to support departmental requirements, and, as appropriate, national requirements;
(2) Conduct counterintelligence activities;
(3)
Monitor the development, procurement, and management of tactical intelligence systems and equipment and conduct related research, development, and test and evaluation activities; and

(4)
Conduct military intelligence liaison relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.

(g)
INTELLIGENCE ELEMENTS OF THE FEDERAL BUREAU OF INVESTIGATION. Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the intelligence elements of the Federal Bureau of Investigation shall:

(1)
Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions, in accordance with procedural guidelines approved by the Attorney General, after consultation with the Director;

(2)
Conduct counterintelligence activities; and

(3)
Conduct foreign intelligence and counterintelligence liaison relationships with intelligence, security, and law enforcement services of foreign governments or international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order.

(h)
THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE COAST GUARD. The Commandant of the Coast Guard shall:

(1)
Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence including defense and defense-related information and intelligence to support national and departmental missions;

(2) Conduct counterintelligence activities;

(3)
Monitor the development, procurement, and management of tactical intelligence systems and equipment and conduct related research, development, and test and evaluation activities; and

(4)
Conduct foreign intelligence liaison relationships and intelligence exchange programs with foreign intelligence services, security services or international organizations in accordance with sections

1.3(b)(4), 1.7(a)(6), and, when operating as part. of the Department of Defense, 1.10(i) of this order.
(i)
THE BUREAU OF INTELLIGENCE AND RESEARCH, DEPARTMENT OF STATE; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF THE TREASURY; THE OFFICE OF NATIONAL SECURITY INTELLIGENCE, DRUG ENFORCEMENT ADMINISTRATION; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF HOMELAND SECURITY; AND THE OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE, DEPARTMENT OF ENERGY. The heads of the Bureau of Intelligence and Research, Department of State; the Office of Intelligence and Analysis, Department of the Treasury; the Office of National Security Intelligence, Drug Enforcement Administration; the Office of Intelligence and Analysis, Department of Homeland Security; and the Office of Intelligence and Counterintelligence, Department of Energy shall:

(1)
Collect (overtly or through publicly available sources), analyze, produce, and disseminate information, intelligence, and counterintelligence to support national and departmental missions; and

(2)
Conduct and participate in analytic or information exchanges with foreign partners and international organizations in accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order.

(j)
THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. The Director shall collect (overtly or through publicly available sources), analyze, produce, and disseminate information, intelligence, and counterintelligence to support the missions of the Office of the Director of National Intelligence, including the National Counterterrorism Center, and to support other national missions.

1.8 The Department of State. In addition to the authorities exercised by the Bureau of Intelligence and Research under sections 1.4 and 1.7(i) of this order, the Secretary of State shall:
(a)
Collect (overtly or through publicly available sources) information relevant to United States foreign policy and national security concerns;

(b)
Disseminate, to the maximum extent possible, reports received from United States diplomatic and consular posts;

(c)
Transmit reporting requirements and advisory taskings of the Intelligence Community to the Chiefs of United States Missions abroad; and

(d)
Support Chiefs of United States Missions in discharging their responsibilities pursuant to law and presidential direction.

1.9 The Department of the Treasury. In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of the Treasury under sections 1.4 and 1.7(i) of this order the Secretary of the Treasury shall collect (overtly or through publicly available sources) foreign financial information and, in consultation with the Department of State, foreign economic information.
1.10The Department of Defense. The Secretary of Defense shall:
(a)
Collect (including through clandestine means), analyze, produce, and disseminate information and intelligence and be responsive to collection tasking and advisory tasking by the Director;

(b)
Collect (including through clandestine means), analyze, produce, and disseminate defense and defense-related intelligence and counterintelligence, as required for execution of the Secretary's responsibilities;

(d)
Conduct counterintelligence activities in support of Department of Defense components and coordinate counterintelligence activities in accordance with section 1.3(b)(20) and (21) of this order;

(e)
Act, in coordination with the Director, as the executive agent of the United States Government for signals intelligence activities;

(f)
Provide for the timely transmission of critical intelligence, as defined by the Director, within the United States Government;

(g)
Carry out or contract for research, development, and procurement of technical systems and devices relating to authorized intelligence functions;

(h)
Protect the security of Department of Defense installations, activities, information, property, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associations with the Department of Defense as are necessary;

(i)
Establish and maintain defense intelligence relationships and defense intelligence exchange programs with selected cooperative foreign defense establishments, intelligence or security services of foreign governments, and international organizations, and ensure that such relationships and programs are in accordance with sections 1.3(b)(4), 1.3(b)(21) and 1.7(a)(6) of this order;

(j)
Conduct such administrative and technical support activities within and outside the United States

as are necessary to provide for cover and proprietary arrangements, to perform the functions described in sections (a) though (i) above, and to support the Intelligence Community elements of the Department of Defense; and
(k) Use the Intelligence Community elements within the Department of Defense identified in section 1.7(b) through (f) and, when the Coast Guard is operating as part. of the Department of Defense, (h)above to carry out the Secretary of Defense's responsibilities assigned in this section or other departments, agencies, or offices within the Department of Defense, as appropriate, to conduct the intelligence missions and responsibilities assigned to the Secretary of Defense.
1.11The Department of Homeland Security. In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of Homeland Security under sections 1.4 and 1.7(i) of this order, the Secretary of Homeland Security shall conduct, through the United States Secret Service, activities to determine the existence and capability of surveillance equipment being used against the President or the Vice President of the United States, the Executive Office of the President, and, as authorized by the Secretary of Homeland Security or the President, other Secret Service protectees and United States officials. No information shall be acquired intentionally through such activities except to protect against use of such surveillance equipment, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of Homeland Security and the Attorney General.
1.12The Department of Energy. In addition to the authorities exercised by the Office of Intelligence and Counterintelligence of the Department of Energy under sections 1.4 and 1.7(i) of this order, the Secretary of Energy shall:
(a)
Provide expert scientific, technical, analytic, and research capabilities to other agencies within the Intelligence Community, as appropriate;

(b)
Participate in formulating intelligence collection and analysis requirements where the special expert capability of the Department can contribute; and

1.13The Federal Bureau of Investigation. In addition to the authorities exercised by the intelligence elements of the Federal Bureau of Investigation of the Department of Justice under sections 1.4 and 1.7(g) of this order and under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the Director of the Federal Bureau of Investigation shall provide technical assistance, within or outside the United States, to foreign intelligence and law enforcement services, consistent with section 1.3(b)(20) and (21) of this order, as may be necessary to support national or departmental missions.
Part 2
Conduct of Intelligence Activities
2.1 Need. Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to informed decision making in the areas of national security, national defense, and foreign relations. Collection of such information is a priority objective and will be pursued in a vigorous, innovative, and responsible manner that is consistent with the Constitution and applicable law and respectful of the principles upon which the United States was founded.
2.2 Purpose. This Order is intended to enhance human and technical collection techniques, especially those undertaken abroad, and the acquisition of significant foreign intelligence, as well as the detection and countering of international terrorist activities, the spread of weapons of mass destruction, and espionage conducted by foreign powers. Set forth below are certain general principles that, in addition to and consistent with applicable laws, are intended to achieve the proper balance between the acquisition of essential information and protection of individual interests. Nothing in this Order shall be construed to apply to or interfere with any authorized civil or criminal law enforcement responsibility of any department or agency.
2.3 Collection of information. Elements of the Intelligence Community are authorized to collect, retain, or disseminate information concerning United States persons only in accordance with procedures established by the head of the Intelligence Community element concerned or by the head of a department containing such element and approved by the Attorney General, consistent with the authorities provided by Part 1 of this Order, after consultation with the Director. Those procedures shall permit collection, retention, and dissemination of the following types of information:
(a)
Information that is publicly available or collected with the consent of the person concerned;

(b)
Information constituting foreign intelligence or counterintelligence, including such information concerning corporations or other commercial organizations. Collection within the United States of foreign intelligence not otherwise obtainable shall be

undertaken by the Federal Bureau of Investigation (FBI) or, when significant foreign intelligence is sought, by other authorized elements of the Intelligence Community, provided that no foreign intelligence collection by such elements may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons;
(c)
Information obtained in the course of a lawful foreign intelligence, counterintelligence, international drug or international terrorism investigation;

(d)
Information needed to protect the safety of any persons or organizations, including those who are targets, victims, or hostages of international terrorist organizations;

(e)
Information needed to protect foreign intelligence or counterintelligence sources, methods, and activities from unauthorized disclosure. Collection within the United States shall be undertaken by the FBI except that other elements of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence element contractors or their present or former employees, or applicants for such employment or contracting;

(f)
Information concerning persons who are reasonably believed to be potential sources or contacts for the purpose of determining their suitability or credibility;

(g)
Information arising out of a lawful personnel, physical, or communications security investigation;

(h)
Information acquired by overhead reconnaissance not directed at specific United States persons;

(i)
Incidentally obtained information that may indicate involvement in activities that may violate Federal, state, local, or foreign laws; and

(j)
Information necessary for administrative purposes.

In addition, elements of the Intelligence Community may disseminate information to each appropriate element within the Intelligence Community for purposes of allowing the recipient element to determine whether the information is relevant to its responsibilities and can be retained by it, except that information derived from signals intelligence may only be disseminated or made available to Intelligence Community elements in accordance with procedures established by the Director in coordination with the Secretary of Defense and approved by the Attorney General.
2.4 Collection Techniques. Elements of the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad. Elements of the Intelligence Community are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the Intelligence Community element concerned or the head of a department containing such element and approved by the Attorney General, after consultation with the Director. Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not authorize:
(a)
The Central Intelligence Agency (CIA) to engage in electronic surveillance within the United States except for the purpose of training, testing, or conducting countermeasures to hostile electronic surveillance;

(b)
Unconsented physical searches in the United States by elements of the Intelligence Community other than the FBI, except for:

(1)
Searches by counterintelligence elements of the military services directed against military personnel within the United States or abroad for intelligence purposes, when authorized by a military commander empowered to approve physical searches for law enforcement purposes, based upon a finding of probable cause to believe that such persons are acting as agents of foreign powers; and

(2)
Searches by CIA of personal property of non-United States persons lawfully in its possession;

(c)
Physical surveillance of a United States person in the United States by elements of the Intelligence Community other than the FBI, except for:

(1)
Physical surveillance of present or former employees, present or former intelligence element contractors or their present or former employees, or applicants for any such employment or contracting; and

(2)
Physical surveillance of a military person employed by a non-intelligence element of a military service; and

(d)
Physical surveillance of a United States person abroad to collect foreign intelligence, except to obtain significant information that cannot reasonably be acquired by other means.

2.5 Attorney General Approval. The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power. The authority delegated pursuant to this paragraph, including the authority to approve the use of electronic surveillance as defined in the Foreign Intelligence Surveillance Act of 1978, as amended, shall be exercised in accordance with that Act.
2.6 Assistance to Law Enforcement and other Civil Authorities. Elements of the Intelligence Community are authorized to:
(a)
Cooperate with appropriate law enforcement agencies for the purpose of protecting the employees, information, property, and facilities of any element of the Intelligence Community;

(b)
Unless otherwise precluded by law or this Order, participate in law enforcement activities to investigate or prevent clandestine intelligence activities by foreign powers, or international terrorist or narcotics activities;

(c)
Provide specialized equipment, technical knowledge, or assistance of expert personnel for use by any department or agency, or when lives are endangered, to support local law enforcement agencies. Provision of assistance by expert personnel shall be approved in each case by the general counsel of the providing element or department; and

(d)
Render any other assistance and cooperation to law enforcement or other civil authorities not precluded by applicable law.

2.7 Contracting. Elements of the Intelligence Community are authorized to enter into contracts or arrangements for the provision of goods or services with private companies or institutions in the United States and need not reveal the sponsorship of such contracts or arrangements for authorized intelligence purposes. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution.
2.8 Consistency With Other Laws. Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or statutes of the United States.
2.9 Undisclosed Participation in Organizations Within the United States. No one acting on behalf of elements of the Intelligence Community may join or otherwise participate in any organization in the United States on behalf of any element of the Intelligence Community without disclosing such person’s intelligence affiliation to appropriate officials of the organization, except in accordance with procedures established by the head of the Intelligence Community element concerned or the head of a department containing such element and approved by the Attorney General, after consultation with the Director. Such participation shall be authorized only if it is essential to achieving lawful purposes as determined by the Intelligence Community element head or designee. No such participation may be undertaken for the purpose of influencing the activity of the organization or its members except in cases where:
(a)
The participation is undertaken on behalf of the FBI in the course of a lawful investigation; or

(b)
The organization concerned is composed primarily of individuals who are not United States persons and is reasonably believed to be acting on behalf of a foreign power.

2.10Human Experimentation. No element of the Intelligence Community shall sponsor, contract for, or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services. The subject's informed consent shall be documented as required by those guidelines.
2.11Prohibition on Assassination. No person employed by or acting on behalf of the United States Government shall engage in or conspire to engage in assassination.
2.12Indirect Participation. No element of the Intelligence Community shall participate in or request any person to undertake activities forbidden by this Order.
2.13Limitation on Covert Action. No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.
Part 3
General Provisions
3.1 Congressional Oversight. The duties and responsibilities of the Director and the heads of other departments, agencies, elements, and entities engaged in intelligence activities to cooperate with the Congress in the conduct of its responsibilities for oversight of intelligence activities shall be implemented in accordance with applicable law, including title V of the Act. The requirements of applicable law, including title V of the Act, shall apply to all covert action activities as defined in this Order.
3.2 Implementation. The President, supported by the NSC, and the Director shall issue such appropriate directives, procedures, and guidance as are necessary to implement this order. Heads of elements within the Intelligence Community shall issue appropriate procedures and supplementary directives consistent with this order. No procedures to implement Part 2 of this order shall be issued without the Attorney General's approval, after consultation with the Director. The Attorney General shall provide a statement of reasons for not approving any procedures established by the head of an element in the Intelligence Community (or the head of the department containing such element) other than the FBI. In instances where the element head or department head and the Attorney General are unable to reach agreements on other than constitutional or other legal grounds, the Attorney General, the head of department concerned, or the Director shall refer the matter to the NSC.

3.3 Procedures. The activities herein authorized that require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order 12333. New procedures, as required by Executive Order 12333, as further amended, shall be established as expeditiously as possible. All new procedures promulgated pursuant to Executive Order 12333, as amended, shall be made available to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.
3.4 References and Transition. References to “Senior Officials of the Intelligence Community” or “SOICs” in executive orders or other Presidential guidance, shall be deemed references to the heads of elements in the Intelligence Community, unless the President otherwise directs; references in Intelligence Community or Intelligence Community element policies or guidance, shall be deemed to be references to the heads of elements of the Intelligence Community, unless the President or the Director otherwise directs.
3.5 Definitions. For the purposes of this Order, the following terms shall have these meanings:
(a)
Counterintelligence means information gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations, or persons, or their agents, or international terrorist organizations or activities.

(b)
Covert action means an activity or activities of the United States Government to influence political, economic, or military conditions abroad, where it is intended that the role of the United States Government will not be apparent or acknowledged publicly, but does not include:

(1)
Activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of United States Government programs, or administrative activities;

(2)
Traditional diplomatic or military activities or routine support to such activities;

(3)
Traditional law enforcement activities conducted by United States Government law enforcement agencies or routine support to such activities; or

(4)
Activities to provide routine support to the overt activities (other than activities described in paragraph (1), (2), or (3)) of other United States Government agencies abroad.

(c)
Electronic surveillance means acquisition of a nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visibly present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter.

(d)
Employee means a person employed by, assigned or detailed to, or acting for an element within the Intelligence Community.

(e)
Foreign intelligence means information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, foreign persons, or international terrorists.

(f)
Intelligence includes foreign intelligence and counterintelligence.

(g)
Intelligence activities means all activities that elements of the Intelligence Community are authorized to conduct pursuant to this order.

(h)
Intelligence Community and elements of the Intelligence Community refers to:

(1)
The Office of the Director of National Intelligence;

(2)
The Central Intelligence Agency;

(3)
The National Security Agency;

(4)
The Defense Intelligence Agency;

(5)
The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7)
The other offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;

(8)
The intelligence and counterintelligence elements of the Army, the Navy, the Air Force, and the Marine Corps;

(9)
The intelligence elements of the Federal Bureau of Investigation;

(10)
The Office of National Security provisions in Executive Order 12958, as amended, are Intelligence of the Drug Enforcement Administration; inconsistent with this Order.

(11)
The Office of Intelligence and Counterintelligence of the Department of Energy;

(12)
The Bureau of Intelligence and Research of the Department of State;

(13)
The Office of Intelligence and Analysis of the Department of the Treasury;

(14)
The Office of Intelligence and Analysis of the Department of Homeland Security;

(15)
The intelligence and counterintelligence elements of the Coast Guard; and

(16)
Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director and the head of the department or agency concerned, as an element of the Intelligence Community.

(i)
National Intelligence and Intelligence Related to National Security means all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that pertains, as determined consistent with any guidance issued by the President, or that is determined for the purpose of access to information by the Director in accordance with section 1.3(a)(1) of this order, to pertain to more than one United States Government agency; and that involves threats to the United States, its people, property, or interests; the development, proliferation, or use of weapons of mass destruction; or any other matter bearing on United States national or homeland security.

(j)
The National Intelligence Program means all programs, projects, and activities of the Intelligence Community, as well as any other programs of the Intelligence Community designated jointly by the Director and the head of a United States department or agency or by the President. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces.

(k)
United States person means a United States citizen, an alien known by the intelligence element concerned to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.

3.6 Revocation. Executive Orders 13354 and 13355 of August 27, 2004, are revoked; and paragraphs 1.3(b)(9) and (10) of Part 1 supersede provisions within Executive Order 12958, as amended, to the extent such 3.7 General Provisions.
(a)
Consistent with section 1.3(c) of this order, nothing in this order shall be construed to impair or otherwise affect:

(1)
Authority granted by law to a department or agency, or the head thereof; or

(2)
Functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(b)
This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)
This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies or entities, its officers, employees, or agents, or any other person.

/s/ Ronald Reagan
THE WHITE HOUSE
December 4, 1981

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Vienna Convention on the Law of Treaties X N/A 111

VIENNA CONVENTION ON THE
LAW OF TREATIES

SIGNED AT VIENNA 23 MAY 1969
ENTRY INTO FORCE: 27 JANUARY 1980

The States Parties to the present Convention
Considering the fundamental role of treaties in the history of international relations,
Recognizing the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful co-operation among nations, whatever their constitutional and social systems,
Noting that the principles of free consent and of good faith and the pacta sunt servanda rule are universally recognized,
Affirming that disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law,
Recalling the determination of the peoples of the United Nations to establish conditions under which justice and respect for the obligations arising from treaties can be maintained,
Having in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all,
Believing that the codification and progressive development of the law of treaties achieved in the present Convention will promote the purposes of the United Nations set forth in the Charter, namely, the maintenance of international peace and security, the development of friendly relations and the achievement of co-operation among nations,
Affirming that the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention,
Have agreed as follows:
Part I
Introduction
Article 1
Scope of the present Convention

The present Convention applies to treaties between States.
Article 2
Use of terms

1. For the purposes of the present Convention:
(a)
‘treaty’ means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation;

(b)
‘ratification’, ‘acceptance’, ‘approval’ and ‘accession’ mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty;

(c)
‘full powers’ means a document emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect to a treaty;

(d)
‘reservation’ means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State;

(e)
‘negotiating State’ means a State which took part. in the drawing up and adoption of the text of the treaty;

(f)
‘contracting State’ means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force;

(g)
‘party’ means a State which has consented to be bound by the treaty and for which the treaty is in force;

(h)
‘third State’ means a State not a party to the treaty;

(i)
‘international organization’ means an intergovernmental organization.

2. The provisions of paragraph 1 regarding the use of terms in the present Convention are without prejudice to the use of those terms or to the meanings which may be given to them in the internal law of any State.
Article 3
International agreements not within the scope of the present Convention
The fact that the present Convention does not apply to international agreements concluded between States and other subjects of international law or between such other subjects of international law, or to international agreements not in written form, shall not affect:
(a) the legal force of such agreements;
(b)
the application to them of any of the rules set forth in the present Convention to which they would be subject under international law independently of the Convention;

(c)
the application of the Convention to the relations of States as between themselves under international agreements to which other subjects of international law are also parties.

Article 4
Non-retroactivity of the present Convention
Without prejudice to the application of any rules set forth in the present Convention to which treaties would be subject under international law independently of the Convention, the Convention applies only to treaties which are concluded by States after the entry into force of the present Convention with regard to such States.
Article 5
Treaties constituting international organizations and treaties adopted within an international organization
The present Convention applies to any treaty which is the constituent instrument of an international organization and to any treaty adopted within an international organization without prejudice to any relevant rules of the organization.
Part II
Conclusion and Entry into Force of
Treaties

Section 1
Conclusion of Treaties
Article 6
Capacity of States to conclude treaties
Every State possesses capacity to conclude treaties.
Article 7
Full powers
1. A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:
(a) he produces appropriate full powers; or
(b) it appears from the practice of the States concerned or from other circumstances that their intention was to consider that person as representing the State for such purposes and to dispense with full powers.
2. In virtue of their functions and without having to produce full powers, the following are considered as representing their State:
(a)
Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of performing all acts relating to the conclusion of a treaty;

(b)
heads of diplomatic missions, for the purpose of adopting the text of a treaty between the accrediting State and the State to which they are accredited;

(c)
representatives accredited by States to an international conference or to an international organization or one of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ.

Article 8
Subsequent confirmation of an act performed without authorization
An act relating to the conclusion of a treaty performed by a person who cannot be considered under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards confirmed by that State.

Article 9
Adoption of the text

1.
The adoption of the text of a treaty takes place by the consent of all the States participating in its drawing up except as provided in paragraph 2.

2.
The adoption of the text of a treaty at an international conference takes place by the vote of two-thirds of the States present and voting, unless by the same majority they shall decide to apply a different rule.

Article 10
Authentication of the text

The text of a treaty is established as authentic and definitive:
(a)
by such procedure as may be provided for in the text or agreed upon by the States participating in its drawing up; or

(b)
failing such procedure, by the signature, signature ad referendum or initialling by the representatives of those States of the text of the treaty or of the Final Act of a conference incorporating the text.

Article 11

Means of expressing consent to be bound by a treaty
The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means if so agreed.
Article 12
Consent to be bound by a treaty expressed by signature

1. The consent of a State to be bound by a treaty is expressed by the signature of its representative when:
(a)
the treaty provides that signature shall have that effect;

(b)
it is otherwise established that the negotiating States were agreed that signature should have that effect; or

(c)
the intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation.

2. For the purposes of paragraph 1:
(a) the initialling of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed;
(b) the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a full signature of the treaty.
Article 13
Consent to be bound by a treaty expressed by an exchange of instruments constituting a treaty

The consent of States to be bound by a treaty constituted by instruments exchanged between them is expressed by that exchange when:
(a)
the instruments provide that their exchange shall have that effect; or

(b)
it is otherwise established that those States were agreed that the exchange of instruments should have that effect

Article 14
Consent to be bound by a treaty expressed by ratification, acceptance or approval

1. The consent of a State to be bound by a treaty is expressed by ratification when:
(a)
the treaty provides for such consent to be expressed by means of ratification;

(b)
it is otherwise established that the negotiating States were agreed that ratification should be required;

(d)
the intention of the State to sign the treaty subject to ratification appears from the full powers of its representative or was expressed during the negotiation.

2. The consent of a State to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply to ratification.
Article 15
Consent to be bound by a treaty expressed by accession

The consent of a State to be bound by a treaty is expressed by accession when:
(a)
the treaty provides that such consent may be expressed by that State by means of accession;

(b)
it is otherwise established that the negotiating States were agreed that such consent may be expressed by that State by means of accession; or

Article 16.
Exchange or deposit of instruments of ratification, acceptance, approval or accession
Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or accession establish the consent of a State to be bound by a treaty upon:
(a)
their exchange between the contracting States;

(b)
their deposit with the depositary; or

(c) their notification to the contracting States or to the depositary, if so agreed.
Article 17
Consent to be bound by part. of a treaty and choice of differing provisions
1.
Without prejudice to articles 19 to 23, the consent of a State to be bound by part. of a treaty is effective only if the treaty so permits or the other contracting States so agree.

2.
The consent of a State to be bound by a treaty which permits a choice between differing provisions is effective only if it is made clear to which of the provisions the consent relates.

Article 18
Obligation not to defeat the object and purpose of a treaty prior to its entry into force
A State is obliged to refrain from acts which would defeat the object and purpose of a treaty when:
(a)
it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or

(b)
it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed.

Section 2
Reservations
Article 19
Formulation of reservations
A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation unless:
(a) the reservation is prohibited by the treaty;
(b)
the treaty provides that only specified reservations, which do not include the reservation in question, may be made; or

(c)
in cases not falling under sub-paragraphs (a) and (b), the reservation is incompatible with the object and purpose of the treaty.

Article 20
Acceptance of and objection to reservations
1.
A reservation expressly authorized by a treaty does not require any subsequent acceptance by the other contracting States unless the treaty so provides.

2.
When it appears from the limited number of the negotiating States and the object and purpose of a treaty that the application of the treaty in its entirety between all the parties is an essential condition of the consent of each one to be bound by the treaty, a reservation requires acceptance by all the parties.

3.
When a treaty is a constituent instrument of an international organization and unless it otherwise provides, a reservation requires the acceptance of the competent organ of that organization.

4.
In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:

(a)
acceptance by another contracting State of a reservation constitutes the reserving State a party to the treaty in relation to that other State if or when the treaty is in force for those States;

(b)
an objection by another contracting State to a reservation does not preclude the entry into force of the treaty as between the objecting and reserving States unless a contrary intention is definitely expressed by the objecting State;

(c)
an act expressing a State's consent to be bound by the treaty and containing a reservation is effective as soon as at least one other contracting State has accepted the reservation.

5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise provides, a reservation is considered to have been accepted by a State if it shall have raised no objection to the reservation by the end of a period of twelve months after it was notified of the reservation or by the date on which it expressed its consent to be bound by the treaty, whichever is later.
Article 21
Legal effects of reservations and of objections to reservations
1. A reservation established with regard to another party in accordance with articles 19, 20 and 23:

(a)
modifies for the reserving State in its relations with that other party the provisions of the treaty to which the reservation relates to the extent of the reservation; and

(b)
modifies those provisions to the same extent for that other party in its relations with the reserving State.

2.
The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se.

3.
When a State objecting to a reservation has not opposed the entry into force of the treaty between itself and the reserving State, the provisions to which the reservation relates do not apply as between the two States to the extent of the reservation.

Article 22

Withdrawal of reservations and of objections to reservations
1.
Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the consent of a State which has accepted the reservation is not required for its withdrawal.

2.
Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any time.

3.
Unless the treaty otherwise provides, or it is otherwise agreed:

(a)
the withdrawal of a reservation becomes operative in relation to another contracting State only when notice of it has been received by that State;

(b)
the withdrawal of an objection to a reservation becomes operative only when notice of it has been received by the State which formulated the reservation.

Article 23
Procedure regarding reservations

1.
A reservation, an express acceptance of a reservation and an objection to a reservation must be formulated in writing and communicated to the contracting States and other States entitled to become parties to the treaty.

2.
If formulated when signing the treaty subject to ratification, acceptance or approval, a reservation must be formally confirmed by the reserving State when expressing its consent to be bound by the treaty. In such a case the reservation shall be considered as having been made on the date of its confirmation.

3.
An express acceptance of, or an objection to, a reservation made previously to confirmation of the reservation does not itself require confirmation.

4. The withdrawal of a reservation or of an objection to a reservation must be formulated in writing.
Section 3
Entry into Force and Provisional
Application of Treaties

Article 24
Entry into force

1.
A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree.

2.
Failing any such provision or agreement, a treaty enters into force as soon as consent to be bound by the treaty has been established for all the negotiating States.

3.
When the consent of a State to be bound by a treaty is established on a date after the treaty has come into force, the treaty enters into force for that State on that date, unless the treaty otherwise provides.

4.
The provisions of a treaty regulating the authentication of its text, the establishment of the consent of States to be bound by the treaty, the manner or date of its entry into force, reservations, the functions of the depositary and other matters arising necessarily before the entry into force of the treaty apply from the time of the adoption of its text.

Article 25
Provisional application

1. A treaty or a part. of a treaty is applied provisionally pending its entry into force if:
(a) the treaty itself so provides; or

(b) the negotiating States have in some other manner so agreed.
2. Unless the treaty otherwise provides or the negotiating States have otherwise agreed, the provisional application of a treaty or a part. of a treaty with respect to a State shall be terminated if that State notifies the other States between which the treaty is being applied provisionally of its intention not to become a party to the treaty.
Part III
Observance, Application and
Interpretation of Treaties

Section 1
Observance of Treaties
Article 26
Pacta sunt servanda
Every treaty in force is binding upon the parties to it and must be performed by them in good faith.
Article 27
Internal law and observance of treaties
A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.
Section 2
Application of Treaties
Article 28
Non-retroactivity of treaties
Unless a different intention appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any act or fact which took place or any situation which ceased to exist before the date of the entry into force of the treaty with respect to that party.
Article 29
Territorial scope of treaties
Unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory.
Article 30
Application of successive treaties relating to the same subject-matter
1. Subject to Article 103 of the Charter of the United Nations, the rights and obligations of States parties to successive treaties relating to the same subject-matter shall be determined in accordance with the following paragraphs.
2.
When a treaty specifies that it is subject to, or that it is not to be considered as incompatible with, an earlier or later treaty, the provisions of that other treaty prevail.

3.
When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent that its provisions are compatible with those of the latter treaty.

4.
When the parties to the later treaty do not include all the parties to the earlier one:

(a)
as between States parties to both treaties the same rule applies as in paragraph 3;

(b)
as between a State party to both treaties and a State party to only one of the treaties, the treaty to which both States are parties governs their mutual rights and obligations.

5. Paragraph 4 is without prejudice to article 41, or to any question of the termination or suspension of the operation of a treaty under article 60 or to any question of responsibility which may arise for a State from the conclusion or application of a treaty, the provisions of which are incompatible with its obligations towards another State under another treaty.
Section 3
Interpretation of Treaties
Article 31
General rule of interpretation
1.
A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.

2.
The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes:

(a)
any agreement relating to the treaty which was made between all the parties in connexion with the conclusion of the treaty;

(b)
any instrument which was made by one or more parties in connexion with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty.

3. There shall be taken into account, together with the context:

(a)
any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions;

(b)
any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation;

4. A special meaning shall be given to a term if it is established that the parties so intended.
Article 32
Supplementary means of interpretation

Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31:
(a) leaves the meaning ambiguous or obscure; or

(b) leads to a result which is manifestly absurd or unreasonable.
Article 33

Interpretation of treaties authenticated in two or more languages
1.
When a treaty has been authenticated in two or more languages, the text is equally authoritative in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular text shall prevail.

2.
A version of the treaty in a language other than one of those in which the text was authenticated shall be considered an authentic text only if the treaty so provides or the parties so agree.

3.
The terms of the treaty are presumed to have the same meaning in each authentic text.

4.
Except where a particular text prevails in accordance with paragraph 1, when a comparison of the authentic texts discloses a difference of meaning which the application of articles 31 and 32 does not remove, the meaning which best reconciles the texts, having regard to the object and purpose of the treaty, shall be adopted.

Section 4
Treaties and Third States
Article 34
General rule regarding third States

A treaty does not create either obligations or rights for a third State without its consent.
Article 35
Treaties providing for obligations for third States

An obligation arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to be the means of establishing the obligation and the third State expressly accepts that obligation in writing.
Article 36
Treaties providing for rights for third States

1.
A right arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to accord that right either to the third State, or to a group of States to which it belongs, or to all States, and the third State assents thereto. Its assent shall be presumed so long as the contrary is not indicated, unless the treaty otherwise provides.

2.
A State exercising a right in accordance with paragraph 1 shall comply with the conditions for its exercise provided for in the treaty or established in conformity with the treaty.

Article 37
Revocation or modification of obligations or rights of third States

1.
When an obligation has arisen for a third State in conformity with article 35, the obligation may be revoked or modified only with the consent of the parties to the treaty and of the third State, unless it is established that they had otherwise agreed.

2.
When a right has arisen for a third State in conformity with article 36, the right may not be revoked or modified by the parties if it is established that the right was intended not to be revocable or subject to modification without the consent of the third State.

Article 38 Article 41
Rules in a treaty becoming binding on third States through international custom
Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming binding upon a third State as a customary rule of international law, recognized as such.
Part IV
Amendment and Modification of Treaties
Article 39
General rule regarding the amendment of treaties
A treaty may be amended by agreement between the parties. The rules laid down in Part II apply to such an agreement except in so far as the treaty may otherwise provide.
Article 40
Amendment of multilateral treaties
1.
Unless the treaty otherwise provides, the amendment of multilateral treaties shall be governed by the following paragraphs.

2.
Any proposal to amend a multilateral treaty as between all the parties must be notified to all the contracting States, each one of which shall have the right to take part. in:

(a)
the decision as to the action to be taken in regard to such proposal;

(b)
the negotiation and conclusion of any agreement for the amendment of the treaty.

3.
Every State entitled to become a party to the treaty shall also be entitled to become a party to the treaty as amended.

4.
The amending agreement does not bind any State already a party to the treaty which does not become a party to the amending agreement; article 30, paragraph 4(b), applies in relation to such State.

5.
Any State which becomes a party to the treaty after the entry into force of the amending agreement shall, failing an expression of a different intention by that State:

(a)
be considered as a party to the treaty as amended; and

(b)
be considered as a party to the unamended treaty in relation to any party to the treaty not bound by the amending agreement.

Agreements to modify multilateral treaties between certain of the parties only
1. Two or more of the parties to a multilateral treaty may conclude an agreement to modify the treaty as between themselves alone if:
(a)
the possibility of such a modification is provided for by the treaty; or

(b)
the modification in question is not prohibited by the treaty and:

(i)
does not affect the enjoyment by the other parties of their rights under the treaty or the performance of their obligations;

(ii)
does not relate to a provision, derogation from which is incompatible with the effective execution of the object and purpose of the treaty as a whole.

2. Unless in a case falling under paragraph 1(a) the treaty otherwise provides, the parties in question shall notify the other parties of their intention to conclude the agreement and of the modification to the treaty for which it provides.
Part V
Invalidity, Termination and Suspension of the Operation of Treaties
Section 1
General Provisions
Article 42
Validity and continuance in force of treaties
1.
The validity of a treaty or of the consent of a State to be bound by a treaty may be impeached only through the application of the present Convention.

2.
The termination of a treaty, its denunciation or the withdrawal of a party, may take place only as a result of the application of the provisions of the treaty or of the present Convention. The same rule applies to suspension of the operation of a treaty.

Article 43
Obligations imposed by international law independently of a treaty
The invalidity, termination or denunciation of a treaty, the withdrawal of a party from it, or the suspension of its operation, as a result of the application of the present Convention or of the provisions of the treaty, shall not in any way impair the duty of any State to fulfill any obligation embodied in the treaty to which it would be subject under international law independently of the treaty.

Article 44
Separability of treaty provisions

1.
A right of a party, provided for in a treaty or arising under article 56, to denounce, withdraw from or suspend the operation of the treaty may be exercised only with respect to the whole treaty unless the treaty otherwise provides or the parties otherwise agree.

2.
A ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty recognized in the present Convention may be invoked only with respect to the whole treaty except as provided in the following paragraphs or in article 60.

3.
If the ground relates solely to particular clauses, it may be invoked only with respect to those clauses where:

(a)
the said clauses are separable from the remainder of the treaty with regard to their application;

(b)
it appears from the treaty or is otherwise established that acceptance of those clauses was not an essential basis of the consent of the other party or parties to be bound by the treaty as a whole; and

4.
In cases falling under articles 49 and 50 the State entitled to invoke the fraud or corruption may do so with respect either to the whole treaty or, subject to paragraph 3, to the particular clauses alone.

5.
In cases falling under articles 51, 52 and 53, no separation of the provisions of the treaty is permitted.

Article 45

Loss of a right to invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty
A State may no longer invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty under articles 46 to 50 or articles 60 and 62 if, after becoming aware of the facts:
(a)
it shall have expressly agreed that the treaty is valid or remains in force or continues in operation, as the case may be; or

(b)
it must by reason of its conduct be considered as having acquiesced in the validity of the treaty or in

its maintenance in force or in operation, as the case may be.
Section 2
Invalidity of Treaties
Article 46
Provisions of internal law regarding competence to conclude treaties

1.
A State may not invoke the fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties as invalidating its consent unless that violation was manifest and concerned a rule of its internal law of fundamental importance.

2.
A violation is manifest if it would be objectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith.

Article 47
Specific restrictions on authority to express the consent of a State

If the authority of a representative to express the consent of a State to be bound by a particular treaty has been made subject to a specific restriction, his omission to observe that restriction may not be invoked as invalidating the consent expressed by him unless the restriction was notified to the other negotiating States prior to his expressing such consent.
Article 48
Error

1.
A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if the error relates to a fact or situation which was assumed by that State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound by the treaty.

2.
Paragraph 1 shall not apply if the State in question contributed by its own conduct to the error or if the circumstances were such as to put that State on notice of a possible error.

3.
An error relating only to the wording of the text of a treaty does not affect its validity; article 79 then applies.

Article 49
Fraud
If a State has been induced to conclude a treaty by the fraudulent conduct of another negotiating State, the State may invoke the fraud as invalidating its consent to be bound by the treaty.
Article 50
Corruption of a representative of a State
If the expression of a State's consent to be bound by a treaty has been procured through the corruption of its representative directly or indirectly by another negotiating State, the State may invoke such corruption as invalidating its consent to be bound by the treaty.
Article 51
Coercion of a representative of a State
The expression of a State's consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without any legal effect.
Article 52
Coercion of a State by the threat or use of force
A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations.
Article 53
Treaties conflicting with a peremptory norm of general international law (jus cogens)
A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
Section 3
Termination and Suspension of the
Operation of Treaties

Article 54
Termination of or withdrawal from a treaty under its provisions or by consent of the parties
The termination of a treaty or the withdrawal of a party may take place:
(a)
in conformity with the provisions of the treaty; or

(b)
at any time by consent of all the parties after consultation with the other contracting States.

Article 55
Reduction of the parties to a multilateral treaty below the number necessary for its entry into force
Unless the treaty otherwise provides, a multilateral treaty does not terminate by reason only of the fact that the number of the parties falls below the number necessary for its entry into force.
Article 56
Denunciation of or withdrawal from a treaty containing no provision regarding termination, denunciation or withdrawal
1. A treaty which contains no provision regarding its termination and which does not provide for denunciation or withdrawal is not subject to denunciation or withdrawal unless:
(a)
it is established that the parties intended to admit the possibility of denunciation or withdrawal; or

(b)
a right of denunciation or withdrawal may be implied by the nature of the treaty.

2. A party shall give not less than twelve months’ notice of its intention to denounce or withdraw from a treaty under paragraph 1.
Article 57
Suspension of the operation of a treaty under its provisions or by consent of the parties
The operation of a treaty in regard to all the parties or to a particular party may be suspended:
(a)
in conformity with the provisions of the treaty; or

(b)
at any time by consent of all the parties after consultation with the other contracting States.

Article 58

Suspension of the operation of a multilateral treaty by agreement between certain of the parties only
1. Two or more parties to a multilateral treaty may conclude an agreement to suspend the operation of provisions of the treaty, temporarily and as between themselves alone, if:
(a)
the possibility of such a suspension is provided for by the treaty; or

(b)
the suspension in question is not prohibited by the treaty and:

(i)
does not affect the enjoyment by the other parties of their rights under the treaty or the performance of their obligations;

(ii)
is not incompatible with the object and purpose of the treaty.

Termination or suspension of the operation of a treaty implied by conclusion of a later treaty
1. A treaty shall be considered as terminated if all the parties to it conclude a later treaty relating to the same subject-matter and:
(a)
it appears from the later treaty or is otherwise established that the parties intended that the matter should be governed by that treaty; or

(b)
the provisions of the later treaty are so far incompatible with those of the earlier one that the two treaties are not capable of being applied at the same time.

2. The earlier treaty shall be considered as only suspended in operation if it appears from the later treaty or is otherwise established that such was the intention of the parties.
Article 60

Termination or suspension of the operation of a treaty as a consequence of its breach
1.
A material breach of a bilateral treaty by one of the parties entitles the other to invoke the breach as a ground for terminating the treaty or suspending its operation in whole or in part.

2.
A material breach of a multilateral treaty by one of the parties entitles:

(a)
the other parties by unanimous agreement to suspend the operation of the treaty in whole or in part. or to terminate it either:

(i)
in the relations between themselves and the defaulting State, or

(ii) as between all the parties;

(b)
a party specially affected by the breach to invoke it as a ground for suspending the operation of the treaty in whole or in part. in the relations between itself and the defaulting State;

(c)
any party other than the defaulting State to invoke the breach as a ground for suspending the operation of the treaty in whole or in part. with respect to itself if the treaty is of such a character that a material breach of its provisions by one party radically changes the position of every party with respect to the further performance of its obligations under the treaty.

3. A material breach of a treaty, for the purposes of this article, consists in:
(a)
a repudiation of the treaty not sanctioned by the present Convention; or

(b)
the violation of a provision essential to the accomplishment of the object or purpose of the treaty.

4.
The foregoing paragraphs are without prejudice to any provision in the treaty applicable in the event of a breach.

5.
Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human person contained in treaties of a humanitarian character, in particular to provisions prohibiting any form of reprisals against persons protected by such treaties.

Article 61
Supervening impossibility of performance

1.
A party may invoke the impossibility of performing a treaty as a ground for terminating or withdrawing from it if the impossibility results from the permanent disappearance or destruction of an object indispensable for the execution of the treaty. If the impossibility is temporary, it may be invoked only as a ground for suspending the operation of the treaty.

2.
Impossibility of performance may not be invoked by a party as a ground for terminating, withdrawing from or suspending the operation of a treaty if the impossibility is the result of a breach by that party either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty.

Article 62
Fundamental change of circumstances
1. A fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a ground for terminating or withdrawing from the treaty unless:
(a)
the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty; and

(b)
the effect of the change is radically to transform the extent of obligations still to be performed under the treaty.

2. A fundamental change of circumstances may not be invoked as a ground for terminating or withdrawing from a treaty:
(a) if the treaty establishes a boundary; or
(b) if the fundamental change is the result of a breach by the party invoking it either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty.
3. If, under the foregoing paragraphs, a party may invoke a fundamental change of circumstances as a ground for terminating or withdrawing from a treaty it may also invoke the change as a ground for suspending the operation of the treaty.
Article 63
Severance of diplomatic or consular relations
The severance of diplomatic or consular relations between parties to a treaty does not affect the legal relations established between them by the treaty except in so far as the existence of diplomatic or consular relations is indispensable for the application of the treaty.
Article 64
Emergence of a new peremptory norm of general international law (jus cogens)
If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates.
Section 4
Procedure
Article 65
Procedure to be followed with respect to invalidity, termination, withdrawal from or suspension of the operation of a treaty
1.
A party which, under the provisions of the present Convention, invokes either a defect in its consent to be bound by a treaty or a ground for impeaching the validity of a treaty, terminating it, withdrawing from it or suspending its operation, must notify the other parties of its claim. The notification shall indicate the measure proposed to be taken with respect to the treaty and the reasons therefore.

2.
If, after the expiry of a period which, except in cases of special urgency, shall not be less than three months after the receipt of the notification, no party has raised any objection, the party making the notification may carry out in the manner provided in article 67 the measure which it has proposed.

3.
If, however, objection has been raised by any other party, the parties shall seek a solution through the means indicated in article 33 of the Charter of the United Nations.

4.
Nothing in the foregoing paragraphs shall affect the rights or obligations of the parties under any provisions in force binding the parties with regard to the settlement of disputes.

5.
Without prejudice to article 45, the fact that a State has not previously made the notification prescribed in paragraph 1 shall not prevent it from making such notification in answer to another party claiming performance of the treaty or alleging its violation.

Article 66
Procedures for judicial settlement, arbitration and conciliation
If, under paragraph 3 of article 65, no solution has been reached within a period of 12 months following the date on which the objection was raised, the following procedures shall be followed:
(a)
any one of the parties to a dispute concerning the application or the interpretation of articles 53 or 64 may, by a written application, submit it to the International Court of Justice for a decision unless the parties by common consent agree to submit the dispute to arbitration;

(b)
any one of the parties to a dispute concerning the application or the interpretation of any of the other articles in Part V of the present Convention may set in

motion the procedure specified in the Annex to the Convention by submitting a request to that effect to the Secretary-General of the United Nations.
Article 67

Instruments for declaring invalid, terminating, withdrawing from or suspending the operation of a treaty
1.
The notification provided for under article 65 paragraph 1 must be made in writing.

2.
Any act declaring invalid, terminating, withdrawing from or suspending the operation of a treaty pursuant to the provisions of the treaty or of paragraphs 2 or 3 of article 65 shall be carried out through an instrument communicated to the other parties. If the instrument is not signed by the Head of State, Head of Government or Minister for Foreign Affairs, the representative of the State communicating it may be called upon to produce full powers.

Article 68

Revocation of notifications and instruments provided for in articles 65 and 67
A notification or instrument provided for in articles 65 or 67 may be revoked at any time before it takes effect.
Section 5

Consequences of the Invalidity, Termination or Suspension of the Operation of a Treaty
Article 69
Consequences of the invalidity of a treaty

1.
A treaty the invalidity of which is established under the present Convention is void. The provisions of a void treaty have no legal force.

2.
If acts have nevertheless been performed in reliance on such a treaty:

(a)
each party may require any other party to establish as far as possible in their mutual relations the position that would have existed if the acts had not been performed;

(b)
acts performed in good faith before the invalidity was invoked are not rendered unlawful by reason only of the invalidity of the treaty.

3. In cases falling under articles 49, 50, 51 or 52, paragraph 2 does not apply with respect to the party to which the fraud, the act of corruption or the coercion is imputable.
4. In the case of the invalidity of a particular State's consent to be bound by a multilateral treaty, the foregoing rules apply in the relations between that State and the parties to the treaty.
Article 70
Consequences of the termination of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty under its provisions or in accordance with the present Convention:
(a)
releases the parties from any obligation further to perform the treaty;

(b)
does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination.

2. If a State denounces or withdraws from a multilateral treaty, paragraph 1 applies in the relations between that State and each of the other parties to the treaty from the date when such denunciation or withdrawal takes effect.
Article 71
Consequences of the invalidity of a treaty which conflicts with a peremptory norm of general international law

1. In the case of a treaty which is void under article 53 the parties shall:
(a)
eliminate as far as possible the consequences of any act performed in reliance on any provision which conflicts with the peremptory norm of general international law; and

(b)
bring their mutual relations into conformity with the peremptory norm of general international law.

2. In the case of a treaty which becomes void and terminates under article 64, the termination of the treaty:
(a)
releases the parties from any obligation further to perform the treaty;

(b)
does not affect any right, obligation or legal situation of the parties created through the execution of the treaty prior to its termination; provided that those rights, obligations or situations may thereafter be maintained only to the extent that their maintenance is not in itself in conflict with the new peremptory norm of general international law.

Article 72 Part VII
Consequences of the suspension of the operation of a treaty
1. Unless the treaty otherwise provides or the parties otherwise agree, the suspension of the operation of a treaty under its provisions or in accordance with the present Convention:
(a)
releases the parties between which the operation of the treaty is suspended from the obligation to perform the treaty in their mutual relations during the period of the suspension;

(b)
does not otherwise affect the legal relations between the parties established by the treaty.

2. During the period of the suspension the parties shall refrain from acts tending to obstruct the resumption of the operation of the treaty.
Part VI
Miscellaneous Provisions
Article 73
Cases of State succession, State responsibility and outbreak of hostilities
The provisions of the present Convention shall not prejudge any question that may arise in regard to a treaty from a succession of States or from the international responsibility of a State or from the outbreak of hostilities between States.
Article 74
Diplomatic and consular relations and the conclusion of treaties
The severance or absence of diplomatic or consular relations between two or more States does not prevent the conclusion of treaties between those States. The conclusion of a treaty does not in itself affect the situation in regard to diplomatic or consular relations.
Article 75
Case of an aggressor State
The provisions of the present Convention are without prejudice to any obligation in relation to a treaty which may arise for an aggressor State in consequence of measures taken in conformity with the Charter of the United Nations with reference to that State's aggression.
Depositaries, Notifications, Corrections and Registration
Article 76
Depositaries of treaties
1.
The designation of the depositary of a treaty may be made by the negotiating States, either in the treaty itself or in some other manner. The depositary may be one or more States, an international organization or the chief administrative officer of the organization.

2.
The functions of the depositary of a treaty are international in character and the depositary is under an obligation to act impartially in their performance. In particular, the fact that a treaty has not entered into force between certain of the parties or that a difference has appeared between a State and a depositary with regard to the performance of the latter's functions shall not affect that obligation.

Article 77
Functions of depositaries
1. The functions of a depositary, unless otherwise provided in the treaty or agreed by the contracting States, comprise in particular:
(a)
keeping custody of the original text of the treaty and of any full powers delivered to the depositary;

(b)
preparing certified copies of the original text and preparing any further text of the treaty in such additional languages as may be required by the treaty and transmitting them to the parties and to the States entitled to become parties to the treaty;

(c)
receiving any signatures to the treaty and receiving and keeping custody of any instruments, notifications and communications relating to it;

(d)
examining whether the signature or any instrument, notification or communication relating to the treaty is in due and proper form and, if need be, bringing the matter to the attention of the State in question;

(e)
informing the parties and the States entitled to become parties to the treaty of acts, notifications and communications relating to the treaty;

(f)
informing the States entitled to become parties to the treaty when the number of signatures or of instruments of ratification, acceptance, approval or accession required for the entry into force of the treaty has been received or deposited;

(g)
registering the treaty with the Secretariat of the United Nations;

(h)
performing the functions specified in other provisions of the present Convention.

2. In the event of any difference appearing between a State and the depositary as to the performance of the latter's functions, the depositary shall bring the question to the attention of the signatory States and the contracting States or, where appropriate, of the competent organ of the international organization concerned.
Article 78
Notifications and communications

Except as the treaty or the present Convention otherwise provide, any notification or communication to be made by any State under the present Convention shall:
(a)
if there is no depositary, be transmitted direct to the States for which it is intended, or if there is a depositary, to the latter;

(b)
be considered as having been made by the State in question only upon its receipt by the State to which it was transmitted or, as the case may be, upon its receipt by the depositary;

(c)
if transmitted to a depositary, be considered as received by the State for which it was intended only when the latter State has been informed by the depositary in accordance with article 77, paragraph 1(e).

Article 79

Correction of errors in texts or in certified copies of treaties
1. Where, after the authentication of the text of a treaty, the signatory States and the contracting States are agreed that it contains an error, the error shall, unless they decide upon some other means of correction, be corrected:
(a)
by having the appropriate correction made in the text and causing the correction to be initialled by duly authorized representatives;

(b)
by executing or exchanging an instrument or instruments setting out the correction which it has been agreed to make; or

2. Where the treaty is one for which there is a depositary, the latter shall notify the signatory States and the contracting States of the error and of the proposal to correct it and shall specify an appropriate time-limit within which objection to the proposed correction may be raised. If, on the expiry of the time-limit:
(a)
no objection has been raised, the depositary shall make and initial the correction in the text and shall execute a proce.-verbal of the rectification of the text and communicate a copy of it to the parties and to the States entitled to become parties to the treaty;

(b)
an objection has been raised, the depositary shall communicate the objection to the signatory States and to the contracting States.

3.
The rules in paragraphs 1 and 2 apply also where the text has been authenticated in two or more languages and it appears that there is a lack of concordance which the signatory States and the contracting States agree should be corrected.

4.
The corrected text replaces the defective text ab initio, unless the signatory States and the contracting States otherwise decide.

5.
The correction of the text of a treaty that has been registered shall be notified to the Secretariat of the United Nations.

6.
Where an error is discovered in a certified copy of a treaty, the depositary shall execute a proce.-verbal specifying the rectification and communicate a copy of it to the signatory States and to the contracting Slates.

Article 80
Registration and publication of treaties

1.
Treaties shall, after their entry into force, be transmitted to the Secretariat of the United Nations for registration or filing and recording, as the case may be, and for publication.

2.
The designation of a depositary shall constitute authorization for it to perform the acts specified in the preceding paragraph.

Part VIII
Final Provisions
Article 81
Signature

The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a party to the Convention, as follows: until 30 November 1969, at the Federal Ministry for Foreign Affairs of the Republic of Austria, and subsequently, until 30 April 1970, at United Nations Headquarters, New York.
Article 82
Ratification
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 83
Accession
The present Convention shall remain open for accession by any State belonging to any of the categories mentioned in article 81. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 84
Entry into force
1.
The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession.

2.
For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article 85
Authentic texts
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.
DONE at Vienna, this twenty-third day of May, one thousand nine hundred and sixty-nine.
ANNEX

1.
A list of conciliators consisting of qualified jurists shall be drawn up and maintained by the Secretary-General of the United Nations. To this end, every State which is a Member of the United Nations or a party to the present Convention shall be invited to nominate two conciliators, and the names of the persons so nominated shall constitute the list. The term of a conciliator, including that of any conciliator nominated to fill a casual vacancy, shall be five years and may be renewed. A conciliator whose term expires shall continue to fulfill any function for which he shall have been chosen under the following paragraph.

2.
When a request has been made to the Secretary-General under article 66, the Secretary-General shall bring the dispute before a conciliation commission constituted as follows:

The State or States constituting one of the parties to the dispute shall appoint:
(a)
one conciliator of the nationality of that State or of one of those States, who may or may not be chosen from the list referred to in paragraph 1; and

(b)
one conciliator not of the nationality of that State or of any of those States, who shall be chosen from the list.

The State or States constituting the other party to the dispute shall appoint two conciliators in the same way. The four conciliators chosen by the parties shall be appointed within sixty days following the date on which the Secretary-General receives the request.
The four conciliators shall, within sixty days following the date of the last of their own appointments, appoint a fifth conciliator chosen from the list, who shall be chairman.
If the appointment of the chairman or of any of the other conciliators has not been made within the period prescribed above for such appointment, it shall be made by the Secretary-General within sixty days following the expiry of that period. The appointment of the chairman may be made by the Secretary-General either from the list or from the membership of the International Law Commission. Any of the periods within which appointments must be made may be extended by agreement between the parties to the dispute.
Any vacancy shall be filled in the manner prescribed for the initial appointment.
3. The Conciliation Commission shall decide its own procedure. The Commission, with the consent of the parties to the dispute, may invite any party to the treaty to submit to it its views orally or in writing. Decisions and recommendations of the Commission shall be made by a majority vote of the five members.

4.
The Commission may draw the attention of the parties to the dispute to any measures which might facilitate an amicable settlement.

5.
The Commission shall hear the parties, examine the claims and objections, and make proposals to the parties with a view to reaching an amicable settlement of the dispute.

6.
The Commission shall report within twelve months of its constitution. Its report shall be deposited with the Secretary-General and transmitted to the parties to the dispute. The report of the Commission, including any conclusions stated therein regarding the facts or questions of law, shall not be binding upon the parties and it shall have no other character than that of recommendations submitted for the consideration of the parties in order to facilitate an amicable settlement of the dispute.

7.
The Secretary-General shall provide the Commission with such assistance and facilities as it may require. The expenses of the Commission shall be borne by the United Nations.

U.S. OBJECTIONS

26 May 1971
The Government of the United States of America objects to reservation E of the Syrian instrument of accession:
“In the view of the United States Government that reservation is incompatible with the object and purpose of the Convention and undermines the principle of impartial settlement of disputes concerning the invalidity, termination, and suspension of the operation of treaties, which was the subject of extensive negotiation at the Vienna Conference.
The United States Government intends, at such time as it may become a party to the Vienna Convention on the Law of Treaties, to reaffirm its objection to the foregoing reservation and to reject treaty relations with the Syrian Arab Republic under all provisions in Part V of the Convention with regard to which the Syrian Arab Republic has rejected the obligatory conciliation procedures set forth in the Annex to the Convention.
The United States Government is also concerned about Syrian reservation C declaring that the Syrian Arab Republic does not accept the non-applicability of the principle of a fundamental change of circumstances with regard to treaties establishing boundaries, as stated in Article 62, 2 (a), and Syrian reservation D concerning its interpretation of the expression ‘the threat or use of force’ in Article 52. However, in view of the United States Government’s intention to reject treaty relations with the Syrian Arab Republic under all provisions in Part V to which reservations C and D relate, we do not consider it necessary at this time to object formally to those reservations.
The United States Government will consider that the absence of treaty relations between the United States of America and the Syrian Arab Republic with regard to certain provisions in Part V will not in any way impair the duty of the latter to fulfill any obligation embodied in those provisions to which it is subject under international law independently of the Vienna Convention on the Law of Treaties.”
29 September 1972
“. . . The United States of America objects to the reservation by Tunisia to paragraph (a) of Article 66 of the Vienna Convention on the Law of Treaties regarding a dispute as to the interpretation or application of Article 53 or 64. The right of a party to invoke the provisions of Article 53 or 64 is inextricably linked with the provisions of Article 42 regarding impeachment of the validity of a treaty and paragraph
(a) of Article 66 regarding the right of any party to submit to the International Court of Justice for decision any dispute concerning the application or the interpretation of Article 53 or 64.
Accordingly, the United States Government intends, at such time as it becomes a party to the Convention, to reaffirm its objection to the Tunisian reservation and declare that it will not consider that Article 53 or 64 of the Convention is in force between the United States of America and Tunisia.”
LETTER OF TRANSMITTAL
THE White HOUSE, November 22, 1971. To the Senate of the United States:

I am transmitting herewith, for the advice and consent of the Senate to ratification, the Vienna Convention on the Law of Treaties signed for the United States on April 24, 1970. The Convention is the outcome of many years of careful preparatory work by the International Law Commission, followed by a two-session conference of 110 nations convened under United Nations auspices in 1968 and 1969. The conference was the sixth in a series called by the General Assembly of the United Nations for the purpose of encouraging the progressive development and codification of international law.
The growing importance of treaties in the orderly conduct of international relations has made increasingly evident the need for clear, well-defined, and readily ascertainable rules of international law applicable to treaties. I believe that the codification of treaty law formulated by representatives of the international community and embodied in the Vienna Convention meets this need.
The international community as a whole will surely benefit from the adoption of uniform rules on such subjects as the conclusion and entry into force of treaties, their interpretation and application, and other technical matters. Even more significant, however, are the orderly procedures of the Convention for dealing with needed adjustments and changes in treaties, along with its strong reaffirmation of the basic principle pacta sunt servanda—the rule that treaties are binding on the parties and must be performed in good faith. The provisions on judicial settlement, arbitration and conciliation, including the possibility that a dispute concerning a peremptory norm of international law can be referred to the International Court of Justice, should do much to enhance the stability of treaty relationships throughout the world.
I am enclosing the report of the Secretary of State, describing the provisions of the Convention in detail.
The Vienna Convention can be an important tool in the development of international law. I am pleased to note that it has been endorsed by the House of Delegates of the American Bar Association and I urge the Senate to give its advice and consent to ratification.
RICHARD NIXON

(Enclosures: (1) Report of the Secretary of State. (2) Copy of the Convention.)
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LETTER OF SUBMITTAL
DEPARTMENT OF STATE, Washington, October 18, 1971.

The PRESIDENT, The White House.
THE PRESIDENT: I have the honor to submit to you the Vienna Convention on the Law of Treaties, adopted on May 23, 1969 by the United Nations Conference on the Law of Treaties, and signed for the United States on April 24, 1970. I recommend that you transmit it to the Senate for advice and consent to ratification.
The Convention sets forth a generally agreed body of rules to govern all aspects of treaty making and treaty observance. It is the product of two sessions of a 110-nation Conference on the Law of Treaties convened in Vienna under United Nations auspices from March 21 to May 24, 1968 and from April 9 to May 23, 1969.
The Treaties Conference took as the basis of its work draft articles drawn up by the International Law Commission in the course of eighteen years of work. At its first session in 1949 the Commission had selected the law of treaties as a priority topic for codification. Growing support for a written code of international treaty law came not only from newly independent States that wished to participate in such an endeavor, but from many older States that favored clarification and modernization of the law of treaties. As a result the General Assembly of the United Nations in 1966 unanimously adopted resolution 2166 (XXI) convening the Law of Treaties Conference.
The Treaties Convention which emerged from the Vienna Conference is an expertly designed formulation of contemporary treaty law and should contribute importantly to the stability of treaty relationships. Although not yet in force, the Convention is already generally recognized as the authoritative guide to current treaty law and practice.
The Convention sets forth rules on such subjects as conclusion and entry into force of treaties, the observance, application, and interpretation of treaties, and depositary procedures. More importantly, it contains impartial procedures for dealing with disputes arising out of assertions of invalidity, termination and suspension of the operation of treaties, thus realizing a basic United States objective. The Convention consists of eight parts. Procedures for handling most important disputes are contained in an Annex. The major provisions of the Convention are as follows:
Part I—Introduction
The Convention applies to treaties between States (Article 1) but only to treaties concluded after the entry into force of the Convention with regard to such States (Article 4).
“Treaty” is defined as an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation (Article 2). Thus it applies not only to formal treaties but to agreements in simplified form, such as exchanges of notes. Article 2 also defines other terms used in the Convention, but specifies that the Convention’s use of terms is “without prejudice to the use of those terms or to the meanings which may be given to them in the internal law of any State.”
Although the Convention does not apply to unwritten agreements, or to agreements concluded by or with international organizations, it asserts that the legal force of such other agreements or the application to them of any of the rules of international law to which they are subject independently of the Convention is not affected (Article 3).
The non-retroactivity feature (Article 4) is of substantial importance because it avoids the possibility of reopening old international disputes. This is especially true with regard to long-standing boundary disputes.
Part II—Conclusion and Entry into Force of Treaties
The rules in this part. are primarily technical. Section I relates to such matters as Full Powers or other evidence of authority; adoption and authentication of texts; and the means of expressing consent to be bound by a treaty (Articles 717).
Article 18 sets forth rules governing the obligation of States not to defeat the object and purpose of a treaty prior to its entry into force. That obligation is limited to (a) States that have signed a treaty or exchanged ad referendum
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instruments constituting a treaty, until such time as they make clear their intention not to become a party, and (b) States that have expressed consent to be bound, pending entry into force and provided such entry into force is not unduly delayed. This rule is widely recognized in customary international law.
Part 2 of Section II sets forth the rules on reservations to treaties (Articles 19-23). The articles reflect flexible current treaty practice with regard to multilateral treaties as generally followed since World War II. The earlier traditional rule on reservations had been that in order for a State to become party to a multilateral treaty with a reservation the unanimous consent of the other parties was required. That rule has given way in practice to it more flexible approach, particularly after the International Court of Justice in 1951 handed down its Advisory Opinion on Reservations to the Genocide Convention. The Court’s opinion in the case stated “The reserving State can be regarded as being a party to the Convention if the reservation is compatible with the object and purpose of the Convention.” The compatibility rule has been incorporated in Article 19 of the Convention. It applies in those cases where the reservation is not expressly excluded by the terms of the treaty.
The right of other States to object to a reservation and to refuse treaty relations with the reserving State is maintained in Article 20. That article also provides the practical rule that a reservation is considered to have been accepted by a State that fails to object either within twelve months after being notified thereof or by the date on which it expresses its own consent to be bound, whichever is later.
Section 3 of Part II governs entry into force of treaties and provides for their provisional application, pending entry into force, if such application has been agreed.
Part III—Observance, Application and Interpretation of Treaties
The articles in Section I relating to observance of treaties are of cardinal importance. The foundation upon which the treaty structure is based is the principle pacta sunt servanda, expressed in Article 26 as follows:
“Every treaty in force is binding upon the parties to it and must be performed by them in good faith.”
The most significant action of the Law of Treaties Conference with respect to this part. was the defeat of an attempt by some States to weaken the article by use of such expressions as “Every valid treaty” or “Treaties which have been regularly concluded.” Phrases such as these might have encouraged States to assert a right of non-performance or termination before any claim of invalidity had been established. The article was adopted in the twelfth plenary meeting without a dissenting vote.
Article 27 on internal law and observance of treaties restates the long-standing principle of customary international law that a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. The rule is consistent with United States practice over many years in declining to accept provisions of internal law as justifying nonperformance by a State of its treaty obligations to the United States. At the same time the article does not change the way in which the effect of a treaty within the framework of domestic law is determined. In explaining its vote in favor of Article 27, the U.S. Delegation observed:
“There is a hierarchy of differing legal rules in the internal legislation of most States. Constitutional provisions are
very generally given primacy. Statutes, resolutions, and administrative provisions, all of which may be
authoritative, may have different weights. Treaty provisions, when viewed as internal law, necessarily have to be
fitted into that hierarchy.

“Each State is entitled to determine which legal formulation has greater internal authority in case of conflict among
internal enactments. Article 27 in no way abridges that right . . .”
The articles of Section 2 contain rules on the non-retroactivity of treaties, their territorial scope and the difficult problem of application of successive treaties dealing with the same subject matter. Article 30 lays down a set of principles to determine priorities among inconsistent obligations. In essence it provides that (a) if a treaty states it is subject to another treaty, the other treaty governs; (b) as between parties to one treaty who become parties to a second; the second governs on any point where it is incompatible with the first; (c) if some parties to the first are not parties to the second, and vice versa, the first governs between a party to both and a party only to the first; the second governs between a party to both and a party only to the second.
The articles of Section 3 on interpretation of treaties emphasize the importance of the text in the interpretative process. Article 31 requires that a treaty “be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.” Context is narrowly defined as comprising, “in addition to the text, including its preamble and annexes”, related agreements made by all the parties and
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instruments made by less than all the parties but accepted by all as related to the treaty. Elements extrinsic to the text which are to be taken into account are limited to subsequent agreements between the parties, subsequent practice establishing agreement, and relevant rules of international law.
Article 32 allows recourse to “supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of Article 31, or to determine the meaning when the interpretation according to Article 31: (a) leaves the meaning ambiguous or obscure; or
(b) leads to a result which is manifestly absurd or unreasonable.”
Five articles in Section 4 deal with treaties and third States. Article 34 sets forth the traditional rule that a treaty does not create either obligations or rights for a third State without its consent. Subsequent articles provide that a third State must expressly consent to treaties creating obligations for it, whereas it would be assumed to assent to a treaty giving it rights, unless the treaty otherwise provides. Article 37 provides for revocation or modification of obligations or rights of third States, and Article 38 prevents the preceding articles from barring a rule set forth in a treaty from becoming binding on a third State as a customary rule of international law.
Part IV—Amendment and Modification of Treaties
Articles 39-41 lay down rules for amending and modifying treaties. Article 40 provides needed clarification in the case of multilateral treaties. It safeguards the rights of parties to participate in the amending process by requiring notification to all parties of any proposed amendment and by specifying their right to participate in the decision to be taken on the proposal and in the negotiation and conclusion of any amendment. The right to become party to the new agreement is also extended to every State entitled to become a party to the treaty.
Part V—Invalidity, Termination and Suspension of the Operation of Treaties
Part V sets forth the grounds on which a claim may legitimately be made that a treaty is invalid or subject to termination, denunciation, withdrawal, or suspension. It deals with such grounds as error, fraud, coercion, breach, impossibility of performance, fundamental change of circumstances, and conflict with a peremptory norm of international law (jus cogens).
At the same time it contains a variety of safeguards to protect the stability of the treaty structure. Article 42 subjects all challenges of the continuing force of treaty obligations to the rules of the Law of Treaties Convention. The termination of a treaty, its denunciation or suspension, or the withdrawal of a party may take place only as a result of the application of the provisions of that treaty or the Convention. Article 43 specifies that a State that sheds a treaty obligation does not escape any obligation to which it is subject under international law independently of the treaty.
Article 44 deals with separability of treaty provisions. It permits separability with respect to certain grounds of invalidity where the ground relates solely to particular clauses and where certain criteria as to feasibility and equity are met. Included in such criteria, as a result of a United States proposal, is the requirement that “continued performance of the remainder of the treaty would not be unjust.”
Article 45 is a rule of “good faith and fair dealing” that will protect against ill-founded efforts to avoid meeting treaty obligations. A State may not claim that a treaty is invalid if, after becoming aware of the facts, it expressly agrees that the treaty is valid or is to remaining effect or if (and this would be the case arising most often) it is considered to have acquiesced, by reason of its conduct, in the validity of the treaty or its maintenance in force or effect.
In dealing with the invalidity articles in Section 2 of Part V (Articles 46-53), the chief concern of the United States Delegation was to assure that the grounds of invalidity were stated as precisely and objectively as possible and that there would be procedural or institutional mechanisms to guard against spurious claims of treaty invalidity.
The first of the grounds for invalidity, the effect of a limitation of internal law upon competence to conclude treaties, is stated in Article 46. It provides that a State may not invoke, as invalidating its consent to be bound, the fact that its consent has been expressed in violation of a provision of its internal law regarding competence to conclude treaties unless: (a) the violation was manifest, that is, “objectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith”; and (b) it concerns a rule of the State’s internal law of fundamental importance. At the plenary meeting at which the article was adopted without negative vote, the United States Delegation emphasized that it had supported the article on the basis that it deals solely with the conditions under which a State may invoke internal law on the international plane to invalidate its consent to be bound and that it in no way impinges on internal law regarding competence to conclude treaties insofar as domestic consequences are concerned.
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Article 52 states the principle that a treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the United Nations Charter. A proposal by 19 States that would have amended the rule by defining force to include any “economic or political pressure” was withdrawn after strong opposition by the United States and other concerned powers. Instead, a declaration condemning the threat or use of pressure in any form by a State to coerce any other State to conclude a treaty was adopted by the Conference and annexed to the Final Act.
Article 53 deals with treaties that conflict with a peremptory norm of international law, the jus cogens doctrine. In formulating this article, the International Law Commission started from the principle that there are rules of such fundamental character that no State has the right to set them aside by a treaty. This principle had previously been incorporated in Section 116 of the American Law Institute’s Restatement of the Foreign Relations Law of the United States. Inclusion of the jus cogens principle in the Vienna Convention was almost universally supported, but there was considerable concern with the theoretical manner in which the norm was formulated. Through efforts by the United States and several others, the article was revised to include two important limitations. The first makes clear that in order for a treaty to be void under the article the peremptory norm violated must have existed at the time of the conclusion of the treaty. The second clarification requires a peremptory norm to be “a norm accepted and recognized by the international community of states as a whole . . .”. Inclusion of the latter requirement resulted in broad acceptability of the article. Many delegations had expressed the view that a norm which had not achieved recognition by substantially all States ought not to serve as the basis for claiming a treaty is void. A related article (Article 64) provides that if a new peremptory norm emerges, an existing treaty in conflict with the norm becomes void and terminates.
Section 3 of Part V is entitled Termination and Suspension of the Operation of Treaties. Articles 54, 55, 57, and 58 specify that various aspects of termination and suspension must be dealt with in conformity with the treaty or with the consent of all parties, or, if by agreement between certain of the parties, subject to the same limitations expressed in Article 41 on modification.
Paragraph 1(b) of Article 56 permits denunciation of or withdrawal from a treaty which has no provision on the subject if such right “may be implied by the nature of the treaty”. At the insistence of the United States Delegation a clear legislative history was established that the procedures for settlement of disputes in Section 4 (Articles 65-68) apply to notices of denunciation grounded upon Article 56.
Article 60 recognizes the long-standing doctrine that a material breach of a treaty by one party may be invoked by the other party to terminate the treaty or to suspend the performance of its own obligations under the treaty.
Article 61 on supervening impossibility of performance contains the reasonable rule that a party may invoke impossibility of performance as a ground for terminating or withdrawing from a treaty if an object indispensable for the execution of the treaty permanently disappears or is destroyed. A State may not, however, invoke impossibility of performance if it is the result of a breach by that State of an international obligation.
Article 62, on fundamental change of circumstances, is a carefully phrased version of the doctrine of rebus sic stantibus which has been widely recognized by jurists as a group which under certain conditions may be invoked for terminating or withdrawing from a treaty. An important feature is paragraph 2(a) which precludes invocation of the article as a ground for terminating or withdrawing from a treaty establishing a boundary.
Article 63 makes clear that the severance of diplomatic or consular relations between parties to a treaty does not affect the legal relations established by the treaty except to the extent that the existence of diplomatic or consular relations is indispensable to applying the treaty.
Section 4 of Part V contains articles on the procedure for invoking grounds for invalidity or termination of treaties and for judicial settlement, arbitration and conciliation. During the debates on the preceding articles on invalidity, suspension and termination one of the major concerns of the United States and certain other countries was the need to formulate adequate provisions for dealing with an assertion of the invalidity of a treaty or a claim to unilateral termination or suspension.
The International Law Commission had proposed a procedure for dealing with such assertions that would have required a State to notify the other parties of its claim, of the grounds therefor, and of the action to be taken. If no objection to the proposed action were made within three months, it could then be carried out. If objection were made, a solution was to be sought under the means indicated in Article 33 of the United Nations Charter. In the final analysis Article 33 merely provides that disputes should be settled by peaceful means of the parties’ own choice. The proposed article thus left undecided the crucial question whether a party could go ahead and terminate a treaty if it did not agree with the other parties on a peaceful means of settlement or if the means selected failed to result in a settlement.
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States, such as the United States, that were fighting for the stability of the treaty structure made clear that the Convention would be unacceptable unless some form of impartial dispute settlement procedure was incorporated into it. The basic opposition to any meaningful form of disputes settlement was organized by the Communist bloc. The issue became the overriding one of the Conference. In the closing hours of the second session, the Conference succeeded in adopting a new article on the settlement of disputes, which should adequately protect United States treaty relations from unilateral claims of invalidity by our treaty partners and should contribute to the stability of treaty obligations generally.
Under the new article—Article 66 of the Convention—any party to a dispute arising under the jus cogens articles may invoke the jurisdiction of the International Court of Justice unless the parties agree to submit the dispute to arbitration. In any other dispute arising under Part V—such as claims of invalidity or termination based on error, fraud, breach, or changed circumstances—any party to the dispute may set in motion a conciliation procedure. That procedure, which is set forth in the Annex to the Convention, includes establishment in each Case of a conciliation commission and submission by that commission of a report to the parties and to the Secretary-General of the United Nations. The report may contain findings of fact and conclusions of law, as well as recommendations to the parties for settlement of the dispute, although it is not binding upon them. Paragraph 7 of the Annex provides that the expenses of the commission will be borne by the United Nations. The General Assembly of the United Nations on December 8, 1969 adopted Resolution 2534 (XXIV) approving the provision and requested the Secretary-General to take action accordingly
The provisions for the settlement of disputes meet the requirements of the United States. By contributing to the prompt resolution of disputes relating to validity of treaties they should go far in helping to maintain the stability of treaty relationships throughout the world. The provision for expenses is a desirable innovation and worthwhile investment, since the concern of many newly independent and small States with the cost of third-party settlement procedures had been very real obstacle to their general acceptability.
The Syrian Arab Republic, in depositing its accession to the Convention on October 2, 1970, made several reservations, the most serious of which was to reject the Annex on conciliation procedures. The United States Representative to the United Nations has notified the Secretary-General that the United States objects to that reservation and intends, at such time as it may become a party to the Convention, to reject treaty relations with the Syrian Arab Republic under all provisions in Part V with regard to which that State has rejected the obligatory conciliation procedures set forth in the Annex.
The final section of Part V, Consequences of the Invalidity, Termination, or Suspension of the Operation of a Treaty, includes rules for the unwinding of treaties the invalidity or termination of which has been established under the Convention.
Part VI—Miscellaneous Provisions
Article 73 excludes from the applicability of the Convention questions arising from State succession, State responsibility, or the outbreak of hostilities.
Article 74 provides that severance or absence of diplomatic or consular relations between States does not prevent the conclusion of treaties between them. The rule accords with modern treaty practice.
Part VII—Depositaries, Notifications, Corrections and Registration
As the depositary of more international treaties than any other country, the United States had a substantial interest in the depositary articles and was able to achieve several worthwhile improvements in these technical articles. Article 76 makes clear the international character of the depositary function and the obligation to perform it impartially. Article 77 is a comprehensive catalog of depositary functions. Sensible rules for correction of errors are provided in Article 79.
Part VIII—Final Provisions
Included in Articles 81-85 are standard provisions on signature, ratification, accession, entry into force, and authentic texts. Entry into force requires deposit of thirty-five instruments of ratifications or accession. This is a larger number than required by many earlier treaties, but was considered appropriate because of the fundamental importance of the Convention on the Law of Treaties.
The Vienna Convention on the Law of Treaties is a major achievement in the development and codification of international law. At the opening session of the conference in March 1968, the Legal Counsel of the United Nations,
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Constantin Stavropoulos, described it as the “most important . . . and perhaps also the most difficult” of the series of codification conferences called by the United Nations. By agreeing on uniform rules to govern State practice on a host of technical matters related to the negotiation, adoption, and execution of treaties, the Conference achieved one of its basic objectives. But the Convention on the Law of Treaties has a much larger significance. By codifying the doctrines of jus cogens and rebus sic stantibus, it provides a framework for necessary change. By reasserting the principle of pacta sunt servanda, long recognized as the keystone of the treaty structure, it strengthens the fabric of treaty relationships. By requiring impartial procedures for settlement of disputes, it provides an essential element in minimizing unfounded claims that treaties should be terminated or suspended.
The United States Delegation to the Vienna Conference was led by Richard D. Kearney, United States Member of the International Law Commission. Included on the Delegation at one or both sessions were John R. Stevenson, now Legal Adviser of the Department of State, and Charles I. Bovans, Assistant Legal Adviser for Treaty Affairs; Herbert W. Briggs, Professor of International Law, Cornell University; Myres McDougal, Professor of Law, Yale University; Joseph M. Sweeney, Dean, Law School, Tulane University; and Frank Wozencraft, former Assistant Attorney General, Department of Justice. Others on the United States Delegation were Jared Carter, Robert E. Dalton, Warren Hewitt, Bruce M. Lancaster, and Herbert K. Reis from the Department of State and Ernest C. Grigg III and Robert B. Rosenstock from the United States Mission to the United Nations.
In preparing for the Conference the United States Government worked closely with the Study Group on the Law of Treaties established by the American Society of International Law in 1965. With Professor Oliver Lissitzyn of Columbia University as chairman, this group of eminent international lawyers met regularly with representatives of the Departments of State and Justice.
The Study Group also joined forces with the Special Committee on Treaty Law of the Section of International and Comparative Law of the American Bar Association, of which Eberhard Deutsch is chairman. The comprehensive knowledge, experience, and wisdom of the members of the academic and legal communities serving in these two groups were of incalculable assistance to the Delegation in the formulation of United States policy and planning for the Conference. The House of Delegates of the American Bar Association in July 1971 approved a resolution recommending that the Convention be submitted to the Senate and that the Senate advise and consent to its ratification without reservations.
I believe that the Convention on the Law of Treaties will be an important element in promoting the stability of treaty relationships. I hope that the United States will become a party in the near future.
Respectfully submitted.
WILLIAM P. ROGERS.

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UNIVERSAL DECLARATION OF
HUMAN RIGHTS

G.A. Res. 217A (III), U.N. Doc
A/810 at 71 (1948)

Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3

Everyone has the right to life, liberty and security of person.
Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6

Everyone has the right to recognition everywhere as a person before the law.
Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9 Article 16
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
1.
Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

2.
Marriage shall be entered into only with the free and full consent of the intending spouses.

3.
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13
1.
Everyone has the right to freedom of movement and residence within the borders of each State.

2.
Everyone has the right to leave any country, including his own, and to return to his country.

Article 14
1.
Everyone has the right to seek and to enjoy in other countries asylum from persecution.

2.
This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15
1.
Everyone has the right to a nationality.

2.
No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart. information and ideas through any media and regardless of frontiers.
Article 20
1.
Everyone has the right to freedom of peaceful assembly and association.

2.
No one may be compelled to belong to an association.

Article 21
1.
Everyone has the right to take part. in the government of his country, directly or through freely chosen representatives.

2.
Everyone has the right to equal access to public service in his country.

3.
The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23

1.
Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

2.
Everyone, without any discrimination, has the right to equal pay for equal work.

3.
Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

4.
Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25

1.
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

2.
Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

1.
Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

2.
Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall

further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27

1.
Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

2.
Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29

1.
Everyone has duties to the community in which alone the free and full development of his personality is possible.

2.
In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

3.
These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
International Covenant on Civil and Political Rights X X Following treaty text 165

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
ADOPTED AND OPENED FOR
SIGNATURE, RATIFICATION AND
ACCESSION BY GENERAL ASSEMBLY
RESOLUTION 2200A (XXI) OF 16
DECEMBER 1966

ENTRY INTO FORCE 23 MARCH 1976

Preamble
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,
Agree upon the following articles:
Part I
Article 1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2.
All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3.
The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

Part II
Article 2
1.
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2.
Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3.
Each State Party to the present Covenant undertakes:

(a)
To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b)
To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.
Article 4

1.
In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2.
No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be made under this provision.

3.
Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1.
Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

2.
There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Part III
Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
2.
In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3.
When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4.
Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5.
Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6.
Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Article 8

1.
No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2.
No one shall be held in servitude.

3.
(a) No one shall be required to perform forced or compulsory labour;

(b)
Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(i)
Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii)
Any service of a military character and, in countries where conscientious objection is recognized,

any national service required by law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening the life or wellbeing of the community;
(iv) Any work or service which forms part. of normal civil obligations.
Article 9
1.
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2.
Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3.
Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4.
Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5.
Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10
1.
All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2.
(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.
Article 12
1.
Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2.
Everyone shall be free to leave any country, including his own.

3.
The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4.
No one shall be arbitrarily deprived of the right to enter his own country.

Article 13
An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.
Article 14
1.
All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part. of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2.
Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
(a)
To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b)
To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(d)
To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e)
To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f)
To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g)
Not to be compelled to testify against himself or to confess guilt.

4.
In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5.
Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6.
When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7.
No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 15

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.
Article 16

Everyone shall have the right to recognition everywhere as a person before the law.
Article 17

1.
No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2.
Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1.
Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2.
No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3.
Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

4.
The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1.
Everyone shall have the right to hold opinions without interference.

2.
Everyone shall have the right to freedom of expression; this right shall include freedom to seek,

receive and impart. information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a)
For respect of the rights or reputations of others;

(b)
For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20
1.
Any propaganda for war shall be prohibited by law.

2.
Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
Article 22
1.
Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2.
No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3.
Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 23
1.
The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2.
The right of men and women of marriageable age to marry and to found a family shall be recognized.

3.
No marriage shall be entered into without the free and full consent of the intending spouses.

4.
States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24
1.
Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part. of his family, society and the State.

2.
Every child shall be registered immediately after birth and shall have a name.

3.
Every child has the right to acquire a nationality.

Article 25
Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:
(a)
To take part. in the conduct of public affairs, directly or through freely chosen representatives;

(b)
To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

Article 26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 27
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

Part IV
Article 28

1.
There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.

2.
The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.

3.
The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

1.
The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.

2.
Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.

3.
A person shall be eligible for renomination.

Article 30

1.
The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.

2.
At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.

3.
The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.

4.
Elections of the members of the Committee shall be held at a meeting of the States Parties to the present

Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.
Article 31

1.
The Committee may not include more than one national of the same State.

2.
In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.

Article 32

1.
The members of the Committee shall be elected for a term of four years. They shall be eligible for reelection if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.

2.
Elections at the expiry of office shall be held in accordance with the preceding articles of this part. of the present Covenant.

Article 33

1.
If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.

2.
In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.
2.
The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part. of the present Covenant.

3.
A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.

Article 35
The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities.
Article 36
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.
Article 37
1.
The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.

2.
After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

3.
The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.

Article 38
Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.
Article 39
1.
The Committee shall elect its officers for a term of two years. They may be re-elected.

2.
The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of the members present.
Article 40
1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights:
(a)
Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b)
Thereafter whenever the Committee so requests.

2.
All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

3.
The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.

4.
The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.

5.
The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.

Article 41
1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:
(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;

(b)
If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c)
The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;

(d)
The Committee shall hold closed meetings when examining communications under this article;

(e)
Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;

(f)
In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g)
The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;

(h)
The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i)
If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii)
If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.
Article 42

1. (a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part. of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.
2.
The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.

3.
The Commission shall elect its own Chairman and adopt its own rules of procedure.

4.
The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5.
The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.

6.
The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.

7.
When the Commission has fully considered the matter, but in any event not later than twelve months

after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:
(a)
If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;

(b)
If an amicable solution to the matter on the basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;

(b)
is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;

(d)
If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the responsibilities of the Committee under article
41.
9.
The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

10.
The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.

Article 43
The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.
Part V
Article 46
Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.
Part VI
Article 48
1.
The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.

2.
The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3.
The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4.
Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 44
The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies 5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 49

1.
The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2.
For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.
Article 51

1.
Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2.
Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes.

3.
When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 52

1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph 1 of the same article of the following particulars:
(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51.
Article 53

1.
The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2.
The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.

U.S. RESERVATIONS

(1)
That Article 20 does not authorize or require legislation or other action by the United States that would restrict the right of free speech and association protected by the Constitution and laws of the United States.

(2)
That the United States reserves the right, subject to its Constitutional constraints, to impose capital punishment on any person (other than a pregnant woman) duly convicted under existing or future laws permitting the imposition of capital punishment, including such punishment for crimes committed by persons below eighteen years of age.

(3)
That the United States considers itself bound by Article 7 to the extent that “cruel, inhuman or degrading treatment or punishment” means the cruel and unusual treatment or punishment prohibited by the Fifth, Eighth and/or Fourteenth Amendments to the Constitution of the United States.

(4)
That because U.S. law generally applies to an offender the penalty in force at the time the offense was committed, the United States does not adhere to the third clause of paragraph 1 of Article 15.

(5)
That the policy and practice of the United States are generally in compliance with and supportive of the Covenant's provisions regarding treatment of juveniles in the criminal justice system. Nevertheless, the United States reserves the right, in exceptional circumstances, to treat juveniles as adults, notwithstanding paragraphs 2(b) and 3 of Article 10 and paragraph 4 of Article 14. The United States further reserves to these provisions with respect to individuals who volunteer for military service prior to age 18.

(5) That the United States understands that this
U.S. UNDERSTANDINGS
Covenant shall be implemented by the Federal
(1)
That the Constitution and laws of the United States guarantee all persons equal protection of the law and provide extensive protections against discrimination. The United States understands distinctions based upon race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or any other status—as those terms are used in Article 2, paragraph 1 and Article 26—to be permitted when such distinctions are, at minimum, rationally related to a legitimate governmental objective. The United States further understands the prohibition in paragraph 1 of Article 4 upon discrimination, in time of public emergency, based “solely” on the status of race, color, sex, language, religion or social origin not to bar distinctions that may have a disproportionate effect upon persons of a particular status.

(2)
That the United States understands the right to compensation referred to in Articles 9(5) and 14(6) to require the provision of effective and enforceable mechanisms by which a victim of an unlawful arrest or detention or a miscarriage of justice may seek and, where justified, obtain compensation from either the responsible individual or the appropriate governmental entity. Entitlement to compensation may be subject of the reasonable requirements of domestic law.

(3)
That the United States understands the reference to “exceptional circumstance” in paragraph 2(a) of Article 10 to permit the imprisonment of an accused person with convicted persons where appropriate in light of an individual's overall dangerousness, and to permit accused persons to waive their right to segregation from convicted persons. The United States further understands that paragraph 3 of Article 10 does not diminish the goals of punishment, deterrence, and incapacitation as additional legitimate purposes for a penitentiary system.

(4)
That the United States understands that subparagraphs 3(b) and (d) of Article 14 do not require the provision of a criminal defendant’s counsel of choice when the defendant is provided with court-appointed counsel on grounds of indigence, when the defendant is financially able to retain alternative counsel, or when imprisonment is not imposed. The United States further understands that paragraph 3(e) does not prohibit a requirement that the defendant make a showing that any witness whose attendance he seeks to compel is necessary for his defense. The United States understands the prohibition upon double jeopardy in paragraph 7 to apply only when the judgment of acquittal has been rendered by a court of the same governmental unit, whether the Federal Government or a constituent unit, as is seeking a new trial for the same cause.

Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered therein, and otherwise by the state and local governments; to the extent that state and local governments exercise jurisdiction over such matters, the Federal Government shall take measures appropriate to the Federal system to the end that the competent authorities of the state or local governments may take appropriate measures for the fulfillment of the Covenant.
U.S. DECLARATIONS
(1)
That the United States declares that the provisions of Articles 1 through 27 of the Covenant are not self-executing.

(2)
That it is the view of the United States that States Party to the Covenant should wherever possible refrain from imposing any restrictions or limitations on the exercise of the rights recognized and protected by the Covenant, even when such restrictions and limitations are permissible under the terms of the Covenant. For the United States, Article 5, paragraph 2, which provides that fundamental human rights existing in any State Party may not be diminished on the pretext that the Covenant recognizes them to a lesser extent, has particular relevance to Article 19, paragraph 3, which would permit certain restrictions on the freedom of expression. The United States declares that it will continue to adhere to the requirements and constraints of its Constitution in respect to all such restrictions and limitations.

(3)
That the United States declares that it accepts the competence of the Human Rights Committee to receive and consider communications under Article 41 in which a State Party claims that another State Party is not fulfilling its obligations under the Covenant.

(4)
That the United States declares that the right referred to in Article 47 may be exercised only in accordance with international law.

U.S. PROVISO
Nothing in this Covenant requires or authorizes legislation, or other action, by the United States of America prohibited by the Constitution of the United States as interpreted by the United States.

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment X X Following treaty text 146

CONVENTION AGAINST TORTURE
AND OTHER CRUEL, INHUMAN
OR DEGRADING TREATMENT OR
PUNISHMENT

ADOPTED AND OPENED FOR SIGNATURE, RATIFICATION AND ACCESSION BY GENERAL ASSEMBLY RESOLUTION 39/46 OF 10 DECEMBER 1984
ENTERED INTO FORCE 26 JUNE 1987
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that those rights derive from the inherent dignity of the human person,
Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms,
Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,
Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975,
Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,
Have agreed as follows:
Part I
Article 1

1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.
Article 2

1.
Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2.
No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

3.
An order from a superior officer or a public authority may not be invoked as a justification of torture.

Article 3

1.
No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

2.
For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

Article 4

1.
Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

2.
Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

Article 5
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:
(a)
When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;

(b)
When the alleged offender is a national of that State;

2.
Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article.

3.
This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 6
1.
Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2.
Such State shall immediately make a preliminary inquiry into the facts.

3.
Any person in custody pursuant to paragraph 1 of this article shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.

4.
When a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction.

Article 7
1. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
2.
These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.

3.
Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.

Article 8
1.
The offences referred to in article 4 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.

2.
If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided by the law of the requested State.

3.
States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State.

4.
Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 5, paragraph 1.

Article 9
1.
States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any of the offences referred to in article 4, including the supply of all evidence at their disposal necessary for the proceedings.

2.
States Parties shall carry out their obligations under paragraph 1 of this article in conformity with any treaties on mutual judicial assistance that may exist between them.

Article 10

1.
Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.

2.
Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person.

Article 11

Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture.
Article 12

Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.
Article 13

Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
Article 14

1.
Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.

2.
Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

Article 15

Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.
Article 16

1.
Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

2.
The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.

Part II
Article 17

1.
There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience.
2.
The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. States Parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee established under the International Covenant on Civil and Political Rights and who are willing to serve on the Committee against Torture.

3.
Elections of the members of the Committee shall be held at biennial meetings of States Parties convened by the Secretary-General of the United Nations. At those meetings, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

4.
The initial election shall be held no later than six months after the date of the entry into force of this Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.

5.
The members of the Committee shall be elected for a term of four years. They shall be eligible for reelection if renominated. However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of this article.

6.
If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties, the State Party which nominated him shall appoint another expert from among its nationals to serve for the remainder of his term, subject to the approval of the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment.

7.
States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties.

Article 18
1.
The Committee shall elect its officers for a term of two years. They may be re-elected.

2.
The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Six members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority vote of the members present.
3.
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under this Convention.

4.
The Secretary-General of the United Nations shall convene the initial meeting of the Committee. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

5.
The States Parties shall be responsible for expenses incurred in connection with the holding of meetings of the States Parties and of the Committee, including reimbursement to the United Nations for any

expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to paragraph 3 of this article.
Article 19
1.
The States Parties shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have taken to give effect to their undertakings under this Convention, within one year after the entry into force of the Convention for the State Party concerned. Thereafter the States Parties shall submit supplementary reports every four years on any new measures taken and such other reports as the Committee may request.

2.
The Secretary-General of the United Nations shall transmit the reports to all States Parties.

3.
Each report shall be considered by the Committee which may make such general comments on the report as it may consider appropriate and shall forward these to the State Party concerned. That State Party may respond with any observations it chooses to the Committee.

4.
The Committee may, at its discretion, decide to include any comments made by it in accordance with paragraph 3 of this article, together with the observations thereon received from the State Party concerned, in its annual report made in accordance with article 24. If so requested by the State Party concerned, the Committee may also include a copy of the report submitted under paragraph 1 of this article.

Article 20
1.
If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a State Party, the Committee shall invite that State Party to co-operate in the examination of the information and to this end to submit observations with regard to the information concerned.

2.
Taking into account any observations which may have been submitted by the State Party concerned, as well as any other relevant information available to it, the Committee may, if it decides that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgently.

3.
If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the cooperation of the State Party concerned. In agreement with that State Party, such an inquiry may include a visit to its territory.

4.
After examining the findings of its member or members submitted in accordance with paragraph 2 of this article, the Commission shall transmit these

findings to the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation.
5. All the proceedings of the Committee referred to in paragraphs I to 4 of this article shall be confidential, and at all stages of the proceedings the co-operation of the State Party shall be sought. After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report made in accordance with article 24.
Article 21

1. A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention. Such communications may be received and considered according to the procedures laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be dealt with by the Committee under this article if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure;
(a)
If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation or any other statement in writing clarifying the matter, which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter;

(c)
The Committee shall deal with a matter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged

or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention;
(d)
The Committee shall hold closed meetings when examining communications under this article;

(e)
Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in this Convention. For this purpose, the Committee may, when appropriate, set up an ad hoc conciliation commission;

(f)
In any matter referred to it under this article, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g)
The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing;

(h)
The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i)
If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

In every matter, the report shall be communicated to the States Parties concerned.
2. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.
Article 22
1.
A State Party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the Convention. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.

2.
The Committee shall consider inadmissible any communication under this article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of this Convention.

3.
Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph 1 and is alleged to be violating any provisions of the Convention. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

4.
The Committee shall consider communications received under this article in the light of all information made available to it by or on behalf of the individual and by the State Party concerned.

5.
The Committee shall not consider any communications from an individual under this article unless it has ascertained that:

(a)
The same matter has not been, and is not being, examined under another procedure of international investigation or settlement;

(b)
The individual has exhausted all available domestic remedies; this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention.

6.
The Committee shall hold closed meetings when examining communications under this article.

7.
The Committee shall forward its views to the State Party concerned and to the individual.

8.
The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already

transmitted under this article; no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary General, unless the State Party has made a new declaration.
Article 23
The members of the Committee and of the ad hoc conciliation commissions which may be appointed under article 21, paragraph 1 (e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
Article 24
The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.
Part III
Article 25
1.
This Convention is open for signature by all States.

2.
This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 26
This Convention is open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary General of the United Nations.
Article 27
1.
This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.

2.
For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.

Article 28
1. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not recognize the competence of the Committee provided for in article 20.

2. Any State Party having made a reservation in accordance with paragraph 1 of this article may, at any time, withdraw this reservation by notification to the Secretary-General of the United Nations.
Article 29

1.
Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary General shall thereupon communicate the proposed amendment to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering an d voting upon the proposal. In the event that within four months from the date of such communication at least one third of the States Parties favours such a conference, the Secretary General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted by the Secretary-General to all the States Parties for acceptance.

2.
An amendment adopted in accordance with paragraph 1 of this article shall enter into force when two thirds of the States Parties to this Convention have notified the Secretary-General of the United Nations that they have accepted it in accordance with their respective constitutional processes.

3.
When amendments enter into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of this Convention and any earlier amendments which they have accepted.

Article 30

1.
Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2.
Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party having made such a reservation.

3. Any State Party having made a reservation in accordance with paragraph 2 of this article may at any time withdraw this reservation by notification to the Secretary-General of the United Nations.
Article 31

1.
A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General.

2.
Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective.

3.
Following the date at which the denunciation of a State Party becomes effective, the Committee shall not commence consideration of any new matter regarding that State.

Article 32

The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following:
(a)
Signatures, ratifications and accessions under articles 25 and 26;

(b)
The date of entry into force of this Convention under article 27 and the date of the entry into force of any amendments under article 29;

1.
This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

2.
The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.

U.S. RESERVATIONS

(1) That the United States considers itself bound by the obligation under article 16 to prevent ‘cruel, inhuman or degrading treatment or punishment,’ only insofar as the term ‘cruel, inhuman or degrading treatment or punishment’ means the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States.
(2)
That pursuant to article 30 (2) the United States declares that it does not consider itself bound by Article 30 (1), but reserves the right specifically to agree to follow this or any other procedure for arbitration in a particular case.

U.S. UNDERSTANDINGS

(1)
(a) That with reference to article 1, the United States understands that, in order to constitute torture, an act must be specifically intended to inflict severe physical or mental pain or suffering and that mental pain or suffering refers to prolonged mental harm caused by or resulting from (1) the intentional infliction or threatened infliction of severe physical pain or suffering; (2) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (3) the threat of imminent death; or (4) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality.

(b)
That the United States understands that the definition of torture in article 1 is intended to apply only to acts directed against persons in the offender’s custody or physical control.

(c)
That with reference to article 1 of the Convention, the United States understands that ‘sanctions’ includes judicially-imposed sanctions and other enforcement actions authorized by United States law or by judicial interpretation of such law. Nonetheless, the United States understands that a State Party could not through its domestic sanctions defeat the object and purpose of the Convention to prohibit torture.

(d)
That with reference to article 1 of the Convention, the United States understands that the term ‘acquiescence’ requires that the public official, prior to the activity constituting torture, have awareness of such activity and thereafter breach his legal responsibility to intervene to prevent such activity.

(e)
That with reference to article 1 of the Convention, the Unites States understands that noncompliance with applicable legal procedural standards does not per se constitute torture.

(2)
That the United States understands the phrase, ‘where there are substantial grounds for believing that he would be in danger of being subjected to torture,’ as used in article 3 of the Convention, to mean ‘if it is more likely than not that he would be tortured.’

(3)
That it is the understanding of the United States that article 14 requires a State Party to provide a private right of action for damages only for acts of torture committed in territory under the jurisdiction of that State Party.

(4)
That the United States understands that international law does not prohibit the death penalty, and does not consider this Convention to restrict or prohibit the United States from applying the death penalty consistent with the Fifth, Eighth and/or Fourteenth Amendments to the Constitution of the United States, including any constitutional period of confinement prior to the imposition of the death penalty.

(5)
That the United States understands that this Convention shall be implemented by the United States Government to the extent that it exercises legislative and judicial jurisdiction over the matters covered by the Convention and otherwise by the state and local governments. Accordingly, in implementing articles 10-14 and 16, the United States Government shall take measures appropriate to the Federal system to the end that the competent authorities of the constituent units of the United States of America may take appropriate measures for the fulfilment of the Convention.

U.S. DECLARATION

(1)
That the United States declares that the provisions of articles 1 through 16 of the Convention are not self-executing.

Treaty/Convention U. S. Signed U.S. Ratified U.S. Reservation/ Understanding States Party
Rome Statute of the International Criminal Court X† N/A 111

† On May 6, 2002, the United States informed the Secretary General that it does not intend to become a party to the treaty. Accordingly, the United States asserts that no legal obligations arise from its December 31, 2000 signature to the
treaty.
ROME STATUTE OF THE
INTERNATIONAL CRIMINAL
COURT

[AS CORRECTED BY THE PROCESVERBAUX OF 10 NOVEMBER 1998 AND 12 JULY 1999]
Preamble

The States Parties to this Statute,
Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,
Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,
Recognizing that such grave crimes threaten the peace, security and well-being of the world,
Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,
Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,
Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,
Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,
Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State,
Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole,
Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions,
Resolved to guarantee lasting respect for and the enforcement of international justice,
Have agreed as follows:
Part 1
Establishment of the Court
Article 1
The Court

An International Criminal Court (“the Court”) is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.
Article 2
Relationship of the Court with the United Nations

The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf.
Article 3
Seat of the Court

1.
The seat of the Court shall be established at The Hague in the Netherlands (“the host State”).

2.
The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf.

3.
The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.

Article 4
Legal status and powers of the Court
1.
The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.

2.
The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.

Part 2
Jurisdiction, Admissibility and
Applicable Law

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(a)
The crime of genocide;

(b)
Crimes against humanity;

(d)
The crime of aggression.

2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.
Article 6
Genocide
For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b)
Causing serious bodily or mental harm to members of the group;

(c)
Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d)
Imposing measures intended to prevent births within the group;

(e)
Forcibly transferring children of the group to another group.

Article 7
Crimes against humanity
1. For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part. of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a)
Murder;

(b)
Extermination;

(d)
Deportation or forcible transfer of population;

(e)
Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g)
Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

(h)
Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i)
Enforced disappearance of persons;

(j)
The crime of apartheid;

(k)
Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

2. For the purpose of paragraph 1:
(a)
“Attack directed against any civilian population” means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;

(b)
“Extermination” includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part. of a population;

over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d)
“Deportation or forcible transfer of population” means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

(e)
“Torture” means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

(f)
“Forced pregnancy” means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

(g)
“Persecution” means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

(h)
“The crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

(i)
“Enforced disappearance of persons” means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

3. For the purpose of this Statute, it is understood that the term “gender” refers to the two sexes, male and female, within the context of society. The term “gender” does not indicate any meaning different from the above.
Article 8
War crimes

1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part. of a plan or policy or as part. of a large-scale commission of such crimes.
2. For the purpose of this Statute, “war crimes” means:
(a)
Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

(i) Wilful killing;

(ii)
Torture or inhuman treatment, including biological experiments;

(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv)
Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v)
Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi)
Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.

(b)
Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

(i)
Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part. in hostilities;

(ii)
Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(iv)
Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

(v)
Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
(ix)
Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(x)
Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi)
Killing or wounding treacherously individuals belonging to the hostile nation or army;

(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take part. in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
(c)
In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part. in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

(i)
Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(ii)
Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(iii) Taking of hostages;

(iv)
The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording

all judicial guarantees which are generally recognized as indispensable.
(d)
Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.

(e)
Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

(i)
Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part. in hostilities;

(ii)
Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(iv)
Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(v)
Pillaging a town or place, even when taken by assault;

(vi)
Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;
(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
(ix)
Killing or wounding treacherously a combatant adversary;

(x) Declaring that no quarter will be given;

(xi)
Subjecting persons who are in the power of another party to the conflict to physical mutilation or

to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;
(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or reestablish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.
Article 9
Elements of Crimes

1.
Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.

2.
Amendments to the Elements of Crimes may be proposed by:

(a)
Any State Party;

(b)
The judges acting by an absolute majority;

Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
3. The Elements of Crimes and amendments thereto shall be consistent with this Statute.
Article 10

Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.
Article 11
Jurisdiction ratione temporis
1.
The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

2.
If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12
Preconditions to the exercise of jurisdiction
1.
A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2.
In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a)
The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b)
The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
Article 13
Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a)
A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b)
A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

Article 14
Referral of a situation by a State Party
1.
A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.

2.
As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.

Article 15
Prosecutor
1.
The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.

2.
The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or nongovernmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.

3.
If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.

4.
If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.

5.
The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.

6.
If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information

submitted to him or her regarding the same situation in the light of new facts or evidence.
Article 16
Deferral of investigation or prosecution

No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.
Article 17
Issues of admissibility

1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(a)
The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;

(b)
The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c)
The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d)
The case is not of sufficient gravity to justify further action by the Court.

2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
(a)
The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;

(b)
There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

(c)
The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.
Article 18
Preliminary rulings regarding admissibility

1.
When a situation has been referred to the Court pursuant to article 13 (a) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles 13 (c) and 15, the Prosecutor shall notify all States Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.

2.
Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State’s investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.

3.
The Prosecutor’s deferral to a State’s investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstances based on the State’s unwillingness or inability genuinely to carry out the investigation.

4.
The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance with article 82. The appeal may be heard on an expedited basis.

5.
When the Prosecutor has deferred an investigation in accordance with paragraph 2, the Prosecutor may request that the State concerned periodically inform the Prosecutor of the progress of its investigations and any subsequent prosecutions. States Parties shall respond to such requests without undue delay.

6.
Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the

purpose of preserving evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available.
7. A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstances.
Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
1.
The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article 17.

2.
Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:

(a)
An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;

(b)
A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

3.
The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victims, may also submit observations to the Court.

4.
The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c).

5.
A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earliest opportunity.

6.
Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with

respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.
7.
If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article 17.

8.
Pending a ruling by the Court, the Prosecutor may seek authority from the Court:

(a)
To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;

(b)
To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and

(c)
In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.

9.
The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court prior to the making of the challenge.

10.
If the Court has decided that a case is inadmissible under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article 17.

11.
If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.

Article 20
Ne bis in idem
1.
Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.

2.
No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.

3.
No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

(a)
Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or

(b)
Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.

Article 21
Applicable law

1. The Court shall apply:
(a)
In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;

(b)
In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;

(c)
Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.

2.
The Court may apply principles and rules of law as interpreted in its previous decisions.

3.
The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.

Part 3
General Principles of Criminal Law
Article 22
Nullum crimen sine lege

1.
A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2.
The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour

of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.
Article 23
Nulla poena sine lege

A person convicted by the Court may be punished only in accordance with this Statute.
Article 24
Non-retroactivity ratione personae

1.
No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.

2.
In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.

Article 25
Individual criminal responsibility

1.
The Court shall have jurisdiction over natural persons pursuant to this Statute.

2.
A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3.
In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a)
Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b)
Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c)
For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d)
In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i)
Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the

commission of a crime within the jurisdiction of the Court; or
(ii)
Be made in the knowledge of the intention of the group to commit the crime;

(e)
In respect of the crime of genocide, directly and publicly incites others to commit genocide;

(f)
Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person’s intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.
Article 26
Exclusion of jurisdiction over persons under eighteen
The Court shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime.
Article 27
Irrelevance of official capacity
1.
This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.

2.
Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 28
Responsibility of commanders and other superiors
In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:
(a) A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:
(i)
That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and

(ii)
That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(b)
With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:

(i)
The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;

(ii)
The crimes concerned activities that were within the effective responsibility and control of the superior; and

(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
Article 29
Non-applicability of statute of limitations
The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.
Article 30
Mental element
1.
Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.

2.
For the purposes of this article, a person has intent where:

(a) In relation to conduct, that person means to engage in the conduct;

(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, “knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. “Know” and “knowingly” shall be construed accordingly.
Article 31
Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person’s conduct:
(a)
The person suffers from a mental disease or defect that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;

(b)
The person is in a state of intoxication that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;

(c)
The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;

(d)
The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:

(i) Made by other persons; or

(ii) Constituted by other circumstances beyond that person’s control.
2.
The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.

3.
At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.

Article 32
Mistake of fact or mistake of law

1.
A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.

2.
A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.

Article 33
Superior orders and prescription of law

1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:
(a)
The person was under a legal obligation to obey orders of the Government or the superior in question;

(b)
The person did not know that the order was unlawful; and

2. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.
Part 4
Composition and Administration of the
Court

Article 34
Organs of the Court
The Court shall be composed of the following organs:
(a) The Presidency;
(b) An Appeals Division, a Trial Division and a Pre-Trial Division;
(c)
The Office of the Prosecutor;

(d)
The Registry.

Article 35
Service of judges
1.
All judges shall be elected as full-time members of the Court and shall be available to serve on that basis from the commencement of their terms of office.

2.
The judges composing the Presidency shall serve on a full-time basis as soon as they are elected.

3.
The Presidency may, on the basis of the workload of the Court and in consultation with its members, decide from time to time to what extent the remaining judges shall be required to serve on a full-time basis. Any such arrangement shall be without prejudice to the provisions of article 40.

4.
The financial arrangements for judges not required to serve on a full-time basis shall be made in accordance with article 49.

Article 36
Qualifications, nomination and election of judges
1.
Subject to the provisions of paragraph 2, there shall be 18 judges of the Court.

2.
(a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.

(b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.
(c)
(i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;

(ii)
Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.

3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.
(b)
Every candidate for election to the Court shall:

(i)
Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or

(ii)
Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;

(c)
Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:
(i)
By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or

(ii)
By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.

Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.

(b)
Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.

(c)
The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee’s composition and mandate shall be established by the Assembly of States Parties.

5. For the purposes of the election, there shall be two lists of candidates:
List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and
List B containing the names of candidates with the qualifications specified in paragraph 3 (b) (ii).
A candidate with sufficient qualifications for both lists may choose on which list to appear. At the first election to the Court, at least nine judges shall be elected from list A and at least five judges from list B. Subsequent elections shall be so organized as to maintain the equivalent proportion on the Court of judges qualified on the two lists.
6. (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.
(b) In the event that a sufficient number of judges is not elected on the first ballot, successive ballots shall be held in accordance with the procedures laid down in subparagraph (a) until the remaining places have been filled.
7.
No two judges may be nationals of the same State. A person who, for the purposes of membership of the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.

8.
(a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:

(i)
The representation of the principal legal systems of the world;

(ii)
Equitable geographical representation; and

(iii) A fair representation of female and male judges.
(b) States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.
9. (a) Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.
(b)
At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.

(c)
A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.

10. Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39 shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber.
Article 37
Judicial vacancies

1.
In the event of a vacancy, an election shall be held in accordance with article 36 to fill the vacancy.

2.
A judge elected to fill a vacancy shall serve for the remainder of the predecessor’s term and, if that period is three years or less, shall be eligible for re-election for a full term under article 36.

Article 38
The Presidency

1.
The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges. They shall each serve for a term of three years or until the end of their respective terms of office as judges, whichever expires earlier. They shall be eligible for re-election once.

2.
The First Vice-President shall act in place of the President in the event that the President is unavailable or disqualified. The Second Vice-President shall act in place of the President in the event that both the President and the First Vice-President are unavailable or disqualified.

3.
The President, together with the First and Second Vice-Presidents, shall constitute the Presidency, which shall be responsible for:

(a)
The proper administration of the Court, with the exception of the Office of the Prosecutor; and

(b)
The other functions conferred upon it in accordance with this Statute.

4. In discharging its responsibility under paragraph 3 (a), the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern.
Article 39
Chambers
1.
As soon as possible after the election of the judges, the Court shall organize itself into the divisions specified in article 34, paragraph (b). The Appeals Division shall be composed of the President and four other judges, the Trial Division of not less than six judges and the Pre-Trial Division of not less than six judges. The assignment of judges to divisions shall be based on the nature of the functions to be performed by each division and the qualifications and experience of the judges elected to the Court, in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law. The Trial and Pre-Trial Divisions shall be composed predominantly of judges with criminal trial experience.

2.
(a) The judicial functions of the Court shall be carried out in each division by Chambers.

(b)
(i) The Appeals Chamber shall be composed of all the judges of the Appeals Division;

(ii)
The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;

(iii) The functions of the Pre-Trial Chamber shall be carried out either by three judges of the Pre-Trial Division or by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence;
(c) Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court’s workload so requires.
3. (a) Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.
(b) Judges assigned to the Appeals Division shall serve in that division for their entire term of office.
4. Judges assigned to the Appeals Division shall serve only in that division. Nothing in this article shall, however, preclude the temporary attachment of judges from the Trial Division to the Pre-Trial Division or vice versa, if the Presidency considers that the efficient management of the Court’s workload so requires, provided that under no circumstances shall a judge who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing that case.
Article 40
Independence of the judges
1.
The judges shall be independent in the performance of their functions.

2.
Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.

3.
Judges required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature.

4.
Any question regarding the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges. Where any such question concerns an individual judge, that judge shall not take part. in the decision.

Article 41
Excusing and disqualification of judges
1.
The Presidency may, at the request of a judge, excuse that judge from the exercise of a function under this Statute, in accordance with the Rules of Procedure and Evidence.

2.
(a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted. A judge shall also be disqualified on such other grounds as may be provided for in the Rules of Procedure and Evidence.

(b)
The Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph.

(c)
Any question as to the disqualification of a judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part. in the decision.

Article 42
The Office of the Prosecutor
1. The Office of the Prosecutor shall act independently as a separate organ of the Court. It shall be responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. A member of the Office shall not seek or act on instructions from any external source.

2.
The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority over the management and administration of the Office, including the staff, facilities and other resources thereof. The Prosecutor shall be assisted by one or more Deputy Prosecutors, who shall be entitled to carry out any of the acts required of the Prosecutor under this Statute. The Prosecutor and the Deputy Prosecutors shall be of different nationalities. They shall serve on a full-time basis.

3.
The Prosecutor and the Deputy Prosecutors shall be persons of high moral character, be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases. They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4.
The Prosecutor shall be elected by secret ballot by an absolute majority of the members of the Assembly of States Parties. The Deputy Prosecutors shall be elected in the same way from a list of candidates provided by the Prosecutor. The Prosecutor shall nominate three candidates for each position of Deputy Prosecutor to be filled. Unless a shorter term is decided upon at the time of their election, the Prosecutor and the Deputy Prosecutors shall hold office for a term of nine years and shall not be eligible for reelection.

5.
Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence. They shall not engage in any other occupation of a professional nature.

6.
The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case.

7.
Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality might reasonably be doubted on any ground. They shall be disqualified from a case in accordance with this paragraph if, inter alia, they have previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted.

8.
Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber.

(a) The person being investigated or prosecuted may at any time request the disqualification of the Prosecutor or a Deputy Prosecutor on the grounds set out in this article;
(b) The Prosecutor or the Deputy Prosecutor, as appropriate, shall be entitled to present his or her comments on the matter;
9. The Prosecutor shall appoint advisers with legal expertise on specific issues, including, but not limited to, sexual and gender violence and violence against children.
Article 43
The Registry

1.
The Registry shall be responsible for the non-judicial aspects of the administration and servicing of the Court, without prejudice to the functions and powers of the Prosecutor in accordance with article 42.

2.
The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court. The Registrar shall exercise his or her functions under the authority of the President of the Court.

3.
The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4.
The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Assembly of States Parties. If the need arises and upon the recommendation of the Registrar, the judges shall elect, in the same manner, a Deputy Registrar.

5.
The Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis. The Deputy Registrar shall hold office for a term of five years or such shorter term as may be decided upon by an absolute majority of the judges, and may be elected on the basis that the Deputy Registrar shall be called upon to serve as required.

6.
The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements, counselling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses. The Unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence.

Article 44
Staff

1. The Prosecutor and the Registrar shall appoint such qualified staff as may be required to their respective offices. In the case of the Prosecutor, this shall include the appointment of investigators.
2.
In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and integrity, and shall have regard, mutatis mutandis, to the criteria set forth in article 36, paragraph 8.

3.
The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose Staff Regulations which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated and dismissed. The Staff Regulations shall be approved by the Assembly of States Parties.

4.
The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States Parties, intergovernmental organizations or nongovernmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be established by the Assembly of States Parties.

Article 45
Solemn undertaking
Before taking up their respective duties under this Statute, the judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall each make a solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously.
Article 46
Removal from office
1. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2, in cases where that person:
(a)
Is found to have committed serious misconduct or a serious breach of his or her duties under this Statute, as provided for in the Rules of Procedure and Evidence; or

(b)
Is unable to exercise the functions required by this Statute.

2. A decision as to the removal from office of a judge, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the Assembly of States Parties, by secret ballot:
( a) In the case of a judge, by a two-thirds majority of the States Parties upon a recommendation adopted by a two-thirds majority of the other judges;
(b) In the case of the Prosecutor, by an absolute majority of the States Parties;
(c) In the case of a Deputy Prosecutor, by an absolute majority of the States Parties upon the recommendation of the Prosecutor.
3.
A decision as to the removal from office of the Registrar or Deputy Registrar shall be made by an absolute majority of the judges.

4.
A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordance with the Rules of Procedure and Evidence. The person in question shall not otherwise participate in the consideration of the matter.

Article 47
Disciplinary measures
A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed misconduct of a less serious nature than that set out in article 46, paragraph 1, shall be subject to disciplinary measures, in accordance with the Rules of Procedure and Evidence.
Article 48
Privileges and immunities
1.
The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfilment of its purposes.

2.
The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.

3.
The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privileges and immunities of the Court.

4.
Counsel, experts, witnesses or any other person required to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.

5.
The privileges and immunities of:

(a)
A judge or the Prosecutor may be waived by an absolute majority of the judges;

(b)
The Registrar may be waived by the Presidency;

(d)
The Deputy Registrar and staff of the Registry may be waived by the Registrar.

Article 49
Salaries, allowances and expenses

The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall receive such salaries, allowances and expenses as may be decided upon by the Assembly of States Parties. These salaries and allowances shall not be reduced during their terms of office.
Article 50
Official and working languages

1.
The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.

2.
The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.

3.
At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

Article 51
Rules of Procedure and Evidence

1.
The Rules of Procedure and Evidence shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.

2.
Amendments to the Rules of Procedure and Evidence may be proposed by:

(a)
Any State Party;

(b)
The judges acting by an absolute majority; or

Such amendments shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.
3.
After the adoption of the Rules of Procedure and Evidence, in urgent cases where the Rules do not provide for a specific situation before the Court, the judges may, by a two-thirds majority, draw up provisional Rules to be applied until adopted, amended or rejected at the next ordinary or special session of the Assembly of States Parties.

4.
The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Amendments to the Rules of Procedure and Evidence as well as provisional Rules shall not be applied retroactively to the detriment of the person who is being investigated or prosecuted or who has been convicted.

5.
In the event of conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail.

Article 52
Regulations of the Court

1.
The judges shall, in accordance with this Statute and the Rules of Procedure and Evidence, adopt, by an absolute majority, the Regulations of the Court necessary for its routine functioning.

2.
The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto.

3.
The Regulations and any amendments thereto shall take effect upon adoption unless otherwise decided by the judges. Immediately upon adoption, they shall be circulated to States Parties for comments. If within six months there are no objections from a majority of States Parties, they shall remain in force.

Part 5
Investigation and Prosecution
Article 53
Initiation of an investigation

1. The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether:
(a)
The information available to the Prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed;

(b)
The case is or would be admissible under article 17; and

(c)
Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.

If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the Pre-Trial Chamber.
2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:
(a)
There is not a sufficient legal or factual basis to seek a warrant or summons under article 58;

(b) The case is inadmissible under article 17; or

(c)
A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime;

the Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b), of his or her conclusion and the reasons for the conclusion.
3. (a) At the request of the State making a referral under article 14 or the Security Council under article 13, paragraph (b), the Pre-Trial Chamber may review a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may request the Prosecutor to reconsider that decision.
(b) In addition, the Pre-Trial Chamber may, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2 (c). In such a case, the decision of the Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber.
4. The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.
Article 54
Duties and powers of the Prosecutor with respect to investigations
1. The Prosecutor shall:
(a)
In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally;

(b)
Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and

2. The Prosecutor may conduct investigations on the territory of a State:
(a) In accordance with the provisions of Part 9; or
(b) As authorized by the Pre-Trial Chamber under article 57, paragraph 3 (d).
3. The Prosecutor may:
(a) Collect and examine evidence;
(b)
Request the presence of and question persons being investigated, victims and witnesses;

(c)
Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;

(d)
Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;

(e)
Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and

(f)
Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;

(b)
Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;

(c)
Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and

(d)
Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a)
To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;

(b)
To remain silent, without such silence being a consideration in the determination of guilt or innocence;

(c)
To have legal assistance of the person’s choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

(d)
To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 56

Role of the Pre-Trial Chamber in relation to a unique investigative opportunity
1. (a) Where the Prosecutor considers an investigation to present a unique opportunity to take testimony or a statement from a witness or to examine, collect or test evidence, which may not be available subsequently for the purposes of a trial, the Prosecutor shall so inform the Pre-Trial Chamber.
(b) In that case, the Pre-Trial Chamber may, upon request of the Prosecutor, take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence.
(c) Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter.
2. The measures referred to in paragraph 1 (b) may include:
(a)
Making recommendations or orders regarding procedures to be followed;

(b)
Directing that a record be made of the proceedings;

(d)
Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence;

(e)
Naming one of its members or, if necessary, another available judge of the Pre-Trial or Trial Division to observe and make recommendations or orders regarding the collection and preservation of evidence and the questioning of persons;

(f)
Taking such other action as may be necessary to collect or preserve evidence.

3. (a) Where the Prosecutor has not sought measures pursuant to this article but the Pre-Trial Chamber considers that such measures are required to preserve evidence that it deems would be essential for the defence at trial, it shall consult with the Prosecutor as to whether there is good reason for the Prosecutor’s failure to request the measures. If upon consultation, the Pre-Trial Chamber concludes that the Prosecutor’s failure to request such measures is unjustified, the Pre-Trial Chamber may take such measures on its own initiative.
(b) A decision of the Pre-Trial Chamber to act on its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis.
4. The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber.
Article 57
Functions and powers of the Pre-Trial Chamber

1. Unless otherwise provided in this Statute, the Pre-Trial Chamber shall exercise its functions in accordance with the provisions of this article.
2 . (a) Orders or rulings of the Pre-Trial Chamber issued under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7, and 72 must be concurred in by a majority of its judges.

(b)
In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or by a majority of the Pre-Trial Chamber.

3. In addition to its other functions under this Statute, the Pre-Trial Chamber may:
(a)
At the request of the Prosecutor, issue such orders and warrants as may be required for the purposes of an investigation;

(b)
Upon the request of a person who has been arrested or has appeared pursuant to a summons under article 58, issue such orders, including measures such as those described in article 56, or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defence;

(c)
Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information;

(d)
Authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 9 if, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9.

(e)
Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:
(a)
There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and

(b) The arrest of the person appears necessary:
(i) To ensure the person’s appearance at trial,

(ii)
To ensure that the person does not obstruct or endanger the investigation or the court proceedings, or

(iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.
2. The application of the Prosecutor shall contain:
(a)
The name of the person and any other relevant identifying information;

(b)
A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed;

(d)
A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and

(e)
The reason why the Prosecutor believes that the arrest of the person is necessary.

3. The warrant of arrest shall contain:
(a)
The name of the person and any other relevant identifying information;

(b)
A specific reference to the crimes within the jurisdiction of the Court for which the person’s arrest is sought; and

4.
The warrant of arrest shall remain in effect until otherwise ordered by the Court.

5.
On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.

6.
The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.

7.
As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that

the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person’s appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:
(a)
The name of the person and any other relevant identifying information;

(b)
The specified date on which the person is to appear;

(c)
A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and

(d)
A concise statement of the facts which are alleged to constitute the crime.

The summons shall be served on the person.
Article 59
Arrest proceedings in the custodial State

1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part
9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;

(b) The person has been arrested in accordance with the proper process; and
(c) The person’s rights have been respected.

3.
The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.

4.
In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).

5.
The Pre-Trial Chamber shall be notified of any request for interim release and shall make

recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6.
If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.

7.
Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article 60
Initial proceedings before the Court

1.
Upon the surrender of the person to the Court, or the person’s appearance before the Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial.

2.
A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58, paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions.

3.
The Pre-Trial Chamber shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require.

4.
The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions.

5.
If necessary, the Pre-Trial Chamber may issue a warrant of arrest to secure the presence of a person who has been released.

Article 61
Confirmation of the charges before trial

1. Subject to the provisions of paragraph 2, within a reasonable time after the person’s surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel.
2. The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has:
(a) Waived his or her right to be present; or
(b) Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held.
In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.
3. Within a reasonable time before the hearing, the person shall:
(a)
Be provided with a copy of the document containing the charges on which the Prosecutor intends to bring the person to trial; and

(b)
Be informed of the evidence on which the Prosecutor intends to rely at the hearing.

The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing.
4.
Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal.

5.
At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.

6.
At the hearing, the person may:

(a) Object to the charges;
(b) Challenge the evidence presented by the Prosecutor; and
(c) Present evidence.
7. The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall:
(a)
Confirm those charges in relation to which it has determined that there is sufficient evidence, and commit the person to a Trial Chamber for trial on the charges as confirmed;

(b)
Decline to confirm those charges in relation to which it has determined that there is insufficient evidence;

(i)
Providing further evidence or conducting further investigation with respect to a particular charge; or

(ii)
Amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court.

8.
Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence.

9.
After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges.

10.
Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor.

11.
Once the charges have been confirmed in accordance with this article, the Presidency shall constitute a Trial Chamber which, subject to paragraph 9 and to article 64, paragraph 4, shall be responsible for the conduct of subsequent proceedings and may exercise any function of the Pre-Trial Chamber that is relevant and capable of application in those proceedings.

Part 6
The Trial
Article 62
Place of trial
Unless otherwise decided, the place of the trial shall be the seat of the Court.

Article 63
Trial in the presence of the accused

1.
The accused shall be present during the trial.

2.
If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 64
Functions and powers of the Trial Chamber

1.
The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.

2.
The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

3.
Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall:

(a)
Confer with the parties and adopt such procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings;

(b)
Determine the language or languages to be used at trial; and

(c)
Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.

4.
The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.

5.
Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.

6.
In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(a)
Exercise any functions of the Pre-Trial Chamber referred to in article 61, paragraph 11;

(b)
Require the attendance and testimony of witnesses and production of documents and other

evidence by obtaining, if necessary, the assistance of States as provided in this Statute;
(c)
Provide for the protection of confidential information;

(d)
Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties;

(e)
Provide for the protection of the accused, witnesses and victims; and

(f) Rule on any other relevant matters.

7.
The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.

8.
(a) At the commencement of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt in accordance with article 65 or to plead not guilty.

(b) At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute.
9. The Trial Chamber shall have, inter alia, the power on application of a party or on its own motion to:
(a)
Rule on the admissibility or relevance of evidence; and

(b)
Take all necessary steps to maintain order in the course of a hearing.

10. The Trial Chamber shall ensure that a complete record of the trial, which accurately reflects the proceedings, is made and that it is maintained and preserved by the Registrar.
Article 65
Proceedings on an admission of guilt

1. Where the accused makes an admission of guilt pursuant to article 64, paragraph 8 (a), the Trial Chamber shall determine whether:
(a) The accused understands the nature and consequences of the admission of guilt;
(b)
The admission is voluntarily made by the accused after sufficient consultation with defence counsel; and

(i)
The charges brought by the Prosecutor and admitted by the accused;

(ii)
Any materials presented by the Prosecutor which supplement the charges and which the accused accepts; and

(iii) Any other evidence, such as the testimony of witnesses, presented by the Prosecutor or the accused.
2.
Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt, together with any additional evidence presented, as establishing all the essential facts that are required to prove the crime to which the admission of guilt relates, and may convict the accused of that crime.

3.
Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute and may remit the case to another Trial Chamber.

4.
Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Trial Chamber may:

(a)
Request the Prosecutor to present additional evidence, including the testimony of witnesses; or

(b)
Order that the trial be continued under the ordinary trial procedures provided by this Statute, in which case it shall consider the admission of guilt as not having been made and may remit the case to another Trial Chamber.

5. Any discussions between the Prosecutor and the defence regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court.
Article 66
Presumption of innocence
1.
Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2.
The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a)
To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;

(b)
To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused’s choosing in confidence;

(d)
Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused’s choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;

(e)
To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;

(f)
To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;

(g)
Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;

(h)
To make an unsworn oral or written statement in his or her defence; and

(i)
Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.

2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor’s possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.

Article 68

Protection of the victims and witnesses and their participation in the proceedings
1.
The Court shall take appropriate measures to protect the safety, physical and psychological wellbeing, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

2.
As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part. of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.

3.
Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.

4.
The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.

5.
Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.
Article 69
Evidence

1.
Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.

2.
The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.

3.
The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.

4.
The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.

5.
The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.

6.
The Court shall not require proof of facts of common knowledge but may take judicial notice of them.

7.
Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:

(a)
The violation casts substantial doubt on the reliability of the evidence; or

(b)
The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.

8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State’s national law.
Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a)
Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b)
Presenting evidence that the party knows is false or forged;

(c)
Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d)
Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e)
Retaliating against an official of the Court on account of duties performed by that or another official;

(f)
Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

2.
The principles and procedures governing the Court’s exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

3.
In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

4.
(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.
Article 71
Sanctions for misconduct before the Court
1. The Court may sanction persons present before it who commit misconduct, including disruption of its proceedings or deliberate refusal to comply with its directions, by administrative measures other than imprisonment, such as temporary or permanent removal from the courtroom, a fine or other similar measures provided for in the Rules of Procedure and Evidence.
2. The procedures governing the imposition of the measures set forth in paragraph 1 shall be those provided for in the Rules of Procedure and Evidence.
Article 72
Protection of national security information
1.
This article applies in any case where the disclosure of the information or documents of a State would, in the opinion of that State, prejudice its national security interests. Such cases include those falling within the scope of article 56, paragraphs 2 and 3, article 61, paragraph 3, article 64, paragraph 3, article 67, paragraph 2, article 68, paragraph 6, article 87, paragraph 6 and article 93, as well as cases arising at any other stage of the proceedings where such disclosure may be at issue.

2.
This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests.

3.
Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f), or the application of article

73.
4.
If a State learns that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolution of the issue in accordance with this article.

5.
If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include:

(a) Modification or clarification of the request;
(b) A determination by the Court regarding the relevance of the information or evidence sought, or a determination as to whether the evidence, though relevant, could be or has been obtained from a source other than the requested State;

(d)
Agreement on conditions under which the assistance could be provided including, among other things, providing summaries or redactions, limitations on disclosure, use of in camera or ex parte proceedings, or other protective measures permissible under the Statute and the Rules of Procedure and Evidence.

6.
Once all reasonable steps have been taken to resolve the matter through cooperative means, and if the State considers that there are no means or conditions under which the information or documents could be provided or disclosed without prejudice to its national security interests, it shall so notify the Prosecutor or the Court of the specific reasons for its decision, unless a specific description of the reasons would itself necessarily result in such prejudice to the State’s national security interests.

7.
Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions:

(a)
Where disclosure of the information or document is sought pursuant to a request for cooperation under Part 9 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 93, paragraph 4:

(i)
The Court may, before making any conclusion referred to in subparagraph 7 (a) (ii), request further consultations for the purpose of considering the State’s representations, which may include, as appropriate, hearings in camera and ex parte;

(ii)
If the Court concludes that, by invoking the ground for refusal under article 93, paragraph 4, in the circumstances of the case, the requested State is not acting in accordance with its obligations under this Statute, the Court may refer the matter in accordance with article 87, paragraph 7, specifying the reasons for its conclusion; and

(iii) The Court may make such inference in the trial of the accused as to the existence or nonexistence of a fact, as may be appropriate in the circumstances; or
(b) In all other circumstances:
(i) Order disclosure; or

(ii) To the extent it does not order disclosure, make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances.
Article 73
Third-party information or documents

If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.
Article 74
Requirements for the decision

1.
All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending.

2.
The Trial Chamber’s decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial.

3.
The judges shall attempt to achieve unanimity in their decision, failing which the decision shall be taken by a majority of the judges.

4.
The deliberations of the Trial Chamber shall remain secret.

5.
The decision shall be in writing and shall contain a full and reasoned statement of the Trial Chamber’s findings on the evidence and conclusions. The Trial Chamber shall issue one decision. When there is no unanimity, the Trial Chamber’s decision shall contain the views of the majority and the minority. The decision or a summary thereof shall be delivered in open court.

Article 75
Reparations to victims

1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
2.
The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.

3.
Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.

4.
In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.

5.
A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.

6.
Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Article 76
Sentencing
1.
In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.

2.
Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.

3.
Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.

4.
The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Part 7
Penalties
Article 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a)
Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b)
A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:
(a)
A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b)
A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.

Article 78
Determination of the sentence
1.
In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.

2.
In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

3.
When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).

Article 79
Trust Fund
1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.

2.
The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.

3.
The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.

Article 80

Non-prejudice to national application of penalties and national laws
Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part.
Part 8
Appeal and Revision
Article 81

Appeal against decision of acquittal or conviction or against sentence
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a)
The Prosecutor may make an appeal on any of the following grounds:

(i)
Procedural error,

(ii)
Error of fact, or

(iii) Error of law;

(b)
The convicted person, or the Prosecutor on that person’s behalf, may make an appeal on any of the following grounds:

(i)
Procedural error,

(ii)
Error of fact,

(iii) Error of law, or

(iv)
Any other ground that affects the fairness or reliability of the proceedings or decision.

2. (a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3. (a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b)
When a convicted person’s time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;

(i)
Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;

(ii)
A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.

4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.
Article 82
Appeal against other decisions

1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a)
A decision with respect to jurisdiction or admissibility;

(b)
A decision granting or denying release of the person being investigated or prosecuted;

(d)
A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.

2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
3.
An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.

4.
A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.

Article 83
Proceedings on appeal
1.
For the purposes of proceedings under article 81 and this article, the Appeals Chamber shall have all the powers of the Trial Chamber.

2.
If the Appeals Chamber finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may:

(a) Reverse or amend the decision or sentence; or
(b) Order a new trial before a different Trial Chamber.
For these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue. When the decision or sentence has been appealed only by the person convicted, or the Prosecutor on that person’s behalf, it cannot be amended to his or her detriment.
3.
If in an appeal against sentence the Appeals Chamber finds that the sentence is disproportionate to the crime, it may vary the sentence in accordance with Part 7.

4.
The judgement of the Appeals Chamber shall be taken by a majority of the judges and shall be delivered in open court. The judgement shall state the reasons on which it is based. When there is no unanimity, the judgement of the Appeals Chamber shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law.

5.
The Appeals Chamber may deliver its judgement in the absence of the person acquitted or convicted.

Article 84
Revision of conviction or sentence
1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused’s death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person’s behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:
(a) New evidence has been discovered that:
(i)
Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and

(ii)
Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;

(b)
It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;

(c)
One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.

2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:
(a)
Reconvene the original Trial Chamber;

(b)
Constitute a new Trial Chamber; or

with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.
Article 85
Compensation to an arrested or convicted person
1.
Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

2.
When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non

disclosure of the unknown fact in time is wholly or partly attributable to him or her.
3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.
Part 9

International Cooperation and Judicial Assistance
Article 86
General obligation to cooperate

States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.
Article 87
Requests for cooperation: general provisions

1. (a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2.
Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.

3.
The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.

4.
In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.

5.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.

(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6.
The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.

7.
Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.

Article 88
Availability of procedures under national law

States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.
Article 89
Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2.
Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.

3.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

(b)
A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i)
A description of the person being transported;

(ii)
A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(d)
No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e)
If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.
Article 90
Competing requests
1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person’s surrender, notify the Court and the requesting State of that fact.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a)
The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or

(b)
The Court makes the determination described in subparagraph (a) pursuant to the requested State’s notification under paragraph 1.

3.
Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court’s determination shall be made on an expedited basis.

4.
If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.

5.
Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.

6.
In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:

(a) The respective dates of the requests;
(b)
The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and

7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person’s surrender:

(a)
The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;

(b)
The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.

8. Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.
Article 91
Contents of request for arrest and surrender

1.
A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).

2.
In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:

(a)
Information describing the person sought, sufficient to identify the person, and information as to that person’s probable location;

(b) A copy of the warrant of arrest; and

(c)
Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.

3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:
(a) A copy of any warrant of arrest for that person;
(b) A copy of the judgement of conviction;

(d)
If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
Article 92
Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article
91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a)
Information describing the person sought, sufficient to identify the person, and information as to that person’s probable location;

(b)
A concise statement of the crimes for which the person’s arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(d)
A statement that a request for surrender of the person sought will follow.

3.
A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4.
The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a)
The identification and whereabouts of persons or the location of items;

(b)
The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(d)
The service of documents, including judicial documents;

(e)
Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f)
The temporary transfer of persons as provided in paragraph 7;

(g)
The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i)
The provision of records and documents, including official records and documents;

(j)
The protection of victims and witnesses and the preservation of evidence;

(k)
The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l)
Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

2.
The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.

3.
Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to

whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4.
In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.

5.
Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.

6.
If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.

7.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i)
The person freely gives his or her informed consent to the transfer; and

(ii)
The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b)
The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.

8. (a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b)
The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c)
The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.

9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.

(ii)
Failing that, competing requests shall be resolved in accordance with the principles established in article 90.

(b)
Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.

10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:

a.
The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and

b.
The questioning of any person detained by order of the Court;

(ii)
In the case of assistance under subparagraph (b) (i) a:

a.
If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;

b.
If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.

(c)
The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.

Article 94

Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).
Article 95
Postponement of execution of a request in respect of an admissibility challenge

Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.
Article 96
Contents of request for other forms of assistance under article 93

1.
A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).

2.
The request shall, as applicable, contain or be supported by the following:

(a)
A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;

(b)
As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;

(d)
The reasons for and details of any procedure or requirement to be followed;

(e)
Such information as may be required under the law of the requested State in order to execute the request; and

(f)
Any other information relevant in order for the assistance sought to be provided.

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.
Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a)
Insufficient information to execute the request;

(b)
In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c)
The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1.
The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2.
The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

Article 99
Execution of requests under articles 93 and 96
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.
2.
In the case of an urgent request, the documents or evidence produced in response shall, at the request of the Court, be sent urgently.

3.
Replies from the requested State shall be transmitted in their original language and form.

4.
Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:

(a)
When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;

(b)
In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

5. Provisions allowing a person heard or examined by the Court under article 72 to invoke restrictions designed to prevent disclosure of confidential information connected with national security shall also apply to the execution of requests for assistance under this article.
Article 100
Costs
1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:
(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;

(b)
Costs of translation, interpretation and transcription;

(c)
Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;

(d)
Costs of any expert opinion or report requested by the Court;

(e)
Costs associated with the transport of a person being surrendered to the Court by a custodial State; and

(f)
Following consultations, any extraordinary costs that may result from the execution of a request.

2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.
Article 101
Rule of speciality

1.
A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.

2.
The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.

Article 102
Use of terms

For the purposes of this Statute:
(a)
“surrender” means the delivering up of a person by a State to the Court, pursuant to this Statute.

(b)
“extradition” means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.

Part 10
Enforcement
Article 103
Role of States in enforcement of sentences of imprisonment

1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b)
At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days’ notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a)
The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b)
The application of widely accepted international treaty standards governing the treatment of prisoners;

(d)
The nationality of the sentenced person;

(e)
Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
Article 104
Change in designation of State of enforcement
1.
The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2.
A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence
1.
Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2.
The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1.
The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2.
The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3.
Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 107
Transfer of the person upon completion of sentence
1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.
2.
If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.

3.
Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.

Article 108
Limitation on the prosecution or punishment of other offences
1.
A sentenced person in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person’s delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the State of enforcement.

2.
The Court shall decide the matter after having heard the views of the sentenced person.

3.
Paragraph 1 shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of the State of enforcement after having served the full sentence imposed by the Court, or returns to the territory of that State after having left it.

Article 109
Enforcement of fines and forfeiture measures
1.
States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2.
If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3.
Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.

Article 110

Review by the Court concerning reduction of sentence
1.
The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.

2.
The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.

3.
When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.

4.
In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:

(a)
The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;

(b)
The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or

(c)
Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.

5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.
Article 111
Escape

If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person’s surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person’s surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.
Part 11
Assembly of States Parties
Article 112
Assembly of States Parties

1.
An Assembly of States Parties to this Statute is hereby established. Each State Party shall have one representative in the Assembly who may be accompanied by alternates and advisers. Other States which have signed this Statute or the Final Act may be observers in the Assembly.

2.
The Assembly shall:

(a)
Consider and adopt, as appropriate, recommendations of the Preparatory Commission;

(b)
Provide management oversight to the Presidency, the Prosecutor and the Registrar regarding the administration of the Court;

(c)
Consider the reports and activities of the Bureau established under paragraph 3 and take appropriate action in regard thereto;

(d) Consider and decide the budget for the Court;

(e)
Decide whether to alter, in accordance with article 36, the number of judges;

(f)
Consider pursuant to article 87, paragraphs 5 and 7, any question relating to non-cooperation;

(g)
Perform any other function consistent with this Statute or the Rules of Procedure and Evidence.

3. (a) The Assembly shall have a Bureau consisting of a President, two Vice-Presidents and 18 members elected by the Assembly for three-year terms.
(b)
The Bureau shall have a representative character, taking into account, in particular, equitable geographical distribution and the adequate representation of the principal legal systems of the world.

(c)
The Bureau shall meet as often as necessary, but at least once a year. It shall assist the Assembly in the discharge of its responsibilities.

4.
The Assembly may establish such subsidiary bodies as may be necessary, including an independent oversight mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy.

5.
The President of the Court, the Prosecutor and the Registrar or their representatives may participate, as appropriate, in meetings of the Assembly and of the Bureau.

6. The Assembly shall meet at the seat of the Court or at the Headquarters of the United Nations once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States Parties.
Article 114
Payment of expenses
Expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court.
7. Each State Party shall have one vote. Every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau. If consensus cannot be reached, except as otherwise provided in the Statute:
(a)
Decisions on matters of substance must be approved by a two-thirds majority of those present and voting provided that an absolute majority of States Parties constitutes the quorum for voting;

(b)
Decisions on matters of procedure shall be taken by a simple majority of States Parties present and voting.

8.
A State Party which is in arrears in the payment of its financial contributions towards the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may, nevertheless, permit such a State Party to vote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party.

9.
The Assembly shall adopt its own rules of procedure.

10.
The official and working languages of the Assembly shall be those of the General Assembly of the United Nations.

Part 12
Financing
Article 113
Financial Regulations
Except as otherwise specifically provided, all financial matters related to the Court and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be governed by this Statute and the Financial Regulations and Rules adopted by the Assembly of States Parties.
Article 115
Funds of the Court and of the Assembly of States
Parties

The expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as provided for in the budget decided by the Assembly of States Parties, shall be provided by the following sources:
(a)
Assessed contributions made by States Parties;

(b)
Funds provided by the United Nations, subject to the approval of the General Assembly, in particular in relation to the expenses incurred due to referrals by the Security Council.

Article 116
Voluntary contributions
Without prejudice to article 115, the Court may receive and utilize, as additional funds, voluntary contributions from Governments, international organizations, individuals, corporations and other entities, in accordance with relevant criteria adopted by the Assembly of States Parties.
Article 117
Assessment of contributions
The contributions of States Parties shall be assessed in accordance with an agreed scale of assessment, based on the scale adopted by the United Nations for its regular budget and adjusted in accordance with the principles on which that scale is based.
Article 118
Annual audit
The records, books and accounts of the Court, including its annual financial statements, shall be audited annually by an independent auditor.

Part 13
Final Clauses
Article 119
Settlement of disputes

1.
Any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court.

2.
Any other dispute between two or more States Parties relating to the interpretation or application of this Statute which is not settled through negotiations within three months of their commencement shall be referred to the Assembly of States Parties. The Assembly may itself seek to settle the dispute or may make recommendations on further means of settlement of the dispute, including referral to the International Court of Justice in conformity with the Statute of that Court.

Article 120
Reservations

No reservations may be made to this Statute.
Article 121
Amendments

1.
After the expiry of seven years from the entry into force of this Statute, any State Party may propose amendments thereto. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall promptly circulate it to all States Parties.

2.
No sooner than three months from the date of notification, the Assembly of States Parties, at its next meeting, shall, by a majority of those present and voting, decide whether to take up the proposal. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants.

3.
The adoption of an amendment at a meeting of the Assembly of States Parties or at a Review Conference on which consensus cannot be reached shall require a two-thirds majority of States Parties.

4.
Except as provided in paragraph 5, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance have been deposited with the Secretary-General of the United Nations by seven-eighths of them.

5.
Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or

acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party’s nationals or on its territory.
6.
If an amendment has been accepted by seven-eighths of States Parties in accordance with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such amendment.

7.
The Secretary-General of the United Nations shall circulate to all States Parties any amendment adopted at a meeting of the Assembly of States Parties or at a Review Conference.

Article 122
Amendments to provisions of an institutional nature

1.
Amendments to provisions of this Statute which are of an exclusively institutional nature, namely, article 35, article 36, paragraphs 8 and 9, article 37, article 38, article 39, paragraphs 1 (first two sentences), 2 and 4, article 42, paragraphs 4 to 9, article 43, paragraphs 2 and 3, and articles 44, 46, 47 and 49, may be proposed at any time, notwithstanding article 121, paragraph 1, by any State Party. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or such other person designated by the Assembly of States Parties who shall promptly circulate it to all States Parties and to others participating in the Assembly.

2.
Amendments under this article on which consensus cannot be reached shall be adopted by the Assembly of States Parties or by a Review Conference, by a two-thirds majority of States Parties. Such amendments shall enter into force for all States Parties six months after their adoption by the Assembly or, as the case may be, by the Conference.

Article 123
Review of the Statute

1.
Seven years after the entry into force of this Statute the Secretary-General of the United Nations shall convene a Review Conference to consider any amendments to this Statute. Such review may include, but is not limited to, the list of crimes contained in article 5. The Conference shall be open to those participating in the Assembly of States Parties and on the same conditions.

2.
At any time thereafter, at the request of a State Party and for the purposes set out in paragraph 1, the

Secretary-General of the United Nations shall, upon approval by a majority of States Parties, convene a Review Conference.
3. The provisions of article 121, paragraphs 3 to 7, shall apply to the adoption and entry into force of any amendment to the Statute considered at a Review Conference.
Article 124
Transitional Provision
Notwithstanding article 12, paragraphs 1 and 2, a State, on becoming a party to this Statute, may declare that, for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by its nationals or on its territory. A declaration under this article may be withdrawn at any time. The provisions of this article shall be reviewed at the Review Conference convened in accordance with article 123, paragraph 1.
Article 125
Signature, ratification, acceptance, approval or accession
1.
This Statute shall be open for signature by all States in Rome, at the headquarters of the Food and Agriculture Organization of the United Nations, on 17 July 1998. Thereafter, it shall remain open for signature in Rome at the Ministry of Foreign Affairs of Italy until 17 October 1998. After that date, the Statute shall remain open for signature in New York, at United Nations Headquarters, until 31 December 2000.

2.
This Statute is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

3.
This Statute shall be open to accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 126
Entry into force
1.
This Statute shall enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.

2.
For each State ratifying, accepting, approving or acceding to this Statute after the deposit of the 60th instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first

day of the month after the 60th day following the deposit by such State of its instrument of ratification, acceptance, approval or accession.
Article 127
Withdrawal
1.
A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

2.
A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.

Article 128
Authentic texts
The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Statute.
DONE at Rome, this 17th day of July 1998.

INDEX

This index is not intended to supplant the index provided in FM 27-10—that index remains a useful tool for navigating the law of land warfare field manual and pre-1956 treaty law. This index is a work in progress, and we welcome your suggestions for further refinements, corrections, and additions.
A

Abuse/Misuse -Cultural objects, places of worship ………………………….. AP I, art. 53(b); AP II, art. 16 -Cultural property emblem ………………………………………. AP I, arts. 38(1), 85(3); 1954 Cultural Property
Convention, arts. 16-17 -Emblems/flags/uniforms of neutrals/enemy………………. Hague IV, art. 23(f); AP I, art. 39 -Flags of truce…………………………………………………………Hague IV, art. 23(f); AP I, arts. 37, 38, 85(3);
Rome Statute, art. 8.2 -Installations containing dangerous forces emblem……… AP I, arts. 38, 85(3) -Medical aircraft …………………………………………………….. GC I, arts. 36, 37; GC II, arts. 39, 40; GC IV,
art. 22; AP I, arts. 27(2), 28, 30, 31, 39 -Presence of POWs, civilians, medical units ……………….GCIII, art. 23(1); GC IV, art. 28; AP I, arts. 12(4), 51(7) -Protected status……………………………………………………… Hague IV, art. 27; GC I, art. 21; GC II, art. 34; GC IV, art. 19; AP I, arts. 13, 23(3), 28, 56, 59(7), 60(7); AP II, art. 11
Access
-Civilian medical personnel………………………………………AP I, art. 15(4)
-Delegates of ICRC/protecting powers………………………. GC III, art. 126; GC IV, art. 143
-Grave sites …………………………………………………………….AP I, art. 34(2)
-Neutral observers…………………………………………………… GC II, art. 38(2)
-Retained persons to camp authorities………………………..GC I, art. 28(2); GC II, art. 37(3); GC III, art.

33(2) Accidents -Occupational, claims and compensation …………………… GC III, arts. 54, 68(1); GC IV, arts. 40(3), 51(3), 95(4) Accused -Notification of charges …………………………………………… GC III, art. 105(4); GC IV, art. 71(2); AP I, arts. 45, 75(3), 75(4) -Grave breaches………………………………………………… GC I, art. 49(4); GC II, art. 50(4); GC III, arts. 129(4), 150(4); GC IV, art. 146(4); AP I, art. 85(1) -Rights -Appeal…………………………………………………………….GC III, art. 106; GC IV, art. 73; AP I, art. 75(4); AP II, art. 6 -Defense ………………………………………………………….. GC III, art. 105; GC IV, art. 72; AP I, art.
75(4); AP II, art. 6 -Impartial tribunal …………………………………………….. AP I, art. 75(4); AP II, art. 6 -Internal armed conflict……………………………………… GC I, art. 3(1); GC II, art. 3(1); GC III, art.
3(1); GC IV, art. 3(1); AP II, art. 6

-Persons charged with grave breaches …………………. GC I, art. 49(4); GC II, art. 50(4); GC III, art. 129(4); GC IV, art. 146(4); AP I, arts. 85(1), 85(4)
-Protected persons in occupied territory ………………. GC IV, arts. 71-76
-Spies ……………………………………………………………… Hague IV, art. 30; GC IV, art. 5; AP I, arts.
45(3), 75

Aggression
-Defined………………………………………………………………… UNGA Resolution 3314
-ICC jurisdiction…………………………………………………….. Rome Statute, art. 5

Agreements
-Armistice……………………………………………………………… Hague IV, arts. 36-41
-Capitulation………………………………………………………….. Hague IV, art. 35
-International, binding on parties ……………………………… AP I, arts. 2, 49(4)
-May not derogate from rights of protected persons ……. GC I, art. 6; GC II, art. 6; GC III, art. 6; GC

IV, arts. 7, 47
-Medical aircraft …………………………………………………….. GC I, arts. 36-37; GC II, arts. 39-40; GC IV,

art. 22; AP I, arts. 25-29, 31, Annex I art. 12
-Posted in POW/internment camps …………………………… GC III, art. 41; GC IV, art. 99(2)
-Repatriation………………………………………………………….. GC III, art. 119; GC IV, arts. 36, 132, 134-35
-Special protection localities/zones …………………………… GC I, art. 23, Annex I; GC IV, arts. 14-15,

Annex I; AP I, arts. 59-60
Airborne Troops (paratroopers) ………………………………………. AP I, art. 42(3)
Aircraft………………………………………………………………………… GC IV, art. 22

-Civil, crew members ……………………………………………… GC I, art. 13(5); GC II, art. 13(5); GC III, art. 4A(5) -Military, civilian crew members ……………………………… GC I, art. 13(4); GC II, art. 13(4); GC III, art. 4A(4)
-Medical aircraft …………………………………………………….. GC I, arts. 36-37; GC II, arts. 39-40; GC IV,
art. 22; AP I, arts. 24-31, Annex I, arts. 5-6,
12-13

-Neutral military…………………………………………………….. GC II, art. 15
-Shipwrecked…………………………………………………………. GC II, art. 12; AP I, art. 8
Airmen
-Parachuting…………………………………………………………… AP I, art. 42

Air Raid
-Civilians, protection ………………………………………………. AP I, arts. 51-63
-POWs/internees, protection…………………………………….. GC III, art. 23; GC IV, art. 88

Aliens
-Non-repatriated persons, rights ……………………………….. GC IV, art. 38
-Occupied territory …………………………………………………. GC IV, arts. 48, 70; AP I, art. 73
-Territory of party to conflict …………………………………… GC IV, arts. 35-46; AP I, art. 73

Ammunition…………………………………………………………………. see Weapons
Amnesty
-Internal armed conflict, participants ………………………… AP II, art. 6(5)
Annexation of Occupied Territory…………………………………… GC IV, art. 47

Appeal, Administrative/Penal Sanctions -Convicted persons …………………………………………………. GC III, arts. 106-07; GC IV, art. 73, AP I, art.
75(4); AP II, art. 6(3) -Internees ………………………………………………………………. GC IV, art. 126 -Periods allowed …………………………………………………….. GC III, art. 105(3); GC IV, arts. 74(2), 126 -Protected persons…………………………………………………… GC IV, art. 78
Appropriation of Property ……………………………………………….GCI, art. 50; GC II, art. 51; GC IV, art. 147

Armed Conflict -Colonial domination and racists regimes ………………….. AP I, arts. 1(4), 96(3) -International …………………………………………………………. GC I, art. 2; GC II, art. 2; GC III, art. 2; GC
IV, art. 2; AP I, art. 1(3) -Non-international (internal)…………………………………….. GC I, art. 3; GC II, art. 3; GC III, art. 3; GC IV, art. 3; AP II, art. 1
Armed Forces -Combatants/noncombatants…………………………………….. Hague IV, art. 3; AP I, art. 43(2) -Compulsory service of POWs/protected persons………..Hague IV, art. 23(h); GC III, art. 130; GC IV,
arts. 51(1), 147; Rome Statute, art. 8.2 -Definition …………………………………………………………….. AP I, art. 43(1) -Levée en masse……………………………………………………… Hague IV, art. 2; GC I, art. 13(6); GC II, art.
13(6); GC III, art. 4A(6); AP I, art. 44(6) -Regular armed forces……………………………………………… GC III, arts. 4A(1), 4A(3); AP I, art. 43(1) -Members of crews …………………………………………………. GC I, art. 13(5); GC II, art. 13(5); GC III, art.
4A(5) -Militias/volunteer corps………………………………………….. Hague IV, art. 1; GC I, arts. 13(1)-(2); GC II,
arts. 13(1)-(2); GC III, arts. 4A(1)-(2) -Paramilitary/law enforcement …………………………………. AP I, art. 43(3) -Persons accompanying the force ……………………………… Hague IV, art. 13; GC I, art. 13(4); GC II, art.
13(4); GC III, art. 4A(4); AP I, arts. 22(1), 23(6), 44(6), 50(1)-(2); DoDD 2311.01E -Organized resistance movements …………………………….. GC I, art. 13(2); GC II, art. 13(2); GC III, art. 4A(2) -Status in doubt……………………………………………………….GC III, art. 5; AP I, art. 45(1) Armistice -Cessation of hostilities …………………………………………… Hague IV, art. 36; GC I, art. 15 -Definition …………………………………………………………….. Hague IV, art. 37 -Denunciation ………………………………………………………… Hague IV, art. 40 -POWs, release/repatriation………………………………………Hague IV, art. 20; GC III, arts. 118 -Resumption of hostilities………………………………………… Hague IV, arts. 36, 40 Armlet …………………………………………………………………………. see Emblems Arms……………………………………………………………………………. see Weapons Arrest -ICC ……………………………………………………………………… ROME Statute, arts. 89-92 -Internees ………………………………………………………………. GC IV, arts. 118, 119(4); AP I, arts. 11, 75(3), 75(6), 76(2), 77(4)
-Protected persons ………………………………………………….. GC IV, arts. 70, 136(2), 70(2); AP I, arts. 73, 45(3), 73 -POWs ………………………………………………………………….. GC III, arts. 21, 89(4), 95 Assassination………………………………………………………………… Hague IV, art. 23(g); AP I, art. 37(1); EO 12333, secs 2.11 and 3.4 Assigned Residence ………………………………………………………. GC IV, art. 41 Attacks -Bombardment……………………………………………………….. Hague IV, arts. 26-27; AP I, arts. 51(5), 57; AP II, art. 13 -Civilian objects …………………………………………………….. AP I, arts. 52, 85(3); Rome Statute, art. 8.2 -Civilian population………………………………………………… AP I, arts. 51(2), 51(5), 57-58, 85(3); AP II, art. 13; Rome Statute, art. 8.2 -Cultural/religious objects ……………………………………….. Hague IV, art. 27, AP I, arts. 52-53, 85(4); AP II, art. 16; 1954 Cultural Property Convention -Definition …………………………………………………………….. AP I, art. 49(1) -Indiscriminate……………………………………………………….. AP I, arts. 51(4), 51(5), 85(3) -Medical -Aircraft ………………………………………………………….. GC I, arts. 35-36; GC II, arts. 39-40; GC IV, art. 22; AP I, arts. 24-28, 31(2)
-Hospitals………………………………………………………… Hague IV, art. 27; GC I, art. 19; GC II, art. 23; GC IV, art. 18(1);AP I, arts, 8(e), 12; AP II, art.
-Land transports ……………………………………………….. GC I, art. 35(1); GC IV, art. 21; AP I, art. 21; AP II, art. 11 -Ships ……………………………………………………………… GC I, art. 20; GC II, arts. 22, 24-27, 38; GC IV, art. 21; AP I, arts. 22-23; AP II, art. 11 -Objects indispensable to survival of population ………… AP I, art. 54; AP II, art. 14
-Persons hors de combat………………………………………….. Hague IV, art. 23(c); GC I, arts. 3, 12; GC II, arts. 3,12; GC IV, arts. 3, 13; GC IV, art. 3; AP I, arts. 10, 41, 85(3); AP II, arts. 4(1), 7(1)
-Precautions…………………………………………………………… AP I, art. 57
-Schools ………………………………………………………………… AP I, art. 52(3)
-Shields against, protected persons or objects…………….. GC I, art. 19; GC IV, art. 28; AP I, arts. 12(4),

28(1), 37(1), 51(7) -Undefended places/demilitarized zones……………………. Hague IV, art. 25; GC IV, art. 15; AP I, arts.
59-60, 85(3)
-Warning……………………………………………………………….. Hague IV, art. 26; AP I, art. 57(2)
-Works/installations containing dangerous forces……….. AP I, arts. 56, 85(3); AP II, art. 15

B
Bacteriological Warfare …………………………………………………. see Weapons
Belligerents, defined ……………………………………………………… Hague IV, arts. 1-3; GC III, art. 4
Besieged Places…………………………………………………………….. FM 27-10, par. 44-46, Hague IV, art. 27
Blockade ……………………………………………………………………… GC IV, art. 23; AP I, arts. 70-71; AP II, art.

18(2)

Body Marking, prohibited……………………………………………….GC IV, art. 100(1) Bombardment -Aerial……………………………………………………………………Hague IV, arts. 25-27; GCIII, art. 23(2); GC
IV, arts. 88, 95(3); AP I, arts. 61-63, 66
-Military objectives in civilian concentrations ……………. AP I, art. 51(5)
-Warning………………………………………………………………..Hague IV, art. 26

Booby-Traps…………………………………………………………………. CCW Protocol II; CCW Amended Protocol II
Bullets …………………………………………………………………………. see Weapons
Bureau of Information……………………………………………………. GC III arts 122, 123; FM 27-10, par. 203-205
Burial…………………………………………………………………………… see Deceased Persons

C

Camps
-Administration………………………………………………………. GC III, art. 39; GC IV, arts. 99-104
-Conventions applied/posted ……………………………………. GC III, arts. 39, 41; GC IV, art. 99
-Discipline …………………………………………………………….. Hague IV, art. 8(1); GC III, arts. 39-42, 96(2),

96(3); GC IV, arts. 100-104, 117-126
Location………………………………………………………………….Hague V, art. 11(1); GC III, arts. 19, 22; GC

IV, arts. 82-83; AP II, art. 5(2)
-Marking ……………………………………………………………….. GC III, art. 23(4); GC IV, art. 83(3)
-Recreation…………………………………………………………….. GC III, art. 38; GC IV, art. 94
-Restrictions on liberty/movement ……………………………. Hague IV, art. 5; GC III, art. 21; GC IV, art.

78; AP II, art. 5

-Transfer ……………………………………………………………….. GC III, arts. 46-48; GC IV, art. 127
Capitulation…………………………………………………………………..Hague IV, art. 35
Captivity………………………………………………………………………. Hague IV, arts. 4-20; GC III, arts. 17-121; GC

IV, arts. 79-135; AP II, art. 5
-Beginning …………………………………………………………….. GC III, arts. 5(1), 17-20
-Termination ………………………………………………………….. Hague IV, art. 20; GC III, arts. 21, 66, 109-21;

GC IV, arts. 132-35; AP I, arts. 41(3), 75(6);
AP II, art. 5(4)
Capture
-Children………………………………………………………………..API, art. 77(3); AP II, art. 4(3)
-Medical
-Aircraft…………………………………………………………… GC I, art. 36(5); GC II, art. 39(5); AP I, art.
30(4)
-Buildings/material……………………………………………. GC I, arts. 33-34
-Hospital ships………………………………………………….. GC II, arts. 14, 22, 24-25; AP I, arts. 22-23
-Units………………………………………………………………. GC I, art. 19(1)
-Vehicles ………………………………………………………….. GC I, arts. 35(2), 35(3)
-Pre-capture offenses ………………………………………………. GC III, art. 85; AP I, arts. 44(2), 44(4)
-Retained persons …………………………………………………… GC I, art. 31; GC II, arts. 36-37; GC III, art.
33
-Spies ……………………………………………………………………. see Espionage

Chaplains …………………………………………………………………….. GC I, arts. 24, 28, 30, 47; GC II, arts. 36-37,
42, 48; GC III, arts. 33, 35-37; AP I, arts. 8(d),
15(5), 43(2); AP II, arts. 5(1), 9

Chemical Weapons ……………………………………………………….. see Weapons

Children -Capture………………………………………………………………… AP I, art. 77(3); AP II, art. 4(3) -Death penalty, prohibited……………………………………….. GC IV, art. 68(4); AP I, art. 77(5); AP II, art.
6(4) -Evacuation……………………………………………………………. GC IV, arts. 17, 24(2); AP I, art. 78; AP II, art. 4(3) -Internment, education, treatment……………………………… GC IV, arts. 76(5), 82(2), 94(2), 94(3), 126;
AP I, arts. 77(1), 77(4), 78(3); AP II, art. 4(3)
-Occupied territory …………………………………………………. GC IV, art. 50
-Protections……………………………………………………………. AP I, art. 77
-Recruitment for armed forces………………………………….. AP I, art. 77(2); Rome Statute, art. 8.2
-Separated from family……………………………………………. GC IV, arts. 24(1), 50(3); AP I, art. 78(1); AP

II, art. 4(3) -Under 12, special measures…………………………………….. GC IV, arts. 24(2), 24(3) -Under 15, special measures…………………………………….. GC IV, arts. 23(1), 24(2), 38(5), 50(5), 89(5);
AP I, arts. 70(1), 77(2), 78(1), 78(2); AP II, art.
4(3)
Churches, protection ……………………………………………………… Hague IV, arts. 27, 56
Civil Defense ……………………………………………………………….. GC IV, art. 63(2); AP I, arts. 58, 61-67, Annex
I arts. 14-15
Civilian Hospitals………………………………………………………….. Hague IV, art. 27; GC IV, arts. 18-20, 57; AP
I, arts. 8(e), 12-14; AP II, art. 11
Civilian Objects
-Air-delivered incendiaries………………………………………. CCW Protocol III, art. 2
-Confiscation …………………………………………………………. Hague IV, art. 46(2)
-Definition …………………………………………………………….. AP I, art. 52
-Destruction for military necessity ……………………………. Hague IV, art. 23(g); GC IV, art. 53; AP I, art.
54(5)
-Direct attack …………………………………………………………. Hague IV, arts. 25, 27; AP I, arts. 52(1), 56,
59-60; Rome Statute, art. 8.2
-Grave breaches……………………………………………………… GC IV, art. 147; AP I, arts. 85(1), 85(3)-(4);
Rome Statute, art. 8.2
-Indiscriminate attack……………………………………………… AP I, arts. 52(4)-(5)
-Indispensable for survival of population…………………… AP I, arts. 54(2)-(5)

-Pillage………………………………………………………………….. Hague IV, art. 28; GC I, art. 15(1); GC II, art.
18(1); GC IV, arts. 16, 33; AP II, arts. 4(2), 8;
Rome Statute, art. 8.2

-Protection …………………………………………………………….. Hague IV, arts. 23(g), 25-28, 46-47, 52-54; GC
IV, arts. 33(2)-(3), 46, 53; AP I, arts. 48, 51(4)(5), 52, 57

-Precautions…………………………………………………………… Hague IV, arts. 26-27; AP I, arts. 48, 51(4)-(5),
56(3), 57-58

-Reprisals……………………………………………………………….GC IV, art. 33; AP I, art. 52(1)

Civilians ………………………………………………………………………. GC; AP I, arts. 48-79; AP II, arts. 4-18
-Attacks
-Coercion ………………………………………………………………. GC IV, art. 31; AP I, art. 75(2)
-Collective punishment…………………………………………….HagueIV, art. 50; GC IV, art. 33; AP I, arts.

50, 75(2), 75(4); AP II, art. 4(2)
-Direct attack, prohibited…………………………………………HagueIV, art. 25; GC IV, art. 28; AP I, arts.
51(2)-(3); AP II, art. 13; CCW Protocol III,
art. 2; Rome Statute, art. 8.2
-Discrimination prohibited……………………………………….. GC I, art. 3; GC II, art. 3; GC III, art. 3; GC
IV, arts. 3, 13, 27; AP I, arts. 9(1), 10(2),
70(1), 73, 75(1), 85(4); AP II, arts. 2(1), 4(1),
7(2)
-Espionage …………………………………………………………….. Hague IV, arts. 29-30; GC IV, arts. 5, 68(2);

AP I, art. 45(3)
-General protections ……………………………………………….. GC IV, arts. 13-26
-Hostages ………………………………………………………………. GC I, art. 3(1); GC II, art. 3(1); GC III, art.

3(1); GC IV, arts. 3(1), 5(3), 27(1), 100,
127(1); AP I, art. 75(1); AP II, arts. 4(1), 5(3),
7(2); Rome Statute, art. 8.2

-Humane treatment …………………………………………………. GC I, art. 3(1); GC II, art. 3(1); GC III, art.
3(1); GC IV, arts. 3(1), 34, 147; AP I, art.
75(2); AP II, art. 4(2)

-Incendiary weapons………………………………………………..CCW Protocol III, art. 2
-Indiscriminate attacks prohibited …………………………….. AP I, arts. 51(4)-(5)
-Internees ………………………………………………………………. GC IV, arts. 79-135; AP I, arts. 75-77; AP II,

arts. 4-6
-Journalists…………………………………………………………….. AP I, art. 79, Annex II
-Levée en masse……………………………………………………… Hague IV, art. 2; GC I, art. 13(6); GC II, art.

13(6); GC III, art. 4A(6); AP I, art. 44(6)
-Loss of protections ………………………………………………… GC IV, art. 5
-Martens Clause………………………………………………………Hague IV, preamble; GC IV, art. 158(4); AP I,

art. 1(2)
-Participation in hostilities………………………………………..GCIV, art. 5; AP I, arts. 45, 51(3); AP II, art.
13(3)
-Persons accompanying the force ……………………………… Hague IV, art. 13; GC I, art. 13(4); GC II, art.
13(4); GC III, art. 4A(4); AP I, arts. 22(1),
23(6), 44(6), 50(1)-(2); DODD 2311.01E
-Precautions in the attack…………………………………………. Hague IV, art. 27(2); GC IV, arts. 14-15,
18(3)-(5), 20(2)-(3), 21, 28, 83, 88, Annex I art.
6; AP I, arts. 12(3)-(4), 18, 51(7), 57-60

-Protected persons
-Definition………………………………………………………..GC IV, art. 4
-Status and treatment…………………………………………. GC IV, arts. 27-78

-Refugees……………………………………………………………….GCIV, arts. 4, 44, 70; API, art. 73
-Reprisals prohibited……………………………………………….. GC IV, art. 33; AP I, arts. 20, 51(6)

-Shields, use as ………………………………………………………. GC IV, art. 28; AP I, art. 51(7); Rome Statute,
art. 8.2
Claims
-POWs ………………………………………………………………….. FM 27-10, pars. 130, 144; GC III, arts. 54,
68(1); GC IV, arts. 40(3), 51(3), 95(4)
Coercion
-Civilians ………………………………………………………………. GC IV, art. 31; AP I, art. 11(3), 75(2)
-Judges and public officials……………………………………… FM 27-10, par. 422; GC IV, art. 54
-POWs ………………………………………………………………….. FM 27-10, par. 17, 93, 99, 175, 270; GC III,
arts. 17(4), 99(2); AP I, art. 11(3)
-Treaty formation …………………………………………………… Vienna Convention on Law of Treaties, arts.
51, 52
Collective Punishment
-Civilians ………………………………………………………………. Hague IV, art. 50; GC IV, art. 33; AP I, arts.
75(2), 75(4); AP II, art. 4(2)
-POWs ………………………………………………………………….. FM 27-10, pars. 163, 272, 448, 497; GC III,
art. 87
Combatants
-Definition …………………………………………………………….. AP I, art. 43(2)
-Distinction from civilian population ………………………… Hague IV, art. 1; GC I, art. 13(2); GC II, art.
13(2); GC III, art. 4A(2); AP I, art. 44(3)

-Hors de combat …………………………………………………….. Hague IV, art. 23(c); GC I, arts. 3(1), 12, 15;
GC II, arts. 3(1), 12, 18; GC III, art. 3(1); AP
I, arts. 10, 41, 44(8); AP II, arts. 4(1), 7

-Levée en masse …………………………………………………….. Hague IV, art. 2; GC I, art. 13(6); GC II, art.
13(6); GC III, art. 4A(6); AP I, art. 44(6)
-Paramilitary/law enforcement …………………………………. AP I, art. 43(3)
-Privileged …………………………………………………………….. Hague IV, arts. 1-3; GC I, art. 13; GC II, art.
13; GC III, art. 4; AP I, arts. 43-44
-Unprivileged…………………………………………………………. AP I, arts. 46, 47, 51(3)
Command…………………………………………………………………….. AP I, art. 43(1); AP II, art. 1(1)
Commander
-Duties
-Ensure subordinates aware of LOW obligations ….. AP I, art. 87(2)
-Prevent/report breaches ……………………………………. AP I, arts. 86-87
-Warn prior to attack…………………………………………. Hague IV, art. 26; AP I, art. 57(2)
-Internment camps………………………………………………….. GC IV, arts. 96, 99(1), 123(1), 123(5)
-Legal adviser available…………………………………………… AP I, art. 82
-POW camps………………………………………………………….. GC III, arts. 39, 56(2), 96(2), 96(5)

-Responsibility for subordinates……………………………….. Hague IV, art. 1; GC I, art. 13(2); GC II, art.
13(2); GC III, art. 4A(2); AP I, arts. 86-87;
Rome Statute, art. 28

Compensation
-Requisitioned property/services………………………………. Hague IV, art. 52; GC IV, art. 55(2)
-Seized property …………………………………………………….. Hague IV, art. 53

Compulsion
-POW and labor ………………………………………………………GC III, sec III
-POW to accept parole…………………………………………….. GC III, art. 21
-Protected persons…………………………………………………… GC IV, art. 51, Hague IV, art. 44, 45
-Moral/physical to obtain information………………………..GC III, art. 17, GC IV, art. 31

Confiscation …………………………………………………………………. see Property Conflict, not of an international character…………………………. see Internal Armed Conflict Conventions
-Application of
-Beginning……………………………………………………….. GC I, art. 5; GC II, art. 4; GC III, art. 5(1);
GC IV, art. 4; AP I, art. 3; AP II, art. 2
-Scope……………………………………………………………… Hague IV, art. 2; GC I, arts. 2, 45; GC II, arts.
2, 46; GC III, arts. 2, 126; GC IV, arts. 2, 142;
AP I, arts. 1(3), 4, 80-81; AP II, arts. 1-2
-Termination…………………………………………………….. GC I, art. 5; GC III, art. 5; GC IV, art. 6; AP

I, art. 3
Contact Zone ………………………………………………………………… AP I, art. 26
Contracting Parties

-Handing over persons who commit grave breaches…….GCI, art. 49; GC III art.129; GC IV, art.146,
AP I, art. 5
-Mutual communications………………………………………….GC I, art. 48; GC III, art. 128; GC art. 145;
AP I art. 84
-Obligation to instruct on…………………………………………. Hague IV, art. 1; GC I art. 47; GC III art. 127;
GC art. 156; AP I arts 6, 80, 83
-Respect for conventions …………………………………………. GC I/GC III/GC AP I, art. 1
Contractors, status of accompanying force, ………………………. Hague IV, art. 13; GC I art. 13(4); GC III art.
4(a)(4)
Conviction
-Conditions for validity …………………………………………… GC III arts. 3, 84, 85, 87, 99; GC IV, art. 3, 71,
72, 115, 126, 146
-of POWs ………………………………………………………………. GC III, art. 119
-of Protected persons ………………………………………………. GC IV, art. 70
-Treatment of detainees …………………………………………… GC IV, arts. 76, 115, 126; AP II art. 5
Corpse …………………………………………………………………………. see Deceased Persons
Correspondence…………………………………………………………….. GC III art. 71; GC IV, art. 107; AP II art. 5
-Censorship
-of POWs/internees …………………………………………… GC III, arts. 71(1), 76; GC IV, art. 112(1)
-of retained chaplains ………………………………………… GC III, art. 35
Counterintelligence ……………………………………………………….. EO 12333, secs. 1.11(2) and 1.12(1) (d)
Courts ………………………………………………………………………….. see Judicial Process
Cremation…………………………………………………………………….. see Deceased Persons
Crimes
-Grave breaches ……………………………………………………… GC I, art. 50; GC III, art. 130; GC IV, art. 147;
AP I, arts. 11, 85-86
-Offences against ordinary criminal law…………………….. GC IV, art. 70

Cultural and Spiritual Property/ Objects…………………………… AP II, art. 16

D
Dams, Dykes & Nuclear Electrical Generating Stations …….. AP I, art. 56; AP II, art. 15

Dead
-Booby-traps………………………………………………………….. CCW Amended Protocol II, art. 7
-Role of the civilian population and aid societies………… AP I, art. 17(2)

Death -Certificates …………………………………………………………… Hague IV, art. 14; GC I, art. 16; GC III, art.
120; GC IV, art. 129
-of POWs………………………………………………………………. GC III, arts. 120-121
-of Protected persons ………………………………………………. GC IV, arts. 129-131

Death Penalty……………………………………………………………….. GC III, arts. 100, 101; GC IV, arts. 68, 71, 74
-Protection of women ……………………………………………… AP I, art. 76; AP II, art. 6(4)
-Protection of children…………………………………………….. AP I, art. 77(5); AP II, art. 6(4)

Deceased Persons………………………………………………………….. GC I, arts. 15-17; GC III, art. 120-122; GC IV,
art. 129; AP I art. 33
-Burial…………………………………………………………………… GC I, art. 17; GC II, arts. 20(1), 20(2); GC III,
art. 120; GC IV, art. 130; AP I, art. 34
-Graves registration ………………………………………………… GC I, art. 17; GC II, art. 20; GC III, art. 120;
AP I, art. 34(2)(a)
Deception
-Permissible…………………………………………………………… Hague IV, art. 24, AP I, art. 37
-Perfidy, prohibition ……………………………………………….. Hague IV, art. 23, AP I, art. 37-9, 85
-Ruses …………………………………………………………………… Hague IV, art. 24; AP I, art. 37(2)
Decoration(s)………………………………………………………………… GC III, arts 18, 40
Demilitarized Zones………………………………………………………. AP I, art. 60, 85

Denunciation………………………………………………………………… Law of Treaties, art. 56; GC I, art. 63-4; GC
III, art. 142; GC IV, art. 158; AP I; art. 99;
AP II; art. 25; CCW, art. 9

Deportation ………………………………………………………………….. GC IV, art. 49; AP I, art. 85
Destruction…………………………………………………………………… Hague IV, arts. 23 (g), 46, 55-6; GC IV, art. 53
Detainees……………………………………………………………………… GC IV, art. 76; DoDD 2310.01E

-Health………………………………………………………………….. AP I, art. 11(1); AP II, art. 5(2)(e)
-International armed conflict ……………………………………. Hague IV, art. 30; GC I, art. 49; GC III, arts.
5, 129; GC IV, art. 146; AP I, arts. 11, 45, 757, 80, 85
-Internal armed conflict …………………………………………… GC I, II, III, IV, art. 3
Detaining Powers………………………………………………………….. GC III, arts. 12, 33; GC IV, arts. 29, 37-46;
AP I, arts. 11, 45, 75
Detention.
-Facilities………………………………………………………………. GC III, arts. 97, 108; GC IV, arts. 83-8, 124;
AP II, art. 5
-of Protected person in occupied territory ………………….. GC IV, art. 76

-of POWs subjectto criminal prosecution…………………..GCIII, arts. 113, 115; GCIV, art. 133
-Women ………………………………………………………………… GC III, arts. 97, 108; GC IV, art. 124; AP I,

arts. 75-76; AP II, art. 5
Devastation…………………………………………………………………… GC IV, art. 147
Diet……………………………………………………………………………… see Food
Dignity ………………………………………………………………………… Hague IV, art. 46; GC I, arts. 3, 12; GC III,

art. 3, 13; GC IV, arts. 3, 27; AP, I, arts. 75(2),
85(4); AP, II, art. 4
Diplomatic and Consular Staff…………………………………………GC I, art. 8; GC III, art. 8; GC IV, art. 9
Disciplinary Sanctions …………………………………………………… GC III, arts. 89-98; GC IV, art. 119; AP I, arts.
86-87
Discipline …………………………………………………………………….. GC III, art. 39; GC IV, art. 99
Discrimination………………………………………………………………. GC IV, arts. 54, 98; AP I, art. 85(c)
Dispersed Families…………………………………………………………AP I, art. 74

Dissemination of Conventions ………………………………………… Hague IV art. 1; GC I, art. 47; GC III, art. 127;
GC IV, art. 144; AP I, arts 83, 87; AP II, art.
19

Distinction…………………………………………………………………….GCIV, arts. 54, 98; AP I, art. 85(c)
Disturbances and Tensions…………………………………………….. Rome Statute, art. 8 (d) and (f); AP II, art. 1(2)

E

Emblems………………………………………………………………………. CCW Protocol II, arts. 6.1(b)(1) and 7.1(a); Rome Statute, arts. 8.2 (b)(vii), (b)(xxiv), (e)(ii)
-Armlet………………………………………………………………….. GC I, art. 39; GC II, art. 41; GC IV, art. 20; AP I, arts. 18(3), 18(6), Annex I, arts. 3(1), 4(1)-(2)
-Civilian hospital personnel ……………………………….. GC IV, art. 20(2)
-Distinctive……………………………………………………….Hague IV art. 23; GC I, arts. 38-44; GC IV,

arts. 18-22; AP I, Chapt. II
-Medical/religious personnel………………………………. GC I, art. 40; GC II, art. 42
-Red Cross/Red Crescent …………………………………… Hague IV, art. 23(f); GC I, arts. 42, 44, 53; AP

I, arts. 17, 38; AP II, art. 39; Rome Statute, art.

8.2
-UN emblem…………………………………………………….. AP I, art. 38(2)
-Flag of truce/ white flag …………………………………………. Hague IV arts. 23, 32-4; AP I, arts. 38, 85;
Hague IV, art. 32
-Insignia…………………………………………………………………HagueIV, art. 23(f); GC I, art. 40(4); GC I,

art. 42(4); AP I, art. 39(1), (2)
-of Nationality………………………………………………………… AP I, art. 39
-Recognized ……………………………………………………………AP I, art. 38

Entry into Force of Conventions ……………………………………… Hague IV art. 7; GC I, art. 58; GC III, art. 138;
GC IV, art. 153,
Equality of Treatment, generally……………………………………… GC I, art. 12; GC III, art. 16; GC IV, art.
13,27; AP I, art. 15
Equipment

-Medical………………………………………………………………… GC I, arts. 12, 33-4
-Military for POWs protection …………………………………. GC III, art. 18
-Working conditions for POWs………………………………… GC III, art. 51

Escapes………………………………………………………………………… GC III, arts. 91-4, 122; GC IV, arts. 120-2, 136
Espionage, generally…………………………………………………….. Hague IV, arts. 24-31; GC IV, arts. 5, 66, 68
-Civilians ………………………………………………………………. Hague IV, arts. 29-30; GC IV, arts. 5, 68(2);
AP I, art. 45(3)
-Spies……………………………………………………………………. Hague IV, arts. 29-31; GC IV, arts. 5, 68; AP
I, art. 46
-Capture ………………………………………………………….. Hague IV, art. 31; AP I, arts. 46(4), 45(3), 75
Evacuation……………………………………………………………………. GC III, arts. 19-20; GC IV, art. 49; AP I, arts.
41, 61; AP II, art. 5.2 (c )
-of Children …………………………………………………………… AP I, art. 78
Execution …………………………………………………………………….. GC I, art. 3(1)(d); GC I, art. 3(1)(d); GC III,

art. 3(1)(d); GC IV, art. 3(1)(d)

Exemption……………………………………………………………………. GC III, art. 124

Experiments, prohibited…………………………………………………. GC I, arts. 12, 50; GC III, arts. 13, 130; GC

IV, arts. 32, 147; AP I, arts. 11, 85; AP II, art.
5

Extradition of Persons……………………………………………………. GC I, art. 49; GC III, art. 129; GC IV, art. 146;
AP I, arts. 85, 88

F
Failure to Act ……………………………………………………………….. AP I, art. 86
Family …………………………………………………………………………. GC IV, arts. 49, 82; AP I, arts. 75, 77; AP II,

art. 5

Fatigue Duties ………………………………………………………………. GC III, art. 89; GC IV, art. 119

Feigning ………………………………………………………………………. Hague IV, art. 23(b) ; AP I, art. 37

Flags, misuse………………………………………………………………… Hague IV art. 23; AP I, arts. 37-9, 85

Flight Plans of Medical Aircraft ……………………………………… GC I, arts. 36-7; GC IV, art. 22; AP I, arts. 25
31

Food ……………………………………………………………………………. Hague IV art. 7; GC III, arts. 26, 28; GC IV,
arts. 23, 55, 59, 89; AP I, arts. 54, 69-70; AP

II, arts. 5, 14, 18

Forced Movement, prohibitions………………………………………. AP II, art. 17

Forced Prostitution, prohibited ……………………………………….. GC IV, art. 27; AP I, arts. 75-76; AP II, art. 4

Fundamental Human Rights …………………………………………… see Human Rights

G
Gas Masks,…………………………………………………………………… GC III, art. 18
Genocide ……………………………………………………………………… Rome Statute, arts. 5.1(a), 6, 25.3(e), 33.2
Grave Breaches …………………………………………………………….. GC I, arts. 49-51; AP I, arts. 75.7(b), 85, 86,

88; Rome Statute, art. 8.2 (a)
-War crimes …………………………………………………………… Rome Statute, art. 8

H

Herbicides ……………………………………………………………………. EO 11850

Historic Monuments………………………………………………………. Hague IV, art. 27; 1954 Cultural Property
Convention; AP I, arts. 85 (4)(d), 52(1), 52(3),
53, 85(4)(d); AP II, art. 16

Hors de Combat…………………………………………………………….. Hague IV, art. 23(c) ; AP I, arts. 41, 85.3(e);
GC I, art. 3 (1); GC II, art. 3 (1); GC III, art. 3
(1); GC IV, art. 3 (1); Rome Statute, art. 8.2(c)

-Cessation of protection……………………………………………AP I, art. 65.2(c)
Hospitals………………………………………………………………………. FM 27-10, pars. 209, 224, 253, 260, 544; GC
IV, arts. 18, 19, 56, 57, Annex I, arts 2, 4, 6, 11;
Hague IV, art. 27; GC III, art. 33 (a) ; GC IV,
art. 18(5); API, art. 12(4)
-Personnel/staff……………………………………………………….GC I, arts. 24, 25, 40, 41; GC IV, art. 20; AP
I, art. 15(1), 18(3); AP II, arts. 9, 12
-Loss of protection…………………………………………………..Hague IV, art. 27; GC I, art. 21; GC IV, art.
19; AP I, art. 13; AP II, art. 11(2)
Hostages, taking of…………………………………………………………FM 27-10, pars. 11, 273, 497; GC IV, arts. 34;
AP I, art. 75.2 (c); AP II, art. 4.2(c); Rome
Statute, art. 8.2(a)(viii)
Hostilities …………………………………………………………………….. FM 27-10, pars. 20-59; Hague III; Hague IV,
Section II; GC IV, art. 6; GC I, art. 26; GC
III, arts. 21, 43, 58, 67, 109, 111; AP I, art. 45
and Part IV
-End of hostilities……………………………………………………. GC I, art. 17; GC III, art. 118
Human Rights……………………………………………………………….. UN Charter Preamble, arts. 1.3, 13.1, 55, 62.2;
AP I, art. 72; AP II, Preamble
Humane Treatment…………………………………………………………Hague IV, art. 4(2); GC I, arts. 3(1), 12; GC
II, arts. 3(1), 12; GC III, arts. 3(1), 13; GC III,
arts. 3(1), 5(3), 27(1), 100, 127(1); AP I, arts.
10(2), 75; AP II, art. 4; Torture Convention,
art. 16
Humanitarian Activities …………………………………………………. GC I, arts. 9, 22; GC II, art. 9; GC III, arts. 9,
123; GC IV, arts. 10, 63, 140
Humanity……………………………………………………………………… FM 27-10, par. 6; GC I, art. 63(4); GC II, art.
62(4); GC III, art. 142(4); GC IV, art. 158(4);
AP I, art. 1(2)
Hygiene ……………………………………………………………………….. GC III, Chap. III; GC IV, Chap. IV

I

Imprisonment ……………………………………………………………….. GC III, arts. 68(1), 71(2), 87(3), 103; GC IV,
arts. 68(1), 69, 118(2); AP I, art. 33(2) ; AP II,
art. 5

Indiscriminate Attacks …………………………………………………… AP I, arts. 51(4), 51(5), 85(3)

Inhabitants…………………………………………………………………….Hague IV, art. 50; GC I, art. 13(6); GC II, art.
13(6); GC III, art. 4(6); GC IV, art. 33,

Insignia………………………………………………………………………… see Emblems

Injury…………………………………………………………………………… Hague IV, art. 23(c); GC III, arts. 3, 121; GC
I, art. 50; GC II, art. 51
Insurgent ……………………………………………………………………… see Combatant
Insurrection ………………………………………………………………….. see Conflicts not of an International Character
Intelligence Community…………………………………………………. EO 12333, pars. 1.1, 1.4, 1.7
-Intelligence Oversight Board ………………………………….. EO 12333, par. 1.7 (d) and (h)
Internal Armed Conflict…………………………………………………. GC I, II, III, IV, art. 3

International Committee of the Red Cross………………………… GC I, art. 9; GC III, arts. 11, 73, 75, 123,
Annex II; GC IV, arts. 3,10-14, 30, 59, 104,
108-111, 140; AP I, art. 5(3), (4)

-Activities and other humanitarian organizations………… AP I, art. 81
-Missing persons…………………………………………………….. AP I, art. 33(3)
-Special position…………………………………………………….. GC IV, art. 142

Internment……………………………………………………………………. FM 27-10, pars. 286-350; GC IV, art. 42; GC
IV, arts. 79-135
-Close of hostilities…………………………………………………. GC IV, arts. 6, 46, 77, 133; AP I, art. 3,
75(3)(b); AP II, arts. 2, 6,
-Internal conflicts …………………………………………………… GC I, II, II, IV, art. 3(1)
-Medical attention…………………………………………………… FM 27-10, pars. 298, 299; GC IV, arts. 91, 92;
AP I, art. 11; AP II, art. 5(1)(a)
-Working conditions……………………………………………….. FM 27-10, par. 302; GC IV, art. 95; AP II, art.
5(1)(e)
Interrogation…………………………………………………………………. FM 27-10, par. 93, 270; DoDD 2310.01E

J
Journalists ……………………………………………………………………. AP I, art. 79
-Identity Cards for Journalist……………………………………. AP I, Annex II

Judicial Process
-Courts………………………………………………………………….. GC III, art. 84; GC IV, arts. 54, 66, 67
-Guarantees……………………………………………………………. GC I, II, III IV, art. 3(1)(d); Rome Statute, art.

8 (c)(iv); AP I, art. 75
-Fundamental …………………………………………………… AP I, art. 75
-Judicial…………………………………………………………… GC III, art. 3(1)(d)
-of impartiality …………………………………………………. GC IV, art. 11

K
Killing/Wounding -After surrender ……………………………………………………… see Surrender -Limitations on means ……………………………………………… see Weapons
L
Labor…………………………………………………………………………… GC III, arts. 49, 52, 53; GC IV, art. 51
Labor Detachments ……………………………………………………….. GC III, art. 56; GC IV, art. 96

Laser……………………………………………………………………………. see Weapons
Law and Order………………………………………………………………. Hague IV, art. 43; GC IV, arts. 59(3), 60(4);

AP II, art. 3(1)
Law Enforcement Agency………………………………………………. API, art. 43
Legal Status of Parties to Conflict……………………………………. GC I, II, III, IV, art. 3; AP I, art. 4
Levée en Masse……………………………………………………………..FM 27-10, pars. 61, 65, 72; GC I, art. 13(6);

GC II, art. 13(6); GC III, art. 4A(6); AP I, art.
44(6)
Loss of Protection
-Civilians ………………………………………………………………. GC IV, art. 5; AP I, art. 51(3), AP II, art. 13(3)
-Civilian objects……………………………………………………… AP I, art. 52(2)
-Cultural/spiritual buildings……………………………………… Hague IV, art. 27
-Medical aircraft …………………………………………………….. GC I, arts. 36, 37; GC II, arts. 39, 40; GC IV,
art. 22; AP I, arts. 27, 28, 30(4), art. 31(2), (3)

-Medical units and hospitals …………………………………….. Hague IV, art. 21; GC I, arts. 21, 35; GC II,
art. 34; GC IV, arts. 19, 21; AP I, arts. 13, 21,
22, 23, 45(3); AP II, art. 11(2)

-Parachutists…………………………………………………………… FM 27-10, par. 30; AP I, art. 42
-Persons hors de combat ………………………………………….. AP I, art. 41
-Shipwrecked…………………………………………………………..AP I, art. 8(b)
-Spies ……………………………………………………………………. Hague IV, art. 29
-Wounded and sick …………………………………………………. AP I, arts. 8(a), 41(2)

M

Mail …………………………………………………………………………….. GC III, arts. 48, 71, 124; GC IV, arts. 107, 110,
128, 141
Marking
-of Land, sea & air transports …………………………………… GC I, art. 36
-of Units and neutral countries …………………………………. GC I, art. 42
-of Medical units and establishments ………………………… GC I, art. 42
-Internment camp……………………………………………………. GC IV, art. 83
-of POW and camps………………………………………………… GC III, art. 23

Martens Clause……………………………………………………………… Hague IV, Preamble; GC I, art. 63(4); GC II,
art. 62(4); GC III, art. 142(4); GC IV, art.
158(4) ; AP I, art. 1(2) ; AP II, Preamble

Medical
-Duties ………………………………………………………………….. GC I, arts. 25, 29, 41; GC III, arts 32, 62; AP

I, art. 16; AP II, art. 10
-Ethics……………………………………………………………………AP I, art. 16; AP II, art. 10
-Personnel ……………………………………………………………… GC I, arts. 6, 7, 12, 24, 30, 47; GC II, art. 48;

GC III, art. 4; GC IV, art. 17
-Transport ……………………………………………………………… GC I, art. 35; GC II, art. 37; AP I, art. 21
-Defined ………………………………………………………….. AP I, art. 8(6) ,(7)
-Treatment …………………………………………………………….. GC IV, art. 32

Methods and Means of Warfare………………………………………. Hague IV, arts. 22-28, 32-41; AP I, arts. 35-47 Military Necessity…………………………………………………………. FM 27-10, par. 3(a) ; Hague IV, art. 15; GC I, arts. 8, 33 50; GC II, art. 8, 51; GC III, art. 126; GC IV, arts. 108 147 Military Objective(s), defined…………………………………………. CCW Protocol II, art. 2(4); CCW Amended Protocol II, art. 2(6); CCW Protocol III, art. 1(4) Military Occupation………………………………………………………. see Occupation
N
Nationality -Adverse distinction based on ………………………………….. GC I, art. 12; GC II, art. 12; GC III, art. 16; GC IV, art. 13; AP I, art. 9(1)
-Badges of nationality
-Wearing of ……………………………………………………… GC III, art. 18(3)
-Right to retain …………………………………………………. GC III, art. 40

-Breaches against a parties own nationals -May be grave breaches …………………………………….. GC I, art. 50; GC II, 51; AP I, art. 85(3) -Not grave breaches ………………………………………….. GC IV, arts. 4, 147; AP I, art. 11(4)
-Children, maintenance and education by

-Persons of the same nationality …………………………. GC IV, art. 50(3)
-Credit balance of canteen to……………………………………. GC III, art. 28(3), GC IV, art. 87(3)
-Emblems of ………………………………………………………….. Hague IV, art. 23(f)
-Employment of protected persons of enemy……………… GC IV, art. 40(2)
-Exemption of postal charges of detainees…………………. GC IV, art. 110(2)
-Grave breaches, obligation to prosecute …………………… GC I, art. 49(2); GC II, art. 50(2); GC III, art.

129(2); GC IV, art. 146(2) ; AP I, art. 85(1), art. 86(1) -Graves …………………………………………………………………. GC I, art. 17(3) -Grouping in POW and Internment Camps ………………… GC III, art. 22(3); GC IV, art. 82(1) -Information communicated to bureau ………………………. GC III, art. 138(1) ; GC 78(3) -On internment card ………………………………………….. GC IV, Annex III -Medical personnel of same nationality …………………….. GC III, art. 30(3), 113, Annex I; GC IV art. 91(3) -Officers of same nationality in labor camps………………. GC III, art. 79(3) -of POW representatives………………………………………….. GC III, art. 79(5) -of Sick, wounded, and shipwrecked…………………………. GC I, art. 12(2); GC II, art. 12(2); AP I, art. 9(1) -Equality of treatment ……………………………………….. GC I, art. 18(2); GC II, art. 30(1); AP I, art. 10
National Law………………………………………………………………… GC I, arts. 48, 49; GC II, arts. 49, 50; GC III, arts. 128, 129; GC IV, arts. 145, 146; AP I, art. 16(3), 75(4), 84, 88; AP II, art. 6(2), 10(4)
National Red Cross, Red Crescent (Red Crystal) Societies -Activity in occupied territory………………………………….. GC IV, arts. 25, 30, 39, 63
-Facilities for humanitarian action…………………………….. GC III, art. 125; GC IV, art. 142; AP I, art.
81(2)
-Hospital ships ……………………………………………………….. GC II, arts. 24-27
-of Neutral countries………………………………………………..GC I, arts. 27, 32
-Personnel ……………………………………………………………… GC I, arts. 26-28,32, 40; GC II, arts. 24, 25, 36;
GC III, art. 33(2); AP I, art. 8(c)
-Retained……………………………………………………………….. GC I, art. 28; GC III, art. 33
-Role in aiding wounded, sick, and shipwrecked ………… GC I, art. 18; GC II, art. 21; AP I, arts. 17(1),
81
-Use of distinctive emblem……………………………………….GC I, arts. 40, 44; GC II, art. 44; AP I, arts. 8,
38(1), 85(3)(f); AP II, art. 12
Nationals (see also Nationality)
-Aliens in territory of a party to conflict…………………….. GC IV, arts. 35-46
-of Co-belligerent state, etc………………………………………. GC IV, art. 4(2); AP I, art. 73
-of Third states not otherwise protected …………………….. AP I, art. 75
Neutrality …………………………………………………………………….. FM 27-10, Chapter 9; Hague V, arts. 5, 10, 17;
GC II, art. 21
Neutralization……………………………………………………………….. see Military Objectives
Neutralization Zone……………………………………………………….. GC IV, art. 15
Neutral Observers………………………………………………………….. GC II, art. 31
Neutral Persons …………………………………………………………….. Hague V, arts. 16-18; GC IV, art. 4
-Belligerent acts………………………………………………………Hague V, arts. 4, 6, 10, 17
-Definition …………………………………………………………….. Hague V. art. 16
-Forfeiture of neutrality …………………………………………… Hague V art. 17
-Rights, duties and restrictions …………………………………. Hague V. arts. 16-18
-Status as protected persons……………………………………… GC IV, art. 4
Neutral Ports…………………………………………………………………. GC II, art. 17
Neutral Power, Country or Territory………………………………… (see also Neutrality)
-Accommodation ……………………………………………………. Hague V, arts. 11-14; GC I, art. 4; GC II, art. 5
-During hostilities and occupation. ……………………… GC III, arts. 4, 109, 110, 114-116, Annex I;
GC IV, arts. 24, 36, 132; AP I, art. 19
-Force used to enforce neutrality ………………………………. Hague V, art. 10
-Violation of neutrality ……………………………………………. Hague V, arts. 5, 10
Non-Combatant……………………………………………………………..GCIV, art. 15(2); Hague IV, art. 3
-Feigning status of ………………………………………………….. AP I, art. 37(1)(c)
-Members of armed forces……………………………………….. AP I, art. 43(2)
Non-Defended Localities ……………………………………………….. AP I, art. 59
Non-International Armed Conflict……………………………………AP II, Preamble
-Application of rules without adverse distinction………… GC I, II, III, IV, art. 3 par. 1; AP II, arts. 2(1),
4(1), 7(2), 18(2)
-Categories of ………………………………………………………… AP II, art. 1
-Civilian population protections ……………………………….. AP II, arts. 13-18
-Cultural objects and places of worship……………………… AP II, art. 16
-Dams, dykes, nuclearelectrical engineering stations…..AP II, art. 15

-Distinctive emblem ……………………………………………….. AP II, art. 12
-Fundamental guarantees…………………………………………. AP II, art. 4
-Humane treatment …………………………………………………. AP II, arts. 4-6
-Minimum protections…………………………………………….. GC I, II, III, IV, art. 3

O
Oath of Allegiance to Occupying Power, forbidden…………… Hague IV, art. 45
Objects
-Civilian………………………………………………………………… Hague IV, arts. 27, 46; GC IV, arts. 23, 53;
AP I, arts. 54, 61; AP II, art. 14
-Cultural and spiritual……………………………………………… Hague IV, arts. 27, 46; AP I, art. 53; AP II,
art. 16
-of Attack………………………………………………………………. GC I, art. 12, Annex I; GC IV, art. 18(1); AP
I, arts. 12, 41, 42, 51, 52, 56, 85; AP II, arts.
11, 13, 15
-of Reprisal ……………………………………………………………. GC I, art. 46; GC II, art. 47; GC III, art. 13(3);
GC IV, art. 33(3); AP I, arts. 20, 52-54, 56

Occupation of Territory …………………………………………………. GC IV, arts. 132-134
-Administration ……………………………………………………… Hague IV, arts. 48-49, 51, 54-56
-Administration of justice………………………………………… GC IV, arts. 5, 64-78; AP I, art. 45(3), 1(1)
-Annexation…………………………………………………………… GC IV, art. 47
-Assigned residence………………………………………………… GC IV, arts. 43, 78
-Basic needs in……………………………………………………….. Hague IV, art. 52; GC IV, art. 55; AP I, art. 69
-By military …………………………………………………………… Hague IV, art. 42
-Children……………………………………………………………….. GC IV, arts. 23, 24, 49, 50; AP I, art. 78
-Close of occupation……………………………………………….. GC IV, art. 77
-Coercion of inhabitants to obtain information …………… Hague IV, art. 44
-Combatant: obligation to distinguish self …………………. Hague IV, art. 2; GC III, art. 4 A(2)
-Confinement…………………………………………………………. GC III, arts. 69, 76, 77; AP I, art. 75
-Control of inhabitants…………………………………………….. Hague IV, art. 43; GC IV, art. 78
-Costs of occupation……………………………………………….. Hague IV, art. 48, 49
-Courts………………………………………………………………….. GC IV, arts. 66-68, 71, 74, 75, 126, 130; AP I,

art. 34
-Detention of protected persons………………………………… GC IV, art. 76
-Espionage, sabotage ………………………………………………. Hague IV, art. 29-31; GC IV, art. 68 par. 2
-Food and medical supplies for population ………………… GC IV, art. 55(1), 59; AP I, art. 69(1)
-Grave breaches in………………………………………………….. GC IV, arts. 49, 147; AP I, art. 85(4)
-Hospitals and safety zones …………………………………….. GC I, art. 23, Annex I; GC IV, arts. 14, 18-19,

56, 57, Annex I; AP I, art. 14
-Hostages, forbidden ………………………………………………. GC IV, art. 34
-Hygiene and public health………………………………………. GC IV, art. 56
-Internment ……………………………………………………………. GC IV, arts. 78-135
-Offenses committed before occupation…………………….. GC IV, art. 70
-Reprisals, prohibited ……………………………………………… GC IV, art. 48

-Security measures………………………………………………….. GC IV, arts. 5, 27(4), 64(2); AP I, art. 45(3)
-Spies ……………………………………………………………………. Hague IV, art. 29-31; GC IV, arts 5, 68(2)
-Termination of occupation ……………………………………… GC IV, arts. 6, 77; AP I, art. 3 (b)

Offences
-Against discipline…………………………………………………..GC III, arts. 91-94; GC IV, arts. 120-121

-Procedure ……………………………………………………….. GC III, arts. 95-96; GC IV, arts. 122-123
-Against LOW, related to armed conflict …………………… GC IV, art. 70(1); AP I, art. 75; AP II, art. 6
-Escape or attemptsto escape……………………………………GCIII, art. 93; GC IV, art. 121
-Penal/disciplinary proceduresand sanctions………………GCIII, arts. 82-108; GC IV, arts. 117-126; AP

I, art. 75; AP II, art. 6
-Responsibility of contracting parties…………………………HagueIV, art. 3; GC I, arts. 1, 51; GC II, arts.
1, 51
-of Grave breaches…………………………………………………..GCIII, arts. 1, 131; GC IV, arts. 1, 148; AP I,
arts. 1, 91
Orders…………………………………………………………………………..Rome Statute, art. 33
-Concerning POWs………………………………………………….GC III, art. 41

P

Parties to Conflict
-Adjustments between parties to the conflict………………. GC III, art. 67
-Agreements concerning exchange & repatriation ………. GC IV, arts. 36(2), 135(4)
-Agreements concerning medical aircraft…………………… GC I, art. 36(1); GC II, art. 39(1), GC IV, art.

22(1), AP I, art. 29

-Notification of ranks………………………………………………. GC III, art. 43
Peacekeeping………………………………………………………………… CCW Protocol II, art. 8
Perfidy………………………………………………………………………….Hague IV, art. 23(b) ; AP I, art. 37
Pillage………………………………………………………………………….. Hague IV, arts 28, 47; GC I, art. 15; GC IV,

art. 16, 33
Physical Coercion or Torture, prohibited…………………………..GC I, II, III, IV art. 3 par. 1; AP I, art. 75(2)(a);

AP II, art. 4(2)(a); Torture Convention
Places of Worship …………………………………………………………. AP I, art. 53; AP II, art. 16
Poison………………………………………………………………………….. see Weapons
Prisoners of War……………………………………………………………. GC III; FM 27-10, Chapter 3

-Acts Against, prohibited…………………………………………. GC III, arts. 58-66
-Acts committed priorto capture……………………………….GCIII, arts. 13; AP I, art. 11(1), (2)
-Autopsy ……………………………………………………………….. GC III, art. 120(3)
-Badges or rank and nationality permitted………………….. GC III, arts. 18(3), 40
-Baths……………………………………………………………………. GC III, art. 29(3); GC IV, art. 85(3)
-Bedding ……………………………………………………………….. GC III, art. 25(2); GC IV, arts. 85(2), 124(2)
-Burial……………………………………………………………………GC III, art. 120
-Camps………………………………………………………………….. see Camps
-Captivity

-Beginning……………………………………………………….. GC III, arts. 28, 17-121

-Internment………………………………………………………. GC III, arts. 17-20

-Termination ……………………………………………………. GC III, arts. 5, 21-108
-Capture card …………………………………………………………. GC III, arts. 70, 109-121
-Cards, identity ………………………………………………………. GC III, art. 17(3), Annex IV

-Prohibition against depriving of identity…………….. GC III, art. 17(3)
-Close confinement…………………………………………………. GC III, art. 21(1)
-Coercion prohibited……………………………………………….. GC III, arts. 17(4), 99(2)
-Collective disciplinary measures prohibited ………………. GC III, arts. 26(6), 87(3)
-Curiosity, protection against public …………………………. GC III, art. 13(2)
-Death or injury: inquiry in special circumstances………. GC III, arts. 120-121
-Disciplinary measures ……………………………………………. GC III, arts. 26(6), 39-42, 51(4), 82, 83
-Education …………………………………………………………….. GC III, art. 38, 51; GC IV, art. 94
-Escape …………………………………………………………………. Hague IV, art. 13; GC III, arts. 42, 91-92
-Financial resources………………………………………………… Hague IV, art. 6; GC III, arts. 64-66
-Health………………………………………………………………….. GC III, art. 13; AP I, art. 11(1) ; AP II, art.

5(2)(e)
-Humane treatment ………………………………………………….. GC III, art. 13
-Interrogation…………………………………………………………. GC III, art. 17
-Intimidation, protection against ………………………………. GC III, art. 13(2)
-Judicial proceedings………………………………………………. GC III, arts. 99-108
-Rank ……………………………………………………………………. see Rank
-Recapture of POWs

-Punishment for escape……………………………………… GC III, arts. 91-92
-Representative of POWs ………………………………………… GC III, arts. 79-81
-Rights of POWs ……………………………………………………. GC III, arts. 82-108
-Treatment …………………………………………………………….. Hague IV, art. 13; GC III, art. 4 B(5); AP I,

arts. 44-45; Hague IV, art. 4(2); GC I, art. 3(1); GC II, art. 3(1); GC III, art. 3(1); GC IV, art. 3(1)

-Work……………………………………………………………………. GC III, arts. 50-52, 57, 62
Protected Persons………………………………………………………….. GC I, arts. 5, 12, 13; GC II, art. 12; GC III, art.

4; GC IV, arts. 4, 7, 12, 27, 29, 30
-Derogation of protections……………………………………….. GC IV, art. 5
-Health………………………………………………………………….. AP I, art. 11(1) ; AP II, art. 5(2)(e)
-Labor of protected persons……………………………………… GC IV, art. 51
-Non-renunciation of rights ……………………………………… GC IV, art. 8
-Non-repatriated persons: redeployment ……………………. GC IV, art. 40
-Non-repatriated persons: means of existence…………….. GC IV, art. 39

Persons in confinement ………………………………………………….. GC IV, art. 37
-Prohibition of coercion…………………………………………… GC IV, art. 31
-Prohibition of corporal punishment, torture, etc ………… GC IV, art. 32
-Reprisals………………………………………………………………. GC IV, art. 33
-Right to leave the territory ……………………………………… GC IV, art. 35

Projectiles…………………………………………………………………….. see Weapons

Property
-Aid societies …………………………………………………………. GC I, art. 34
-Belonging to private persons, organizations ……………… Hague IV, arts. 27, 56; GC I, art. 50; GC II,
art. 51; GC IV, arts. 53, 147; AP I, art. 85(2)
-Booty of war………………………………………………………….HagueIV, art. 53; GC I, art. 33; GC III, art.
18(1), AP I, arts. 23, 67
-Confiscation
-of private property, prohibited ……………………………Hague IV, art. 46
-of state movable property …………………………………. Hague IV, art. 53
-Receipt for ……………………………………………………… GC III, art. 18; GC IV, art. 97
-Cultural………………………………………………………………… Hague IV, arts. 27, 56; AP I, arts. 38, 53, 85;
AP II, art. 16
-Occupied territory …………………………………………………. Hague IV, art. 53, 56
-Protected by conventions,……………………………………….. GC I, art. 50; GC II, art. 51; GC III, art. 130;
GC IV, art. 147
-Respect for……………………………………………………………. Hague IV, art. 46
-Seizure………………………………………………………………….Hague IV, arts. 23(g), 46, 52, 53
Protecting Powers………………………………………………………….. GC I, art. 8; GC II, art. 8; GC III, art. 8; GC
IV, art. 9
-Appointment of …………………………………………………….. GC I, art. 8; GC II, art. 8; GC III, art. 8; GC
IV, art. 9
-Conciliation procedure …………………………………………… GC I, art. 11; GC II, art. 11; GC III, art. 11;
GC IV
-Definition …………………………………………………………….. AP I, art. 2(c)
-Substitutes for the protecting powers………………….. GC I, art. 10; GC II, art. 10; GC III, art. 10;
GC IV, art. 11, art. 12
Provost Courts………………………………………………………………. see Courts

Q

Questioning of POWs ……………………………………………………. Hague IV, art. 9; GC III, art. 17; FM 27-10,
par. 93

R

Rank
-of POWs and treatment ………………………………………….. GC III, arts. 16, 43-45; FM 27-10, pars. 119121
-of POWs and labor ………………………………………………… GC III, art. 49
Receipt for Property ………………………………………………………. see Property
Reciprocity ……………………………………………………………………GC I, GC II, GC III, GC IV, art. 2; AP I, art.
96
Recreational Activities of Interned Civilians ……………………..GCIV, art. 94; FM 27-10, par. 301.
Recreational Activities of POWs and Internees………………….GCIII, art. 38; GC IV, arts. 94, 146(4); FM
27-10, par. 114
Red Crescent (see also Emblems)…………………………………….GC I, art. 38; FM 27-10, par. 238

Red Cross (see also Emblems) ……………………………………….. GC I, arts. 36-38, 41-44; FM 27-10, par. 238245;
Red Crystal (Third Protocol Emblem) ……………………………… AP III, art. 2
Refugees………………………………………………………………………. FM 27-10, par. 283
-Nationals of occupying power in occupied territory…… GC IV, art. 70; AP I, art. 73
-Protected persons ………………………………………………….. GC IV, art. 4; AP I, arts. 73, 75, 85
Release
-at Close of hostilities……………………………………………… GC III, arts. 118-119; GC IV, arts. 132-135
-of Interned personnel during hostilities…………………….. GC IV, art. 132; AP I, art. 75(3); AP II, art.
5(4)
Relief Shipments
-Authorization of free and unimpeded passage …………… GC IV, arts. 23, 59; AP I, art. 70(2); FM 2710, pars. 148-151, 315
Religious Activities
-of Interned Civilians………………………………………………. GC IV, art. 93; FM 27-10, par. 300.
-POWs and Internees………………………………………………. GC III, arts. 34-37; FM 27-10, pars. 110-113.
Repatriation
-Forced………………………………………………………………….. GC III, art. 109
-of POWs………………………………………………………………. Hague IV, art. 20; GC III, arts. 46-48, 109-119;
AP I, art. 85(4)(b)
-of Protected persons ………………………………………………. GC IV, art. 36
Representative of POWs ………………………………………………… see Prisoners of War

Reprisals………………………………………………………………………. GC I, art. 46; GC II, art. 47; GC III, art. 13(3); GC IV, art. 33(3); AP I, art. 20, art. 51(6), 52(1)
Requisition…………………………………………………………………… GC I, arts. 34-35; FM 27-10, pars. 412-424
Responsibility of Military Commanders…………………………… see Commanders
Retained Personnel………………………………………………………… GC I, art. 28; GC II, art. 37; FM 27-10, pars.

67-68, 230-232
Rewards for Captured or Killed Enemy……………………………. Hague IV, art. 23(b); FM 27-10, par. 31
Rights of POWs ……………………………………………………………. see Prisoners of War
Riot Control Agents ………………………………………………………. see Weapons
Ruses…………………………………………………………………………… see Deception

S
Sabotage………………………………………………………………………. GC IV, art. 5, 68(2); FM 27-10, pars. 454-456
Saboteurs……………………………………………………………………… Hague IV, arts. 1, 3; GC I, art. 13(2), (6); GC
II, art. 13(2), (6); GC III, art. 4A(2), (6); GC
IV, art. 5; AP I, arts. 43, 44(3), (4), 45(3), 75
Safe-Conducts………………………………………………………………. GC III, art. 75(1), (3); GC IV, art. 111(1), (3);
FM 27-10, pars. 454-456
Safeguards……………………………………………………………………. GC I, art. 8(1); GC II, art. 8(1); GC III, art.
8(1); GC IV, art. 9(1); AP I, art. 5(1); FM 2710, pars. 454, 457

Sanctions ……………………………………………………………………… GC III, art. 21(1), 82-108; GC IV, arts. 117126
Schools …………………………………………………………………………Hague IV, art. 56; AP I, art. 52(3)
Science, protection of buildings devoted to ………………………. Hague IV, arts. 27, 56; FM 27-10, par. 45-46
Separation
-of Protected persons in occupied territory…………………. GC IV, art. 76(1)
-of POWs and internees……………………………………………GCIII, art. 22()3; GC IV, art. 82(1), (2), 84
Sick and Wounded ………………………………………………………… see Wounded and Sick
Signs

-Distinguish protected buildings……………………………….. Hague IV, art. 27(2); GC I, art. 42; GC III, art.
23(4); GC IV, art. 18(3), (4); AP I, art. 18(4),
38(1), 56(7), 66(4); FM 27-10, pars. 45-46

Spies……………………………………………………………………………. see Espionage
Stateless Person……………………………………………………………..AP I, arts. 73, 85(2)
Stratagems……………………………………………………………………. Hague IV, art. 23-24; AP I, art. 37(2); FM 27
10, pars. 48-55
Surrender………………………………………………………………………Hague IV, art. 23; AP I, art. 37(1)(a), 41(2)(b);
FM 27-10, pars. 470, 478

T

Threats, during POW questioning prohibited ……………………. GC III, art. 17(4) Torture, prohibited ………………………………………………………… GC I, art. 12(2); GC II, art. 12(2)2; GC III, art. 17(4), 87(3); GC IV, art. 27(1), 32, 118(2); Torture Convention
U

Undefended Places…………………………………………………………Hague IV, art. 25; AP I, art. 59; FM 27-10,
pars. 39-40, 45-46
Uniforms of the Enemy, improper use………………………………HagueIV, art. 23(f); AP I, art. 39(2); FM 2710, par. 52
Unnecessary Suffering …………………………………………………… see Weapons

W

War Crimes ………………………………………………………………….. Hague IV, arts. 41, 56; GC I, art. 50; GC II,
art. 51; GC III, art. 130; GC IV, art. 147; AP
I, art. 11(4), 85; FM 27-10, pars. 495-511

Warnings
-Before attack ………………………………………………………… Hague IV, art. 26; AP I, art. 57(2)(c)
-Preceding use of weapons against POWs………………….. GC III, art. 42

War Powers Resolution………………………………………………….. EO 12333, par. 1.8 (e) White Flag……………………………………………………………………. see Emblems Weapons
-Ammunition

-Neutral territory ………………………………………………. Hague V, arts. 2, 5, 7, 18 -Occupied territory……………………………………………. AP I, art. 63(3); Hague IV, art. 53(2) -Arms -Carried openly ………………………………………………… Hague IV, arts. 1-2; GC I, arts. 13(2), 13(6); GC II, arts. 13(2), 13(6); GC III, arts. 4A(2), 4A(6); AP I, art. 44(3) -Medical/civil defense personnel ………………………… GC I, art. 22; GC II, art. 35; AP I, arts. 13(2),
28(3), 65(3), 67(1) -New weapons………………………………………………….. AP I, art. 36; DoDD 2311.01E, par. 6.1 -Bacteriological Warfare……………………………………. Hague IV, art. 23(a); 1925 Gas Protocol; 1972
Biological Weapons Convention -Development, production, acquisition………………… 1972 Biological Weapons Convention, arts. I, III
-Destruction requirement …………………………………… 1972 Biological Weapons Convention, art. II
-Bullets …………………………………………………………………. Hague IV, art. 23(e); Rome Statute, art. 8.2
-Chemical Weapons ……………………………………………….. Hague IV, art. 23(a); 1925 Gas Protocol;

Chemical Weapons Convention; Rome Statute, art. 8.2 -Definitions ……………………………………………………… Chemical Weapons Convention, art. 2 -Destruction requirement …………………………………… Chemical Weapons Convention, arts. 1(2)-(4), 4 -Production facilities…………………………………………. Chemical Weapons Convention, art. 5 -Riot control agents…………………………………………… EO 11850; Chemical Weapons Convention, arts. 1(5), 2(7), 10(8), (9) -Use, production, development, transfer………………. Chemical Weapons Convention, art. 1(1) -Laser……………………………………………………………………. CCW Protocol IV, art. 1 -Poison………………………………………………………………….. Hague IV, art. 23(a).; 1925 Gas Protocol -Unnecessary suffering……………………………………………. Hague IV, art. 23(e); AP I, art. 35(2) Wounded and Sick ………………………………………………………… GC I, arts. 12-18; GC II, arts. 12-21; AP I, arts. 8-31; AP II, arts. 7-12
1 United States Statutes at Large.
2 Treaties and Other International Acts Series.

Cover page – back

LAW OF WAR
DOCUMENTARY
SUPPLEMENT

logo
2010 Edition INTERNATIONAL AND OPERATIONAL LAW DEPARTMENT
The United States Army Judge Advocate General's Legal Center and School Charlottesville, VA

Intel interrogation may-1987

Cover page
Field Manual *FM 34-52
NO 34-52 HEADQUARTERS
DEPARTMENT OF THE ARMY
Washington. DC. 8 May 1987

INTELLIGENCE INTERROGATION
Table of Contents
Page
Preface ……………………………………………………………………..iii

Chapter 1 Interrogation and the Interrogator …………………………………… 1-0

Principles of Interrogation …………………………………………. 1-0

Sources of Information ………………………………………………1-1

Personal Qualities ………………………………………………… 1-2

Specialized Skills and Knowledge …………………………………… 1-4

Chapter 2 Role of the Interrogator …………………………………………….. 2-0

Commander's Mission Under Air-Land Battle ………………………… 2-0

Military Intelligence and Intelligence
Preparation of the Battlefield ……………………………………… 2-0

Intelligence and Electronic Warfare Operations ……………………….. 2-2

Counterintelligence ……………………………………………….. 2-4

Electronic Warfare ………………………………………………… 2-6

Capabilities and Limitations of Interrogators …………………………. 2-6

Chapter 3 Interrogation Process ……………………………………………… 3-0

Screening Sources ………………………………………………….3-0

Interrogating Procedures ……………………………………………3-3

Chapter 4 Processing Captured Enemy Documents ……………………………… 4-0

Document Handling ……………………………………………….4-0

Document Exploitation ……………………………………………. 4-4

Evacuation Procedures …………………………………………….. 4-8

Documents Captured with a Source …………………………………. 4-11

Chapter 5 Direct and Supervise Interrogation Operations ………………………… 5-0

Advice and Assistance …………………………………………….. 5-0

Prepare and Move to the Deployment Site ……………………………. 5-0

Establish a Site for Interrogation Operations …………………………. 5-1

Supervise the Interrogation Process …………………………………. 5-1

Supervise the CED Processing Cycle ………………………………… 5-2

Supervise Administrative Tasks ……………………………………..5-2

/ Approved for public release; distrib tion is unlimited .i

"This publication supersedes d30.15. 29 September 1978 .
Chapter 6 Operational Environment ………………………………………….. 6-0'

Command Relationships …………………………………………… 6-0

Tasking Relationships …………………………………………….. 6-3

Support Relationships …………………………………………….. 6-4

Interrogator Training ……………………………………………… 6-7

/Chapter 7 Strategic Debriefing ……………………………………………….. 7-0

Duties and Responsibilities …………………………………………7-0

Notification ……………………………………………………… 7-0

Planning and Preparation …………………………………………. 7-0

Contact and Interview …………………………………………….. 7-0

Components of Strategic Intelligence ………………………………… 7-1

Intelligence Cycle …………………………………………………. 7-3

Chapter 8 Joint Interrogation Facilities ……………………………………….. 8-0

Formation ………………………………………………………..8-0

Use ……………………………………………………………..8-1

Chapter 9 Low-Intensity Conflict ……………………………………………..9-1

Terminology ………………………………………………………9-1

Operational Concept for Low-Intensity Conflict ……………………….. 9-1

Interrogation Support to Low-Intensity Conflict ………………………. 9-3

The Source ………………………………………………………. 9-6

Interrogation Operations …………………………………………… 9-9

Appendix A STANAG Extracts ……………………………………………….A-1

Appendix B Sample Detainee Personnel Record …………………………………B-0
Glossary ……………………………………………………………..Glossary-0
References ………………………………………………………….References-1

Appendix C Sample Enemy Prisoner of War Identity Card ……………………….. C-0

Appendix D Sample Enemy Prisoner of War Captive Tag …………………………D-1

Appendix E Sample JINTACCS Salute Report Format and Report ………………… E-0

Appendix F Sample Screening Report Format and Report …………………………F-0

Appendix G Sample Tactical Interrogation Report Format and Report …………….. G-0

Appendix H Approaches ……………………………………………………..H-0

Appendix I Interrogation Guides ………………………………………………1-0

Appendix J 1949 Geneva Conventions ………………………………………….J-0

Preface

This manual sets forth the basic principles of interrogation doctrine and establishes proce- dures and techniques applicable to Army intelligence interrogations, applies to the doctrine contained in FM 34-1, and follows operational procedures outlined in FM 100-5. It provides general guidance for commanders, staff officers, and other personnel in the use of interroga- tion elements of Army intelligence units. It outlines procedures for the handling of the sources of interrogations, the exploitation and processing of documents, and the reporting of intelligence gained through interrogation. It covers directing and supervising interrogation operations, conflict scenarios and their impact on interrogation operations, and peacetime interrogation operations.
These principles, procedures, and techniques apply to operations in low-, mid-, and high-intensity conflicts; to the use of electronic warfare (EW) or nuclear, biological, or chemi- cal (NBC) weapons; to the CI operations contained in FMs 34-60 and 60A (S/NOFORN); and to the psychological operations (PSYOP) contained in FM 33-1.
The provisions of this publication are the subject of international agreements 1059 (National Distinguishing Letters for Use by NATO Forces), 2033 (Interrogation of Prisoners of War), 2044 (Procedures for Dealing with Prisoners of War), and 2084 (Handling and Reporting of Captured Enemy Equipment and Documents).
These principles and techniques of interrogation are to be used within the constraints established by FM 27-10, the Hague and Geneva Conventions, and the Uniform Code of Mili- tary Justice (UCMJ).
Sources for tactical interrogations may be civilian internees, insurgents, enemy prisoners of war (EPWs), defectors, refugees, displaced persons, and agents or suspected agents. Sources in strategic debriefings are emigres, refugees, resettlers, and selected US sources.
Unless otherwise stated, whenever the masculine gender is used, both men and women are included.
The proponent of this publication is HQ TRADOC. Submit changes for improving this pub- lication on DA Form 2028 (Recommended Changes to Publications and Blank Forms) and forward it to Commander, United States Army Intelligence Center and School, ATTN: ATSI-TD-PAL, Fort Huachuca, Arizona 85613-7000.
CHAPTER 1
Interrogation and the Interrogator
Interrogation is the art of questioning and examining -a source to obtain the maxi- mum amount of usable information. The goal of any interrogation is to obtain usable and reliable information, in a lawful manner and in the least amount of time, which meets intelligence requirements of any echelon of command. Sources may be civilian internees, insurgents, EPWs, defec- tors, refugees, displaced persons, and agents or suspected agents. A successful interrogation produces needed information which is timely, complete, clear, and accu- rate. An interrogation involves the interac- tion of two personalities: the source and the interrogator. Each contact between these two difrers to some degree because of their individual characteristics and capabilities, and because the circumstances of each con- tact and the physical environment vary.
PRINCIPLES OF
INTERROGATION

Intelligence interrogations are of many types, such as the interview, debriefing, and elicitation. However, the principles of objec- tive, initiative, accuracy, prohibitions against the use of force, and security apply to all types.
OBJECTIVE
The objective of any interrogation is to obtain the maximun amount of usable information possible in the least amount of time. Each interrogation has a definite purpose-to obtain information to satisfy the assigned requirement which contributes to the successful accomplishment of the supported unit's mission. The interrogator must keep this purpose firmly in mind as he obtains the information. The objective may be specific, establishing the exact location of a minefield, or it may be general, seeking order of battle (OB)information about a specific echelon of the enemy forces. In either case, the interrogator uses the objec- tive as a basis for planning and conducting the interrogation. He should not concen- trate on the objective to the extent that he overlooks or fails to recognize and exploit other valuable information extracted from the source. For example, during an interro- gation, he learns of an unknown, highly destructive weapon. Although this informa- tion may not be in line with his specific objective, he develops this lead to obtain all possible information concerning this weap- on. It is then obvious that the objective of an interrogation can be changed as neces- sary or desired.

INITIATIVE
Achieving and maintaining the initiative is essential to a successful interrogation just as the offense is the key to success in combat operations. The interrogator must remain in charge throughout the interroga- tion. He has certain advantages at the beginning of an interrogation, such as the psychological shock the source receives when becoming a prisoner of war, which enable him to grasp the initiative and assist him in maintaining it. An interrogator may lose control during the interrogation by allowing the source to take control of the interrogation. If this occurs, he must post- pone the interrogation and reassess the situation. To resume the interrogation, a different interrogator should conduct the interrogation. In addition, the interrogator must identify and exploit leads developed during the interrogation.

ACCURACY
The interrogator makes every effort to obtain accurate information from the source. He assesses the source correctly by repeating questions at varying intervals. The interrogator, however, is not the final analyst and should not reject or degrade information because it conflicts with pre- viously obtained information. The interro- gator's primary mission is the collection of information, not evaluation. Conversely, the interrogator should not accept all information as the truth; he views all information obtained with a degree of doubt. If possible, and when time permits, he should attempt to confirm information received and annotate less credible or unproven information. It is of great impor- tance to report accurate information to the using elements. The interrogator checks his notes against the finished report to ensure that the report contains and identifies the information as heard, seen, or assumed by the source.

PROHIBITION AGAINST USE
OF FORCE

The use of force, mental torture, threats, insults, or exposure to unpleasant and inhumane treatment of any kind is prohi- bited by law and is neither authorized nor condoned by the US Government. Experi- ence indicates that the use of force is not necessary to gain the cooperation of sources for interrogation. Therefore, the use of force is a poor technique, as it yields unreliable results, may damage subsequent collection efforts, and can induce the source to say whatever he thinks the interrogator wants to hear. However, the use of force is not to be confused with psychological ploys, ver- bal trickery, or other nonviolent and non- coercive ruses used by the interrogator in questioning hesitant or uncooperative sources.
The psychological techniques and princi- ples outlined should neither be confused with, nor construed to be synonymous with, unauthorized techniques such as brain- washing, mental torture, or any other form of mental coercion to include drugs. These techniques and principles are intended to serve as guides in obtaining the willing cooperation of a source. The absence of threats in interrogation is intentional, as their enforcement and use normally consti- tute violations of international law and may result in prosecution under the UCMJ.
Additionally, the inability to carry out a threat of violence or force renders an inter- rogator ineffective should the source chal- lenge the threat. Consequently, from both legal and moral viewpoints, the restrictions established by international law, agree- ments, and customs render threats of force, violence, and deprivation useless as inter- rogation techniques.

SECURITY
The interrogator, by virtue of his position, possesses a great deal of classified informa- tion. He is aware constantly that his job is to obtain information, not impart it to the source. He safeguards military information at all times as well as the source of informa- tion. This becomes very clear when one considers that among those persons with whom the interrogator has contact, there are those attempting to collect information for the enemy. The interrogator is alert to detect any attempt made by the source to elicit information.

SOURCES OF INFORMATION
The interrogator is concerned primarily with two sources of information in his intel- ligence collection effort: human sources and material sources (mainly captured enemy documents (CEDs)). The senior interroga- tor, depending on the supported command- er's priority intelligence requirements (PIR) and information requirements (IR), decides which of these sources will be more effective in the intelligence collection effort.
HUMAN SOURCES
The interrogator encounters many sources who vary greatly in personality, social class, civilian occupation, military specialty, and political and religious beliefs. Their physical conditions may range from near death to perfect health, their intelli- gence levels may range from well below average to well above average, and their security consciousness may range from the lowest to the highest. Sources may be ci- vilian internees, insurgents, EPWs, defec- tors, refugees, displaced persons, and agents or suspected agents. Because of these variations, the interrogator makes a careful study of every source to evaluate his mental, emotional, and physical state and uses it as a basis for interrogation. He deals mainly with three categories of sources: cooperative and friendly, neutral and non- partisan, and hostile and antagonistic.
Cooperative and Friendly
A cooperative and friendly source offers little resistance to the interrogation and normally speaks freely on almost any topic introduced, other than that which will tend to incriminate or degrade him personally. To obtain the maximum amount of informa- tion from cooperative and friendly sources, the interrogator takes care to establish and to preserve a friendly and cooperative atmosphere by not inquiring into those pri- vate affairs which are beyond the scope of the interrogation. At the same time, he must avoid becoming overly friendly and losing control of the interrogation.

Neutral and Nonpartisan
A neutral and non~artisan source is cooperative to a limited degree. He normally takes the position of answering questions asked directly, but seldom volunteers information. In some cases, he may be afraid to answer for fear of reprisals by the enemy. This often is the case in low- intensity conflict (LIC) where the people may be fearful of insurgent reprisals. With the neutral and nonpartisan source, the interrogator may have to ask many specific questions to obtain the information required.

Hostile and Antagonistic
A hostile and antagonistic source is most difficult to interrogate. In many cases, he refuses to talk at all and offers a real chal- lenge to the interrogator. An interrogator must have self-control, patience, and tact when dealing with him. As a rule, at lower echelons, it is considered unprofitable to expend excessive time and effort in interro- gating hostile and antagonistic sources. When time is available and the source appears to be an excellent target for exploi- tation, he should be isolated and repeatedly interrogated to obtain his cooperation. A more concentrated interrogation effort can be accomplished at higher levels, such as corps or echelons above corps (EAC), where more time is available to exploit hostile and antagonistic sources.

CAPTURED ENEMY DOCUMENTS
CEDs include any piece of recorded information which has been in the posses- sion of a foreign nation and comes into US possession. This includes US documents which the foreign nation may have pos- sessed. There are numerous ways to acquire a document, some of the most common ways are: found in the possession of human sources, on enemy dead, or on the battle- field. There are two types of documents: (1) official (government or military) documents such as overlays, field orders, maps, and codes; (2) personal (private or commercial) documents such as letters, diaries, news- papers, and books.

PERSONAL QUALITIES
An interrogator should possess an inter- est in human nature and have a personality which will enable him to gain the coopera- tion of a source. Ideally, these and other personal qualities would be inherent in an interrogator; however, in most cases, an interrogator can correct some deficiencies in these qualities if he has the desire and is willing to devote time to study and practice. Some desirable personal qualities in an interrogator are motivation, alertness, patience and tact, credibility, objectivity, self-control, adaptability, perseverence, and personal appearance and demeanor.
MOTIVATION
An interrogator may be motivated by several factors, for example, an interest in human relations, a desire to react to the challenge of personal interplay, an enthusi- asm for the collection of information, or just a profound interest in foreign languages and cultures. Whatever the motivation, it is the most significant factor used by an inter- rogator to achieve success. Without motiva- tion, other qualities lose their significance. The stronger the motivation, the more suc- cessful the interrogator.

ALERTNESS
The interrogator must be constantly
aware of the shifting attitudes which nor-
mally characterize a source's reaction to

interrogation. He notes the source's every gesture, word, and voice inflection. He determines why the source is in a certain mood or why his mood suddenly changed. It is from the source's mood and actions that the interrogator determines how to best proceed with the interrogation. He watches for any indication that the source is with- holding information. He must watch for a tendency to resist further questioning, for diminishing resistance, for contradictions, or other tendencies, to include susceptibility.

PATIENCE AND TACT
The interrogator must have patience and tact in creating and maintaining rapport between himself and the source, thereby, enhancing the success of the interrogati~n. Additionally, the validity of the source's statements and the motives behind these statements may be obtainable only through the exercise of tact and patience. Display- ing impatience encourages the difficult source to think that if he remains unres- ponsive for a little longer, the interrogator will stop his questioning. The display of impatience may cause the source to lose respect for the interrogator, thereby, reduc- ing his effectiveness. An interrogator, with patience and tact, is able to terminate an interrogation and later continue further interrogation without arousing apprehen- sion or resentment.

CREDIBILITY
The interrogator must maintain credi- bility with the source and friendly forces. Failure to produce material rewards when promised may adversely affect future inter- rogations. The importance of accurate reporting cannot be overstressed, since interrogation reports are often the basis for tactical decisions and operations.

OBJECTIVITY
The interrogator must maintain an objec- tive and a dispassionate attitude, regardless of the emotional reactions he may actually experience, or which he may simulate dur- ing the interrogation. Without this required
objectivity, he may unconsciously distort the information acquired. He may also be unable to vary his interrogation techniques effectively.

SELF-CONTROL
The interrogator must have an excep- tional degree of self-control to avoid dis- plays of genuine anger, irritation, sym- pathy, or weariness which may cause him to lose the initiative during the interroga- tion. Self-control is especially important when employing interrogation techniques which require the display of simulated emo- tions or attitudes.

ADAPTABILITY
An interrogator must adapt himself to the many and varied personalities which he will encounter. He should try to imagine himself in the source's position. By being able to adapt, he can smoothly shift his techniques and approaches during interro- gations. He must also adapt himself to the operational environment. In many cases, he has to conduct interrogations under a va- -riety of unfavorable physical conditions.

PERSEVERANCE
A tenacity of purpose, in many cases, will make the difference between an interroga- tor who is merely good and one who is superior. An interrogator who becomes eas- ily discouraged by opposition, noncoopera- tion, or other difficulties will neither aggressively pursue the objective to a suc- cessful conclusion nor seek leads to other valuable information.

PERSONAL APPEARANCE AND DEMEANOR
The interrogator's personal appearance may greatly influence the conduct of the interrogation and the attitude of the source toward the interrogator. Usually a neat, organized, and professional appearance will favorably influence the source. A firm, deliberate, and businesslike manner of speech and attitude may create a proper environment for a successful interrogation. If the interrogator's personal manner reflects fairness, strength, and efficiency, the source may prove cooperative and more receptive to questioning. However, depend- ing on the approach techniques, the inter- rogator can decide to portray a different (for example, casual, sloven) appearance and demeanor to obtain the willing cooperation of the source.

SPECIALIZED SKILLS AND KNOWLEDGE
The interrogator must be knowledgeable and qualified to efficiently and effectively exploit human and material sources which are of potential intelligence interest. He is
'
trained in the techniques and proficiency necessary to exploit human and material sources. His initial training is in foreign language, and his entry-level training is in the exploitation of documents and human sources. The interrogator must possess, or acquire through training and experience, special skills and knowledge.
WRITING AND SPEAKING SKILLS
The most essential part of the interroga- tor's intelligence collection effort is report- ing the information obtained. Hence, he must prepare and present both written and oral reports in a clear, complete, concise, and accurate manner. He must possess a good voice and speak English and a foreign language idiomatically and without objec- tionable accent or impediment.
Knowledge of a foreign language is nec- essary since interrogators work primarily with non-English speaking people. Lan- guage ability should include a knowledge of military terms, foreign idioms, abbrevia- tions, colloquial and slang usages, and local dialects. Although a trained interrogator who lacks a foreign language skill can interrogate successfully through an inter- preter, the results obtained by the linguisti- cally proficient interrogator will be more timely and comprehensive. Language labs, tapes, or instructors should be made avail- able wherever possible to provide refresher and enhancement training for interrogator linguists.
KNOWLEDGE OF THE US ARMY'S
MISSION, ORGANIZATION, AND
OPERATIONS

Interrogation operations contribute to the accomplishment of the supported com- mander's mission. The interrogator must have a working knowledge of the US Army's missions, organizations, weapons and equipment, and methods of operation. This knowledge enables him to judge the relative significance of the information he extracts from the source.
KNOWLEDGE OF THE
TARGET COUNTRY

Every interrogator should be knowledge- able about his unit's target country, such as armed forces uniforms and insignia, OB information, and country familiarity.
Armed Forces Uniforms and Insignia
Through his knowledge of uniforms, in- signia, decorations, and other distinctive devices, the interrogator may be able to determine the rank, branch of service, type of unit, and military experience of a mili- tary or paramilitary source. During the planning and preparation and the approach phases, later discussed in this manual, the identification of uniforms and insignia is very helpful to the interrogator.
Order of Battle Information
OB is defined as the identification, strength, command structure, and disposi- tion of personnel, units, and equipment of any military force. OB elements are separ- ate categories by which detailed informa- tion is maintained. They are composition, disposition, strength, training, combat effectiveness, tactics, logistics, electronic technical data, and miscellaneous data. During the questioning phase, OB elements assist the interrogator in verifying the accuracy of the information obtained and can be used as an effective tool to gain new information. Aids which may be used to identify units are names of units, names of commanders, home station identifications, code designations and numbers, uniforms, insignia, guidons, documents, military pos- tal system data, and equipment and vehicle markings.
Country Familiarity
The interrogator should be familiar with the social, political, and economic institu- tions; geography; history; and culture of the target country. Since many sources will readily discuss nonmilitary topics, the interrogator may induce reluctant prisoners to talk by discussing the geography, eco- nomics, or politics of the target country. He may, then, gradually introduce significant topics into the discussion to gain important insight concerning the conditions and atti- tudes in the target country. He should keep abreast of major events as they occur in the target country. By knowing the current events affecting the target country, the interrogator will better understand the gen- eral situation in the target country, as well as the causes and repercussions.
KNOWLEDGE OF COMMON
SOLDIER SKILLS

Interrogators must be proficient in all common soldier skills. However, map read- ing and enemy material and equipment are keys to the performance of interrogator duties.
Map Reading
Interrogators must read maps well enough to map track using source informa- tion obtained about locations of enemy activities. Through the use of his map tracking skills, the interrogator can obtain information on the locations of enemy activities from sources who can read a map. Furthermore, his map reading skills are essential to translate information into map terminology from sources who cannot read a map. Map reading procedures are outlined in FM 21-26.
Enemy Material and Equipment
The interrogator should be familiar with the capabilities, limitations, and employ- ment of standard weapons and equipment so that he may recognize and identify changes, revisions, and innovations. Some of the more common subjects of interest to the interrogator include small arms, infan- try support weapons, artillery, aircraft, ve- hicles, communications equipment, and NBC defense. FM 100-2-3 provides informa- tion on enemy material and equipment.
Specialized Training
The interrogator requires specialized training in international regulations, secu- rity, and neurolinguistics.
International Agreements
The interrogator should know interna- tional regulations on the treatment of pris- oners of war and the general principles of the Law of Land Warfare and The Hague and Geneva Conventions.
Security
Interrogators must know how to identify, mark, handle, and control sensitive mate- rial according to AR 380-5. He should have received special training on Subversion and Espionage Directed Against the Army (SAEDA).
Neurolinguistics
Neurolinguistics is a behavioral commu- nications model and a set of procedures that improve communication skills. The interro- gator should read and react to nonverbal communications. An interrogator can best adapt himself to the source's personality and control his own reactions when he has an understanding of basic psychological factors, traits, attitudes, drives, motiva- tions, and inhibitions.
Chapter 2
capabilities and probable courses of action. This estimate must consider the terrain fea- tures in the area of operations, the number and type of enemy units in this area, and the prevailing weather conditions. Intelli- gence assets collect and analyze informa- tion to develop this estimate, then, give the estimate to commanders in sufficient time for use in their decision making. –
Commanders request the information they need. These information requests are translated into collection requirements. The collection requirements are consolidated into collection missions and assigned to specific collection assets. Collection assets cbnduct operations to obtain information
1
that satisfies their assigned collection mis- sions. As collection assets gather informa- tion, they report it. The reported informa- tion is consolidated and analyzed to determine its reliabilitv and validitv. Valid information is collated and used to produce intelligence, which is then provided to the commanders, and simultaneously to collec- tion assets to provide immediate feedback to assist in coilection operations. This pro- cess is continuous, since commanders must react to a constantly changing battlefield. The following illustration shows the overall process followed by intelligence personnel in producing this estimate.
THE INTELLIGENCE PROCESS
s
,q
THE COMMANDER s:::E:::kk:-
PIR/IR CREATED AND/OR
REVISED TO COVER ALL
THE IDENTIFIED NEEDS.

v
COLLECTION MISSIONS
FORMULATED TO COVER
ALL PIR/IR.

v
MISSIONS ASSIGNED TO
I SPECIFIC, CAPABLE
COLLECTION ASSETS.

ASSETS RESPOND TO
ASSIGNED MISSIONS BY
COLLECTING INFORMATION.

STAFF ELEMENTS PLAN
FUTURE OPERATIONS BASED
ON INTEL PREDICTIONS.

INTEL USED TO PREDICT

I
PROBABLE ENEMY FUTURE
ACTIVITY. I
INFORMATION PROCESSED
TO PRODUCE INTEL.

I I

COLLECTED INFORMATION
IS REPORTED BACK THRU
INTEL CHANNELS.

Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
Chapter 2 – cont.
CHAPTER 3
Interrogation Process
The interrogation process involves the screening and selection of sources for inter- rogation and the use of interrogation tech- niques and procedures. Both screening and interrogation involve complex interpersonal skills, and many aspects of their perfor- mance are extremely subjective. Each screening and interrogation is unique because of the interaction of the interroga- tor with the source. There are five interro- gation phases: planning and preparation, approach, questioning, termination, and reporting.
SCREENING SOURCES
Screening is the selection of sources for interrogation. It must be conducted at every echelon to determine the cooperativeness and the knowledgeability of sources and to determine which sources can best satisfy the commander's PIR and IR in a timely manner.
CONDUCT PRESCREENING
Observe the Source

Screeners should personally observe the source. During this observation, the screener should first examine the EPW cap- tive tag (Appendix D). The EPW captive tag will provide the screener information regarding the source's circumstances of capture (when, where, how, by whom, and so forth). This information can assist the interrogator in the conduct of the screening and most importantly can show imme- diately if the source has the potential of possessing information which could answer the supported commander's PIR and IR. The screeners should pay particular atten- tion to rank insignia, condition of uniforms and equipment, and behavior demonstrated by the source. Screeners should look for things like attempts to talk to the guards, intentionally joining placement in the wrong segregation group, or any signs of nervousness, anxiety, or fear. Any source whose appearance or behavior indicates
that he is willing to talk should be noted by the screeners. During the observation, the screener should look for signs (such as the source's branch insignia or other identifi- able features) to indicate that the source could have knowledge of information related to the supported commander's PIR and IR.
Question Guards
Screeners should question guards about the source. Since the guards are in constant contact with the source, they can provide the information on the source's behavior. The guards can provide information on how the source has responded to orders, what requests have been made by the source, what behavior has been demonstrated by the source, and so forth. In addition, the guards can help screeners with specific items of interest to identify sources who might answer the supported commander's PIR and IR.
Examine Documents
Screeners should examine the documents captured with the source and any docu- ments pertaining to the source. Documents captured with the source (identification card, letters, map sections, and so forth) can provide information that identifies the source, his organization, his mission, and other personal background (family, knowl- edge, experience, and so forth). Available documents pertaining to the source (screen- ing reports, interrogation reports, and administrative documents, such as detainee personnel record (see Appendix B)) prepared by the military police, can help the screener by providing information on the source's physical and emotional status, knowledge, experience, and other background informa- tion. This information can be used to verify information from documents captured with the source and further assess his willing- ness to cooperate. When examining docu- ments, screeners should look for items that will indicate whether the source is coopera- tive or willing to cooperate based on any
Chapter 3 – cont.
who responds hesitantly to questioning. The number "3" represents a source who does not respond to questioning. The letter "A" represents a source who is very likely to possess information pertinent to the sup- ported commander's PIR. The letter "B" represents a source who might have infor- mation pertinent to the supported com- mander's IR. The letter "C" represents a source who does not appear to have perti- nent information.
Those sources who have been assigned to the same category may be interrogated in any order deemed appropriate by the senior interrogator. Category 1A sources should normally be the first to be interrogated. Category 1B sources are next, followed by those assigned to categories 2A, lC, 2B, 3A, 2C, and 3B. Category 3C sources are nor- mally interrogated last. This order of priori- ties ensures the highest probability of obtaining the greatest amount of pertinent information within the time available for interrogations. Screening codes may change with the echelon. The higher the echelon, the more time is available to con- duct an approach. The following illustra- tion depicts the order in which sources will be interrogated.
NOTE: The term "screening category" should not be confused with EPW- or source-assigned category that is assigned according to their intelligence value (see Appendix A).
INTERROGATION PRIORITIES BY SCREENING CATEGORY
AMOUNT OF PERTINENT KNOWLEDGE MOST LEAST
LEAST

Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
the approach phase. Make assessment by asking background and nonpertinent ques- tions which will indicate whether or not the approaches chosen will be effective. The questions can be mixed or they can be separate. If, for example, the interrogator had chosen a love of comrades approach, he should ask the source questions like "How did you get along with your fellow squad members?" If the source answers that they were all very close and worked well as a team, then the interrogator can go right into his love of comrades approach and be reasonably sure of its success. However, if the source answers, "They all hated my guts and I couldn't stand any of them!," then the interrogator should abandon that approach and ask some quick nonpertinent questions to give himself some time to work out a new approach.
Make Smooth Transitions. The interro- gator must guide the conversation smoothly and logically, especially if he needs to move from one approach technique to another. "Poking and hoping" in the approach may alert the prisoner of ploys and will make the job more difficult. Tie-ins to another approach can be made logically and smoothly by using transitional phrases. Logical tie-ins can be made by the inclusion of simple sentences which connect the previously used approach with the basis for the next one. Transitions can also be smoothly covered by leaving the unsuccess- ful approach and going back to nonperti- nent questions. By using nonpertinent con- versation, the interrogator can more easily move the conversation in the desired direc- tion, and as previously stated, sometimes obtain leads and hints as to source's stresses or weaknesses or other approach strategies that may be more successful.
Be Sincere and Convincing. All profes- sional interrogators must be convincing and appear sincere in working their approaches. If an interrogator is using argument and reason to get the source to cooperate, he must be convincing and appear sincere. All inferences of promises, situations, and arguments, or other invented material must be believable. What a source may or may not believe depends on his level of knowledge, experience, and training. A good assessment of the source is the basis for the approach and is vital to the success of the interrogation effort.
Recognize the Breaking Point. Every source has a breaking point, but an interro- gator never knows what it is until it has been reached. There are, however, some good indicators that the source is near his breaking point or has already reached it. For example, if during the approach, the source leans forward with his facial expres- sion indicating an interest in the proposal or is more hesitant in his argument, he is probably nearing the breaking point. The interrogator must be alert and observant to recognize these signs in the approach phase. Once the interrogator determines that the source is breaking, he should inter- ject a question pertinent to the objective of the interrogation. If the source answers it, the interrogator can move into the question- ing phase. If the source does not answer or balks at answering it, the interrogator must realize that the source was not as close to the breaking point as was thought. In this case, the interrogator must continue with his approach or switch to an alternate approach or questioning technique and con- tinue to work until he again feels that the source is near breaking. The interrogator can tell if the source has broken only by interjecting pertinent questions. This pro- cess must be followed until the prisoner be- gins to answer pertinent questions. It is entirely possible that the prisoner may cooperate for a while and then balk at an- swering further questions. If this occurs, the interrogator can either reinforce the approaches that initially gained the source's cooperation or move into a differ- ent approach before returning to the ques- tioning phase of the interrogation. At this point, it is important to note that the amount of time that is spent with a particu- lar source is dependent on several factors, that is, the battlefield situation, the expe- diency with which the supported command- er's PIR and IR requirements need to be answered, and so forth.
Approach Techniques
Interrogation approach techniques are usually performed by one interrogator
Chapter 3 – cont.
Chapter 3 – cont.
rapport. A response which is inconsistent with earlier responses or the interrogator's available data is not necessarily a lie. When such a response is obtained, the interroga- tor reveals the inconsistency to the source and asks for an explanation. The source's truthfulness should, then, be evaluated based on the plausibility of his explanation.
There are two types of questions that an interrogator should not use. These are com- pound and negative questions. Compound questions are questions which ask for at least two different pieces of information. They are, in effect, two or more questions combined as one. They require the source to supply a separate answer to each portion of the question. Compound questions should not be used during interrogations because they allow the source to evade a part of the question or to give an incomplete answer. They may confuse the source or cause the interrogator to misunderstand the response. Negative questions are questions which are constructed with words like "no," "none," or "not." They should be avoided because they may confuse the source and produce mis- leading or false information. They usually require additional questions to clarify the source's responses.
SALUTE Reportable Information
SALUTE reportable information is any information that is critical to the successful accomplishment of friendly courses of action. SALUTE reportable information is reported by the interrogator in a SALUTE report format, written or oral (see Appendix E for an example). Information may be SALUTE reportable even when an interro- gator cannot determine its immediate intel- ligence value. SALUTE reportable informa- tion is always time sensitive and answers the supported, higher, or adjacent unit's PIR and IR. SALUTE reportable informa- tion is identified by its potential value. If the information indicates a change in the enemy's capabilities or intentions, it is SALUTE reportable. If an interrogator cannot decide whether or not a piece of information is SALUTE reportable, he should act as though it is. This means that he should exploit it fully and record all per- tinent information. The interrogator should
then consult the senior interrogator for a
final determination of the information's
value.

Hot and Cold Leads
Leads are signs which tell an interrogator that the source has additional pertinent information that can be obtained through further questioning. Leads are provided by a source's response to the interrogator's questions. There are two types of leads that concern interrogators-hot and cold. A hot lead, when exploited, may obtain informa- tion that is SALUTE reportable. A cold lead, when exploited, may obtain informa- tion that is not SALUTE reportable but is still of intelligence value. The use of follow-up questions to fully exploit hot and cold leads may require an interrogator to cover topics that he did not list in his inter- rogation plan. An interrogator must exploit hot leads as soon as he identifies them. Once the interrogator is sure that he has obtained and recorded all the details known to the source, he issues a SALUTE report. The interrogator then resumes his question- ing of the source at the same point where the hot lead was obtained. An interrogator should note cold leads as they are obtained and exploit them fully during his question- ing on the topics to which the cold leads apply. Cold leads may expand the scope of the interrogation because they may indicate that the source possesses pertinent informa- tion in areas not previously selected for questioning. If the interrogator does not fully exploit all of the cold leads he obtains, he must include information on all the leads he did not exploit in his interrogation
report.
Hearsay Information
Hearsay information must include the most precise information possible of its source. This will include the name, duty position, full unit designation of the person who provided the information, and the date time group of when the source obtained the information.
Questioning Sequence
An interrogator begins his questioning phase with the first topic in the sequence he
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Chapter 3 – cont.
Throughout the briefing, the interrogator must answer all questions that the interpre- ter may have as fully and clearly as possi- ble. This helps ensure that the interpreter completely understands his role in the interrogation.
Conduct the Interrogation
During the interrogation, the interrogator corrects the interpreter if he violates any of the standards on which he was briefed. For example, if the interpreter injects his own ideas into the interrogation, he must be cor- rected. Corrections should be made in a low-key manner. At no time should the interrogator rebuke his interpreter sternly or loudly while they are with the source. The interrogator should never argue with the interpreter in the presence of the source. If a major correction must be made, and only when it is necessary, the interrogator and interpreter should leave the interroga- tion site temporarily.
When initial contact is made with the source, the interpreter must instruct him to maintain eye contact with the interrogator. Since both rapport and control must be established, the interpreter's ability to closely imitate the attitude, behavior, and tone of voice used by both the interrogator and the source is especially important. The questioning phase is conducted in the same way that it would be if no interpreter was used.
During the termination phase, the inter- preter's ability to closely imitate the inter- rogator and the source is again very impor- tant. The approaches used are reinforced here, and the necessary sincerity and con- viction must be conveyed to the source.
The interpreter assists the interrogator in preparing reports. He may be able to fill in gaps and unclear areas in the interrogator's notes. He may also assist in transliterating, translating, and explaining foreign terms.
Following the submission of all reports, the interrogator evaluates the performance of his interpreter. The evaluation must cover the same points of information that the interrogator received from the senior interrogator. The interrogator submits the results of his evaluation to the senior inter- rogator. The senior interrogator uses this evaluation to update the information he has about the interpreter. This evaluation may also be used in developing training pro- grams for interpreters.
Chapter 4
CAPTURED DOCUMENT TAG
CAPTURED ENEMY DOCUMENT TAG
1.
DATEITIME CAPTURED:

2.
PLACE CAPTURED:

3.
CAPTURING UNIT:

4.
IDENTITY OF SOURCE (IF APPLICABLE):

5.
CIRCUMSTANCES OF CAPTURE:

ACCOUNTABILITY
At each echelon, starting with the captur- ing unit, steps are taken to ensure that CED accountability is maintained during docu- ment evacuation. To establish account- ability, the responsible element inventories all incoming CEDs. Thorough account- ability procedures at each echelon ensure that CEDs are not lost. To record each pro- cessing step as it occurs helps correct mis- takes in CED processing. Accountability is accomplished by anyone who captures, evacuates, processes, or handles CEDs. All CEDs should have captured document tags, and all captured document tags should be completely filled out. An incoming batch of documents includes a transmittal document (see the illustration on page 4-10). When a batch is received without a transmittal, the interrogation element contacts the forward- ing unit and obtains a list of document serial numbers. The interrogation element records all trace actions in its journal. Accountability includes inventorying the CEDs as they arrive, initiating any neces- sary trace actions, and maintaining the captured document log. Whenever intelli- gence derived from a CED is included in a unit or information intelligence reports, the identification letters and number of the document concerned are quoted to avoid false confirmation. All CEDs are shipped with any associated documents.
Chapter 4 – cont.
UNIT:
FILE RECEIVED DOCUMENT INCOMING FORWARDING RECEIVED BY NUMBER DTG SERIAL TRANSMIS-UNIT NUMBER SlON NUMBER
CAPTURING UNIT SCREENING DESCRIPTION OF OUTGOING
CATEGORY DOCUMENT TRANSMITTAL
TIME AND PLACE OF CAPTURE (DTG)
C)
B
w
-I
C
a

m
u

0
C)
E

m
Z
-I r
0 G)
REMARKS
–

Chapter 4 – cont.
Chapter 4 – cont.
especially for lengthy or technical docu- ments. It is unlikely that many full transla- tions will be performed at corps or below. Even when dealing with category A docu- ments, it may not be necessary to translate the entire document to gain the information it contains.
Extract Translation. An extract transla- tion is one in which only a portion of the document is translated. For instance, a technical intelligence analyst may decide that a few paragraphs in the middle of a 600-page helicopter maintenance manual merit translation and a full translation of the manual is not necessary. Therefore, he would request an extract translation of the portion of the text in which he has an interest.
Summary Translation. A translator be- gins a summary translation by reading the entire document. The translator then sum- marizes the main points of information instead of rendering a full translation or an extract translation. This type of translation requires that a translator have more analy- tical abilities. The translator must balance the need for complete exploitation of the document against the time available in combat operations. A summary translation may also be used by translators working in languages in which they have not been formally trained. For instance, a Russian linguist may not be able to accurately deliver a full translation of a Bulgarian language document. However, he can proba- bly render a usable summary of the infor- mation it contains.
Translation Reports
Except for SALUTE reports, all informa- tion resulting from document exploitation activities will be reported in a translation report (see the following illustration for a sample translation report). After all required SALUTE reports have been sub- mitted, the translator will prepare any required translation reports. CEDs that contain information of intelligence value that was not SALUTE reported are the sub- ject of translation reports. Translation reports are prepared on all category C CEDs and include portions of category A, TECHDOCs, and category B CEDs not SALUTE reported.
SAMPLE TRANSLATION REPORT
UNCLASSIFIED
DATE: 231500ZAug85 TO: G2, V Corps
FROM: Team 1, IPW Section, REPORT NUMBER: 08-0356 241st MI Bn, 23d Div (Armd), V Corps
PART I:CONTROL DATA
1.
DOCUMENT NUMBER: US-WAIBVO-03093

2.
DOCUMENT DESCRIPTION: Personal letter, 1 page, handwritten, mentions a tank factory disguised as a sugar processing plant, and school teachers and elderly people working in factories

3.
DOCUMENT'S ORIGINAL LANGUAGE: Russian

4.
DATE AND TIME RECEIVED: 240847ZAug85

5.
DATE AND TIME OF CAPTURE: 230923ZAug85

6.
PLACE OF CAPTURE: NB640320

7.
CAPTURING UNIT: All-50513182 ABN DIV

8.
CIRCUMSTANCES OF CAPTURE: Found in an abandoned enemy CP.

9.
TRANSLATOR: SSG Schnurbart

10.
TYPE OF TRANSLATION: Full

PART 11: TEXT OF TRANSLATION
My dear Serezhen'ka: It has been a long time since Ireceived a letter from you. How are and where are you? The last time you wrote that fighting was going on around you all the time, and this worries me alot. Take care of yourself. There have been many changes at home. Your mother, des- pite her age, had to go to work in the factory. They make tanks there, but the sign over the entrance says this is a sugar plant. Idon't know why they do this. At the school where I work, we were also told to go and work at the same plant. They are going to close the school. Everyone has either to go to the front or work in the war industry. This is necessary in order to speed up the victory over the enemy of our country. Iwould be more at ease if I knew that you are alive and well. Please write as soon as you can. Your KATHY.
UNCLASSIFIED
Chapter 4 – cont.
Chapter 4 – cont.
SAMPLE CAPTURED ENEMY DOCUMENT TRANSMITTAL
CAPTURED ENEMY DOCUMENT TRANSMITTAL TO: DATEITIME: FROM: TRANSMITTAL NO:
SCREENED: YES NO CATEGORY: A B C D NIA
DOCUMENT SERIAL NUMBERS:
Chapter 4 – cont.
them away from him so that he cannot de- stroy them. In general, this is good, but there is one major exception. Under no cir- cumstances is a source's identification card to be taken from him.
When documents are taken from a source, it is necessary to ensure the source from whom they were taken can be identified. The easiest way to accomplish this is with the source's captive tag (see standardized captive tag in Appendix D). The bottom portion of the tag is designed to be used for marking equipment or documents. Three possible actions may be taken with docu- ments captured with a source. The docu- ments may be confiscated, impounded, or returned to the source.
Confiscation
Documents confiscated from a source are taken away with no intention of returning them. Official documents, except identifica- tion documents, are confiscated and appro- priately evacuated. The intelligence value of the document should be weighed against the document's support in the interrogation of the source. Category A documents require exploitation and should be copied. One copy should be translated and exploited sepa- rately, and the other copy should be evacu- ated with the source. If copying facilities are not available, a decision should be made on whether to evacuate the document with the source or evacuate it separately. Cate- gory B CEDs should be evacuated to the TCAE for appropriate exploitation. Cate- gory C official documents can best be used in the interrogation of the source. Therefore, these CEDs and category D official docu- ments should be evacuated with the source.
Impounded
Impounded CEDs are taken away with the intention of returning them at a later time. When a document is impounded, the source must be given a receipt. The receipt must contain a list of the items impounded and the legible name, rank, and unit of the person issuing the receipt. All personal effects, including monies and other valu- ables, will be safeguarded. An inventory of personal effects that have been impounded will be entered on DA Form 4237-R (Appen- dix B).Also, DA Form 1132 will be com- pleted and signed by the officer in charge or authorized representative. A copy will be provided the source. Further procedures for the handling of personal effects are pro- vided in AR 190-8.
Returned
Returned CEDs are usually personal in nature, taken only for inspection and information of interest, and immediately given back to the source. Personal docu- ments belonging to a source will be returned to the source after examination in accor- dance with the Geneva Convention. Copies of such papers may be made and forwarded if considered appropriate. An identification document must be returned to the source.
RECOGNITION AND EVACUATION OF DOCUMENTS
In a fast-moving tactical situation, it is possible that documents captured with, sources will not be handled expediously. Final disposition of these documents may not be made until the source is evacuated at least as far as the corps holding area. Some documents captured with a source will aid in the interrogation of the source. Others, particularly category A documents, should be copied and evacuated separately. One copy can then remain with the source to aid in the interrogation, and the other can be translated and exploited separately. This makes it particularly important for the cap- turing unit to correctly identify the docu- ments captured with the source. This is more easily done when the interrogation element rather than the military police ele- ment signs for the documents captured with sources.
EVACUATION OF SIGNIFICANT
DOCUMENTS

For more efficient exploitation of CEDs and sources, documents captured with a source are normally evacuated with the source. A document of great significance may be evacuated ahead of the source, but a reproduction should be made and kept with the source. If reproduction is not possible, the captured document tags should be annotated as to where the document was sent. Significant documents such as cate- gory A documents and TECHDOCs, Cate- gory B documents, maps, charts, and Air Force- and Navy-related documents are evacuated directly.
ACCOUNTABILITY OF DOCUMENTS
The evacuation of documents captured with a source follows the same account- ability procedures as with documents found on the battlefield. The capturing unit pre- pares a captive tag listing details pertain- ing to the source and the place and circum- stances of capture. The bottom portion is used to list documents captured with the source.
Documents captured with a source are subject to the same screening and exploita- tion procedures as those found on the bat- tlefield. These documents are categorized as category A, B, C, or D. Category A docu- ments have SALUTE reportable informa- tion extracted and are copied, if possible. A copy can then be used to aid in the exploita- tion of the source, and the other copy is sent forward for prompt exploitation and trans- lation. Category B documents should be treated as secret and evacuated to the TCAE. Category C documents are exploited. A category C document may also require copying and evacuation. Official documents should be evacuated through document evacuation channels. If they would aid in the interrogation of a source, personal documents may require similar copying.
Chapter 5
Chapter 5 – cont.
SCREENING REPORTING

Screening determines who will be interro- gated on a priority basis and in many cases how many times a source will be interro- gated. For this reason, the successful accomplishment of the intelligence collec- tion effort depends on qualified screeners. The senior interrogator designates his most qualified interrogators as screeners. He should not assign himself to screening operations. This cannot always be avoided, however, but must be kept to a minimum. He is required to supervise all steps of the interrogation process.
INTERROGATION
The senior interrogator ensures that sources are assigned for interrogation according to the screening results. This method of assigning assures that the high- est probability of obtaining the maximum amount of pertinent information within the time available is chosen.
The senior interrogator, then, assigns his subordinates to interrogate screened sources. He does this by comparing infor- mation gained during the screening process to the abilities (linguistic skills, technical expertise, and special knowledge) of his subordinate interrogators. He then selects the interrogator best suited to conduct the interrogation of a particular source.
At times, a situation will occur in which none of the available interrogators speaks the target language well enough to conduct an interrogation. When this occurs the senior interrogator coordinates with Sl/Gl for procurement of native interpreters. The senior interrogator maintains a list of available interpreters. He compares this list with the qualifications of his subordinate interrogators and the information listed on the screening report. Based on this compari- son, the senior interrogator can then assign the best qualified interpreter and interroga- tor. Interrogators must monitor interpreters periodically to ensure their performance is according to the standards established by the senior interrogator.
The senior interrogator ensures that all reports are prepared and submitted in an accurate and timely manner. SALUTE reports must be generated immediately upon identification of information which satisfies an intelligence requirement. Other reports which are generated by an interro- gation must be correctly and accurately prepared and submitted upon completion of the interrogation.
The senior interrogator ensures that all reports generated in the interrogation pro- cess are transmitted within established time frames. Transmission procedures and time frames should have already been dis- cussed and verified with the site communi- cations officer upon arrival to the holding area.
SUPERVISE THE CED
PROCESSING CYCLE

The senior interrogator ensures that the three steps of CED processing: account- ability, exploitation, and evacuation are correctly and rapidly conducted (see Chap- ter 4).
SUPERVISE
ADMINISTRATIVE
TASKS

The senior interrogator ensures that three major functions are accurate and kept updated. These are maintaining the SITMAP, updating the collection mission, and maintaining the Army files.
SITUATION MAP
He ensures that the SITMAP is kept updated by posting all known enemy units and activities within the supported unit's area of operations, according to the intelli- gence summary (INTSUM), intelligence report (INTREP), periodic intelligence report (PERINTREP), and other intelli- gence reports. In addition, he ensures any dispositions obtained through interroga- tions are posted to the SITMAP as accu- rately as the information will allow.
COLLECTION MISSION
UPDATE

Through previously discussed liaison vis- its and established communications, he ensures that all subordinate interrogators are kept abreast of any changes to the col- lection mission.
MODERN ARMY BOOKKEEPING SYSTEM
He ensures that files have been estab- lished for any documents, reference mate- rials, and blank forms that the interroga- tion element has in its possession. The same files must be generated for any docu- ments, reference materials, and blank forms that may be acquired or generated during day-to-day interrogation operations. He ensures that these files are established, maintained, and disposed of according to AR 25-400-2.
Chapter 6
Memory stores information in two areas: The five senses constantly transmit infor- mation to the brain's short-term memory. This data is stored there tempo- rarily and then shifted to the brain's long-term memory. The time at which this transfer takes place varies widely, but research shows that a great amount of detail is lost during that transfer. Studies conducted on classroom learning indicate that even though students know informa- tion stressed in class is important, by the next day most of the information is forgot- ten. The percentage of information lost beyond recall varies from study to study, but a 70-percent figure is a conservative estimate. Much of the information of value to the interrogator is information that the source is not even aware he has. Although no research data is available in this area, it is reasonable to assume that this type of information will be lost even faster than classroom learning.
CEDs, while not affected by memory loss, are often time sensitive and are screened for possible exploitation as quickly as possible. Interrogators were given the CED exploita- tion mission because of their linguistic ability. This makes printed and typed mate- rial readily exploitable, but many handwrit- ten documents are illegible. Information contained in undeveloped imagery and recordings is inaccessible to most interroga- tion elements. The intelligence value of painted, drawn, or engraved material can- not be exploited by many elements unless it is accomplished by explanatory informa- tion in writing. An example of this would be an overlay prepared without map data, reg- istration points, orjdentifying terrain fea- tures. In spite of these limitations, an esti- mated 90 percent of all the information contained in CEDs can be exploited. The following illustration shows a comparison along a time line of the amounts of infor- mation available to the interrogator from the two collection targets. The comparison assumes that the CEDs and the sources initially had the same amount of informa- tion, and that it was of equal intelligence value. Bear in mind that the figures used are conservative estimates, and that the time between the two target types might be even greater between 24 and 72 hours. The percentage of information available from sources drops sharply during the first 24 hours after capture. This represents the rapid loss of what sources would consider to be insignificant details. A slower drop in the percentage begins at 48 hours to repre- sent the resurgence of established value systems. This resurgence makes it harder for interrogators to obtain what informa- tion the source still remembers.
The supported echelon's intelligence officer determines the guidelines for priority of exploitation. The commander's intelli- gence needs and the G2's or S2's estimate of the enemy's intentions dictate the extent to which these guidelines can be applied. Exploitation priorities are reviewed and changed when needed.
ACCESSIBLE INFORMATION OVERTIME.

–

100
90 –
80 –
70 –
Z
0-k 60 –
a
I
a
0
L –
z- 50
LL
0
I-
Z W 0 40 –
a
W
a
–
30
20 –
– EPWS OR SOURCES
10
I I I I I I I
0 8 16 24 32 40 48 56 64 72
TIME SINCE CAPTURE IN HOURS

Chapter 6
Chapter 6 – cont.
Chapter 6 – cont.
Chapter 6 – cont.
Chapter 6 – cont.
Chapter 7
Chapter 7 – cont.
Chapter 7 – cont.
Chapter 7 – cont.
Chapter 8
Chapter 8 – cont.
COORDINATION
Effective coordination between the JIF and numerous component, theater, and national and host-government assets is necessary to ensure the success of JIF operations.
Theater 52 and service components' intel- ligence staffs require interface and coordi- nation with the JIF to ensure collection requirements are satisfied accurately and in a timely manner. The success of JIF opera- tions depends in part upon the screening, interrogation, and debriefing operations of division and corps interrogation and CI elements. The JIF establishes and main- tains working relationships with service component HUMINT collection managers and interrogation and document exploita- tion units at all echelons. Service compo- nent members attached to the JIF facilitate this interface.
Interface and coordination with compo- nent security and military police elements are required to ensure the timely evacuation and proper safeguarding and exploitation of sources.
The JIF is located in the immediate vi- cinity of the theater EPW camp. The loca- tion of the EPW camp is the responsibility of the military police EPW camp com- mander. Army component G2s and provost marshal staffs coordinate all EPW plan- ning about location.
Security arrangements for the EPW camp and planning for the segregation and safe- guarding of JIF sources are the responsi- bility of the EPW camp commander. Sources are identified, classified, and segre- gated according to their status, sex, nation- ality, languages, and intelligence category. JIF sources are segregated and safeguarded from other sources. Security of the JIF and control over the sources within the JIF are under the direction of the JIF commander.
Component security and military police units are responsible for the evacuation, safeguarding, and control of sources. JIF MIT at lower echelons coordinate with these units for access to a source and the source's subsequent evacuation to the JIF
JIF coordination and interface with theater and service component CI elements are necessary at all times. CI teams located at the JIF and with the MIT facilitate this interface and coordination. The JIF and MIT assist CI elements in the identification and exploitation of all sources of CI interest.
JIF coordination and interface with PSYOP and CA units are facilitated by direct access to members of these units con- ducting operations in support of military police EPW camps. PSYOP analysis con- cerning motivational and cultural factors of sources is of direct benefit to JIF operations.
JIF coordination and interface with legal, medical, and chaplain activities and authorities supporting EPW camps are required to ensure compliance with the Geneva Convention concerning the treat- ment and care of sources.
National agency access and participation in debriefings and interrogations conducted by the JIF are coordinated in advance through the theater 52. National agencies may establish liaison officers at the JIF.
Access to or knowledge of JIF operations and activities by host governments is coor- dinated through the theater 52.
COMMUNICATIONS
To effect required interface and coordina- tion, the JIF requires secure communica- tions with the theater 52, service compo- nents, and the MIT. Secure record and voice communications circuits and telephone switchboard trunks are used. Interface and compatibility with service component inter- rogation and CI team communications are required.
Chapter 9
PEACEKEEPING OPERATIONS
Increasing world tension, continuing con- flicts, scarce resources, and general distrust have created environments in which a mili- tary force may be employed to achieve, re- store, or maintain peace. A peacekeeping mission may present situations that are often ambiguous and may require forces to deal with extreme tension and violence in the form of terrorism, sabotage, and minor military conflicts from known and unknown belligerents.
Given the worldwide nature of US national interests, it is vital to US security to maintain not only the capability to employ force, but also the ability to assist in the peaceful resolution of conflicts. US Army participation in peacekeeping opera- tions may be multinational in nature or may be conducted unilaterally.
Multinational peacekeeping operations are military operations conducted for the purpose of restoring or maintaining peace. They may be undertaken in response to a request for assistance made to either a mul- tinational organization or to the US di- rectly. Historically, the United Nations has been the most frequent sponsor of multina- tional peacekeeping operations, though re- gional organizations have acted in a simi- lar fashion to prevent, halt, or contain conflict in their respective regions.
Although unilateral peacekeeping opera- tions are possible, they are inherently sensi- tive and require tacit international appro- val. Unilateral peacekeeping operations conducted by the US require clear humani- tarian justifications.
The two common missions in peacekeep- ing operations are cease fire supervision and law and order maintenance.
Cease Fire Supervision
Peacekeeping forces can be deployed to observe and report on compliance with diplomatically arranged cease fires. The force will require the capability for rapid deployment to perform its peacekeeping function and must be initially self- sufficient, have self-defense capability, and possess effective internal and external communications. The terms of the cease fire agreement may call for the peacekeeping force to supervise the withdrawals and dis- engagements of the belligerents, supervise the exchange of prisoners of war, or moni- tor demobilization.
Law and Order Maintenance
Peacekeeping operations also include res- toration or maintenance of law and order. Traditional civilian law enforcement func- tions are generally not performed by US military personnel. However, situations may arise which require limited support to duly authorized law enforcement authori- ties of a receiving state.
FOREIGN INTERNAL DEFENSE
FID encompasses those actions taken by civilian and military agencies of one government in any program taken by another government to preclude or defeat insurgency. Insurgencies cannot be over- come by military measures alone but by military support to national programs.
US Army forces operate in concert with other services, both US and host nation and with other US Government agencies. Opera- tions are conducted in support of plans developed by the host nation and the US Government.
US forces involved in FID must have an appreciation of the culture into which they are employed and should be selected, edu- cated, and prepared to ensure that US involvement and goals are understood and complied with. Language capabilities are important and must be developed to the maximum extent possible. Units should be prepared for the FID mission prior to deployment and arrive in the host country established as an effective, cohesive group, prepared to begin operations immediately.
US Army forces can assume various rela- tionships with the host nation's military forces in FID operations. They can serve as advisors or instructors at all levels. Special forces units are specifically trained for this mission. Combat support of CSS units may augment the host nation's efforts and serve to prepare the battlefield for US combat forces, if required. US forces must assume an unobtrusive support role to maintain credibility of the host government.
The manner in which US combat forces are employed will vary with the situation. Because of their familiarity with local communities and population, it is generally better to use indigenous military assets in more populated areas and to employ US combat assets in remote areas.
When US Army combat troops are required for FID operations, planning for their withdrawal begins at the time of deployment. The withdrawal of Army units depends on the capability of the host nation forces to regain and maintain control.
PEACETIME CONTINGENCY
OPERATIONS

In certain environments, peacetime con- tingency operations become necessary when diplomatic initiatives have been, or are expected to be, ineffective in achieving extremely time-sensitive, high-value objec- tives. Failure to influence a belligerent nation or activity through diplomatic means may necessitate the use of military forces to protect US national interests, rescue US citizens, or defend US assets.
Intelligence is a particularly critical part of all peacetime contingency operations. The rapid and tightly controlled introduc- tion of US combat forces is a part of contin- gency operations which requires precision planning. Accurate, detailed, and timely intelligence determines the success or fail- ure of these operations. Time for planning and execution is typically short, and intelli- gence assets must be able to anticipate requirements and provide comprehensive products on extremely short notice. City plans with complete detail of utilities, per- sonality profiles of local officials, and details of specific ports, airports, roads, and bridges are examples of information which must be made readily available. Intelli- gence gathering missions into sensitive areas are also conducted as required.
TERRORISM COUNTERACTION
Terrorism, employed worldwide, may be sponsored by political or other terrorist groups within a nation, sponsored by an external source, or employed as a tactic of insurgents. It is clearly a dimension of war- fare which pays high dividends with mini- mum risk. Population areas, public trans- port conveyances, industrial facilities, and individuals are high-probability targets for terrorist activities. Terrorist groups increas- ingly threaten US interests throughout the world.
Terrorism counteraction consists of those actions taken to counter the terrorist threat. Antiterrorism refers to defensive measures taken to reduce vulnerability to terrorist attack. Counterterrorism refers to offensive measures taken against terrorists. Specially trained US Army forces are the main ele- ment used in counterterrorism operations.
Intelligence is essential to implementing effective antiterrorism and counterterrorism measures. Its purpose in terrorism counter- action is to identify and quantify the threat and provide timely threat intelligence. This includes the evaluation of terrorist capabili- ties, tactics, targets, and the dissemination of this information.
Terrorism counteraction varies according to the type of terrorist organization involved. Autonomous terrorist groups, for example, are vulnerable to intelligence and police-type operations. In a different arena, the actions of state-supported and state- directed groups would certainly be sensitive to measures taken against the supporting states.
INTERROGATION SUPPORT
TO LOW-INTENSITY
CONFLICT

The principles and techniques of interro- gation discussed elsewhere in this manual apply with equal validity to interrogations conducted in LIC operations. Specific appli- cations of the general principles and tech- niques must be varied to meet local pecu- liarities. However, because of these peculiarities of LIC operations, this chapter provides additional guidelines for the con- duct of interrogations in support of such operations. Intelligence interrogations play a significant role in ascertaining the devel- opment of an insurgency in the latent or initial stage; the intentions, attitudes, capabilities, and limitations of the insur- gents: their underground organizations: and their support systems. In addition to the traditional military concepts of intelli- gence concerning the enemy, terrain, and weather, LIC operations have added a new dimension-the population. The major aim of both the threatened government and the insurgents is to influence the population favorably and win its support.
LIMITATIONS TO UNITED
STATES ASSISTANCE

US military or civilian participation in intelligence interrogations during LIC operations is generally limited to that per- mitted by the host government concerned. This limitation places certain restrictions on US military and civilian personnel engaged in such operations. The degree of participation will, therefore, be determined by combined US and host-country policies. Normally, the interrogator is asked to advise, assist, and train host-country per- sonnel who are members of the armed forces, paramilitary forces, police, and other ~ecurity agencies (FM 100-20). The interro- gator may also provide intelligence interro- gation support to committed US or allied forces during LIC operations. This will require effective, close coordination of the combined effort with host-country agencies. In this respect, coordination problems can be avoided by conducting a combined inter- rogation effort with interrogators of the host country. Further advantages of such a measure are the language capability and the intimate knowledge of the area- personalities, customs, ethnic differences and geography-possessed by the host country's interrogation personnel.
INTERROGATOR SKILLS
AND ABILITIES

LIC operations intelligence requirements demand detailed familiarity with the mili- tary, political, and front organizations of the insurgent enemy and the environment in which he operates.
The interrogator's familiarity with the areas of operations must include an under- standing and appreciation of the insur- gency, its objectives, history, successes, and failures. This understanding and apprecia- tion is required not only on a general coun- trywide basis, but also on an expanded basis within the interrogator's particular area of operation. Therefore, it is essential that the intelligence interrogator fully grasps the importance that the insurgent organization places on the accomplishment of political objectives as opposed to military successes.
One measure of the interrogator's effec- tiveness is his ability to apply the appro- priate interrogation techniques to the per- sonality of the source. Interrogations associated with LIC operations dictate the need for skill in the full range of interroga- tion techniques so that the interrogator can conduct the many types of interrogations demanded.
ADVISOR AND INTERROGATOR RELATIONSHIPS
In some instances, US Army interroga- tors are assigned to a host country to assist in developing interrogation capabilities of host-country forces. FM 100-20 contains detailed information on advisor duties, techniques, and procedures. However, the operations and relationship of the advisor to host-country interrogators require special mention and are discussed below.
Advisor Qualifications
The advisor must be a qualified, experi- enced interrogator with an extensive intel- ligence background. He requires area orien- tation and must have language ability, and a personality favorable for working with indigenous peoples. The following are nor- mal functions of an interrogation advisor: the host country, military, and civilian offi- cials. But if harmonious working relation- ships are established with the key person- alities involved, the advisor can succeed in integrating all available resources.
Chapter 9 – cont.
The interrogator (advisor) should estab- lish liaison with US advisors working with host-country tactical forces operating within his area. From these advisors he can be constantly informed of insurgents cap- tured by these tactical forces. The interro- gator (advisor) and tactical unit advisor, working together with their respective counterparts, can ensure effective interro- gation of these captured insurgents. Fur- ther, the advisors can assist in achieving the required coordination between host- country tactical units and area forces to improve handling and exploiting interroga- tion sources.
THE SOURCE
The status of insurgents in LIC opera- tions differs from that of recognized bellig- erents; the field of interrogation will encompass a wider variety of sources involved in operations.
LEGAL STATUS OF INSURGENTS
EPW interrogations are conducted in support of wartime military operations and are governed by the guidelines and limita- tions provided by the Geneva Conventions and FM 27-10. However, insurgent subver- sive underground elements who are seeking to overthrow an established government in an insurgency do not hold legal status as belligerents (see DA Pam 27-161-1). Since these subversive activities are clandestine or covert in nature, individuals operating in this context seek to avoid open involvement with host-government police and military security forces. Hence, any insurgent taken into custody by host-government security forces may not be protected by the Geneva Conventions beyond the basic protections in Article 3. The insurgent will be subject to the internal security laws of the country concerning subversion and lawlessness. Action of US forces, however, will be gov- erned by existing agreements with the host country and by the provisions of Article 3 of the 1949 Geneva Conventions.
POPULATION
LIC operations place the population in the position of a prime target. Therefore, the population becomes a principal source of intelligence. The population with which the interrogator will have to deal may be com- posed of friendly, hostile, or completely indifferent elements. In dealing with these population elements, as well as with the insurgents, the desires of the host country must be considered. There is a need to gain the support of the population to deprive the insurgents of their primary sources of sup- port. Such a need places a burden upon the interrogator to learn more about the people-their customs and taboos (by ethnic groups, if appropriate), distrust and fear of foreigners, fear of insurgent reprisal, philo- sophy or outlook on life, and other facets of their political, economic, and social institu- tions. Since CI elements are tasked with the mission of countersubversion, the primary responsibility of identifying insurgent operations within the population is placed upop CI personnel. Therefore, it is essential that the intelligence interrogator maintain close and continuous coordination with CI personnel to ensure complete exploitation of the population.
INSURGENT VULNERABILITY
TO INTERROGATION

The individual insurgent may lack many of the conventional psychological supports which are helpful in resisting interrogation. Often he is in conflict with his own people, perhaps of the same ethnic group, religion, environment, or even, in some cases, his family. Further, the insurgent has no legal status as an EPW and, therefore, realizes he may be considered a common criminal. The insurgent often expects to receive harsh and brutal treatment after capture. If he does not receive this harsh treatment, the psy- chological effect may make him amenable to the interrogator. In addition, the shock effect normally induced by capture will further increase his susceptibility to inter- rogation. Therefore, the individual insur- gent may rationalize cooperation with the interrogator as the best course of action for his survival.
Chapter 9 – cont.
COMMON CHARACTERISTICS AND KNOWLEDGEABILITY OF SOURCES
The characteristics and knowledge of interrogation sources vary widely, based upon the position, status, and mission of the insurgent within his organization. The interrogator's appraisal of these factors, coupled with his own knowledge of the source and the organization to which he belongs, will assist in quickly evaluating the informational potential of each source. Interrogation sources vary and include the combatant, terrorist, propagandist, courier, political cadre, and intelligence agent. They may be young or old, male or female, edu- cated or illiterate. General characteristics and knowledgeability of the more common types are discussed below.
Main and Local Forces
The main force combatant is the best indoctrinated, trained, led, disciplined, and equipped of all insurgent forces. He will know more, but may be inclined to reveal less than a local force insurgent or a member of the village militia. When prop- erly interrogated, however, he can be expected to be a fruitful source of informa- tion on his unit and its personnel; current and past military operations; supply and base areas; status of training and morale; some information of higher, lower, and adjacent units; routes of infiltration and exfiltration; tactics and general information on his area of operations. In short, he may be likened to the more conventional pris- oner of war and will be knowledgeable on topics akin to that type of individual. He will differ, however, in that his knowledge of units other than his own will be far less than that of the conventional prisoner of war. Generally speaking, the local force insurgent soldier (the second component of the insurgent regular armed forces) will be almost as valuable as a main force soldier for interrogation purposes. His knowledge will depend primarily upon the methods of operation used by the insurgent movement in the employment of its regular armed forces.
Militia
Compared to the main and local force insurgent, the local village militia member is often poorly trained, disciplined, and equipped. While he is not likely to be a prof- itable source of information on regular force units, his native familiarity with the area in which he operates makes him a most valu- able source on local terrain, insurgent infrastructure, food and weapons caches, lines of communications and logistics, intel- ligence operations, and OB information on his own militia unit. When cooperative, he, likewise, can be used to identify local insur- gent sympathizers within his area.
Political Cadre
This individual is a profitable interroga- tion source for obtaining information on the composition and operation of the insur- gent's political structure. At the lowest level (hamlet and village) he normally wears "two hats," one as the political leader, the other as the commander of the militia. At higher levels the individual is more political in orientation and can provide information on cell members, front organizations, sym- pathizers, and nets. He is also knowledge- able on the military units within his area, their lines and methods of communications, and future plans and operations of both the political and military organizations.
Sympathizer
This individual may be a sympathizer in fact or one of circumstance-that is, through blackmail, terror, or relatives being held hostage. In either event, if skillfully interrogated, the sympathizer can become the most fruitful source of information on one of the greatest and most perplexing questions of insurgency-"How do you tell the difference between friend and foe?" The sympathizer coerced into assisting the insurgent is, of course, the most useful type of individual, but care must be taken to pro- tect him after he has revealed useful information.
Defectors
These individuals are perhaps the best source of information available during LIC.
They are usually cooperative and easily susceptible to direct approach interrogation techniques. The most important feature of interrogating defectors is the capability to exploit physically the individual who voluntarily agrees to accompany friendly personnel into tactical operations areas. The primary methods of exploiting defec- tors are to use them as tactical guides and advisors, as informants, as aides in interro- gation and document analysis, and as advi- sors on enemy agent net modus operandi. It should be noted, however, that some of these techniques involve personal danger for the defector, and for that reason, he should be provided appropriate protective equipment. Coercion cannot be used to induce his cooperation. However, when defectors are employed to accomplish objec- tives, as discussed in FM 34-60,they will be controlled only by qualified CI personnel.
INTERROGATION
OPERATIONS

SCREENING TECHNIQUES
The screening of insurgent captives and suspects is the key to productive interroga- tion by CI personnel. Screening is a twofold operation conducted to identify insurgents or their sympathizers in the population and, of these, to find the most knowledgeable individuals for interrogation. Techniques for accomplishing these functions are var- ied and depend mainly upon the imagina- tion and ingenuity of screener personnel. For this reason, only the most resourceful interrogators should be selected as screen- ers. Examples of successful screening aids and techniques are discussed below.
Local Leader
The local leader, whether a government official, religious personage, teacher or vil- lage elder, is a useful screening assistant. This individual knows the people, their hab- its and activities. He knows the legitimate resident from the stranger and can often point out insurgents and their sympathizers in his area. However, since the local leader is vulnerable to insurgent terror or repri- sals, his overt use in screening may be sometimes limited. When employed in an overt capacity, he will always require pro- tection later. The mere fact that a man is a constituted local leader should never be viewed as prima facie evidence of loyalty to the host-country government. A leader may be secretly or tacitly supporting the insur- gency or may, for personal political rea- sons, discredit political rivals with false accusations.
Insurgent Captive
The insurgent captive can be used as a "finger man" in a police-type line-up, an excellent means of mass screening. As the entire population of a community files past, the captive points out those individuals loyal to the insurgency. A police "mug file" is a useful variant of this technique. Here the captive reviews photographs taken from family registries.
Agent or Friendly
Civilian

The line-up or the "mug file," described above, is most productive when friendly agents and civilians are used as screening assistants. However, care should be taken to hide the identity of these individuals by placing them behind a barrier or covering their faces. An excellent source for employ- ment of this technique is the individual who has close relatives within the government or its military forces.
Area Cordon
A good method to screen a community is to cordon off the area and restrict the inhabitants to their homes. All movement thereafter must be strictly controlled and regulated. With this accomplishment, each member of the community is questioned regarding the identities of party members and sympathizers for the same length of time and with the same questions. If the desired information is not obtained after completion of all questioning, the process should begin again and continue until peo- ple start to talk. Once information is obtained, the members of the local insur- gent infrastructure are apprehended simul- taneously and removed from the commu- nity for intensive, detailed interrogation.
Informant Technique
This technique involves placement of a friendly individual among a group of sus- pects or captives. The individual acts out the role of an insurgent sympathizer to gain the confidence of the group and to learn the identity of the true insurgents and their leaders.
INTERROGATION OF ILLITERATES
The interrogation of illiterate sources requires special questioning techniques. The interrogator is after facts, and eliciting such simple data from illiterates as "size" or "how many" is often difficult. The interro- gator must agree on common terminology with his source so that he can communicate and obtain the informa.tion he desires. He can use a system of holding up fingers on his hands, marking on a piece of paper, or using matchsticks, pieces of wo-od, or other materials to determine numerical facts. In determining types of weapons, the interro- gator can show actual weapons, photo- graphs, or drawings of weapons from which the source can make a comparison with what he actually saw. Description of colors can be made from pieces of materials or color charts. Direction of movement may be found out by location of the sun, stars, or landmarks familiar to the source. Time can be determined by the position of the sun, locating a traveled route and then comput- ing how rapidly the source walked, or find- ing out how often he stopped and how many meals he ate. The methods discussed are examples of common terminology or reference points which an interrogator employs. Additionally, knowledge of the specific habits of the populace and of the area allows the interrogator to select a defi-nite term of reference.
APPENDIX A
STANAG Extracts
Extracts from STANAGs 1059,2033, copied as they appear in the STANAGs and 2044, and 2084 pertaining to intelligence are not reformatted. Copies of STANAGs interrogations and document exploitation can be obtained from Naval Publications are being provided in this Appendix for and Forms Center, 5801 Tabor Avenue, your information. The extracts have been Philadelphia, Pennsylvania, 19120.
EXTRACT FROM STANAG
1059

NATIONAL DISTINGUISHING LETTERS FOR USE BY NATO FORCES
2. The following national distinguishing letters shall be used whenever it is necessary to use abbreviations in staff work and communications, including publications, documents, communications, orders or other media, to identify a NATO nation or any part of NATO Forces. The distinguishing letters are to be used to denote the countries concerned in all documents or papers, ir-respective of whether they are in the English or French language. Whenever the
NATO nations are listed in any paper or document, they are to be listed in the
, order shown in both English and French versions.
Belgium BE
Canada CA (see Note 1)
Denmark DA
France FR
Federal Republic of Germany GE
Greece GR
Iceland IC
Italy IT
Luxembourg LU
Netherlands NL
Norway NO
Portugal P 0
Spain SP
Turkey TU
United Kingdom UK (see Note 2)
United States uS
Notes: 1. The national distinguishing letters for Canada are not to be used to
identify Canadian Army format ions which have the word "can-
adian/Canadiennel' in their official designation.
2. The letters "UK" denote the United Kingdom, or a force or part of a
force provided solely from the United Kingdom. The letters "BR" may, however, be used in special cases to denote a force comprising units or elements of more than one country of the British Commonwealth.
3. When used to identify a National Force or component of a National Force the distinguishing letters are to be bracketed immediately following the Force,
formation or unit number. Examples: 12(~~)
Army Group ~(FR)Armoured Division 6(NL) Infantry Brigade 5(1T) Infantry Regiment
National distinguishing letters for components of Army Forces smaller than a
division are to be used only when it is necessary to avoid confusion.
EXTRACT FROM STANAG 2033
EXTRACT FROM STANAG 2033 INTERROGATION OF PRISONERS OF WAR
21. Interrogation Serial Number. In order to avoid errors in cross-checking the information obtained from interrogating PW, the origin of infbrmation repeated in intelligence reports will be indicated in brackets. To this end, every PW interrogated is to be given an interrogation serial number as a
source of information (not to be confused with the internment serial number discussed in STANAG 2044 which is given to PW for administrative reasons).
This number is to be allocated by the first interrogation unit to interrogate him officially. It is to be noted on the Tactical Interrogation Report. Only one interrogation serial number is to be allocated to each prisoner; it will not be changed or re-allocated subsequently. The system of allocating the
interrogation serial number is given in Annex B.
ANNEX B TO STANAG 2033 (~dition No. 4)
SYSTEM FOR ALLOCATING AN INTERROGATION SERIAL NUMBER
TO A PRISONER OF WAR

1. Every PW selected for interrogation shall receive an interrogation serial
number as a source of information, (not to be confused with an internment
serial number discussed in STANAG 2044, which is given to all PW for
administrative reasons). his interrogation serial number will be allocated
to the PW by the first team of interrogators officially interrogating him and
responsible for his selection. This number will be constituted as follows:
a.
Two letters, in accordance with STANAG 1059, indicating the nationality of the unit which captured the prisoner (e.g. BE, CA, GE, etc.).

b.
Two letters indicating the service or enemy forces to which the

prisoner belongs :
Army. …………AR Marines…………..YR
Navy………….NV Airborne………….AB
Naval Air Arm.. ..NA Police……………PL
Air Force.. ……AF Irregular……. …..IR

c.
Four or five figures as required, to designate the team which carried out the first .official interrogation.

d.
A number to identify the prisoner himself. Every prisoner selected

for interrogation will receive a personal number, allocated in numerical order and given by the first team to interrogate him officially.. This number, preceded by a dash will be added to the code number constituted as described
above.
2. Table showing how numbers are allocated to teams of interrogators:
a. NATO Forces:
SACEUR : CINCNORTH : CINCENT :
CINCSOUTH :
a. National
1.000 -4.999 -SACLANT : 5.000 -6.999
1.000
-1.999 -CINCHAN : 7.000 -7.999

2.000
-2.999

3.000
-3.999

Forces:
BELGIUM : 10.000 -10.999
CANADA : 11.000 -11.999 DENNARK : 12.000 -12.999 FRANCE : 13.000 -13.999
Federal Republic of Germany: 14.000 -14.999 GREECE : 15.000 -15.999
-ITALY
-LUXENBOURG -NETHERLANDS -NORWAY -PORTUGAL -SPAIN
-TURKEY : 16.000 -16.999 : 17.000 -17.999 : 18.000 -18.999 : 19.000 -19.999 : 20.000 -20.999 : 24.000 -24.999
: 21 .OOO -21.999
-UNITED KINGDOM : 22.000 -22.999 -UNITED STATES : 23.000 -23.999
3. Example of an interrogation serial number:
"BE-AR-2207-137"
BE : Belgian capturing unit.
AR : Prisoner is a member of enemy army forces.
2207 : The team of interrogators which allocated the number is part of a
force attached to CINCENT.
137 : He is the 137th prisoner interrogated and numbered as such by this team.
9. Categories of PW According to Intelligence Value. According to their value of intelligence, PW may be divided for convenience into the following broad categories which are not listed in any agreed order or priority.
a. Categories A. High level PW whose broad or specific knowledge of the enemy war effort makes it necessary for them to be interrogated without delay by specially qualified interrogators and at the highest level. This category will normally include all:
(1)
General officers or equivalent, who have knowledge of sufficient value to NATO to warrant detailed interrogation.

(2)
Chiefs of Staff of formations down to and including divisions or the equivalent.

(3)
Heads of staff sections down to army group/army level or the equivalent.

(4)
Scientific personnel.

(5)
Technical personnel with up-to-date knowledge of radiological, biological, and chemical weapons or any other type of equipment.

(6) Psychological personnel.
(7) Political officers.
(8) Other officials, war correspondents, supply contractors, etc.,

who have a wide knowledge of enemy logistics capabilities or political and economic factors.
(9)
Personnel with a knowledge of enemy communications and especially cyphers or cryptographic equipment.

(10)
Officers serving intelligence appointments or organizations.

(11)
Personnel who are intimately associated with or have a working knowledge of items of major intelligence importance.

(12)
Flying personnel whose mission, subordination, training and knowledge of enemy locations and movements is thought likely to be of considerable intelligence interest.

(13)
Officers, warrant officers and senior Non commissioned Officers (NCO) of special purpose forces.

b.
Category B. PW who have enough information on any subject of
intelligence interest to warrant a second interrogation.

c.
Category C. PW who have only information of immediate tactical value and do not therefore warrant a second interrogation.

d.
Category D. pW who are of no interest to intelligence.

EXTRACT FROM STANAG 2044
PROCEDURES FOR DEALING WITH PRISONERS OF WAR
7. PW Processing-Stage 1-The Capture. As far as practicable, the responsibilities of the capturing unit are:
a.
To disarm the PW without delay and to remove all their military documents and equipment, except for clothing and protective equipment (~rticle 18 of the Convention). Tagging should then be carried out as described in Annex C.

b.
To segregate, Eor the purpose of interrogation, PW according to rank,

grade and service, sex, nationality, deserters, civilians and political indoctrination personnel. Such segregation is not to violate the requirements of Article 16 of the Convention.
c.
To treat PW with correctness but to permit no talking or fraternization that may prejudice future interrogation.

d.
To arrange for naval and air force PW to be interrogated by naval or

air force interrogators as appropriate. To place adequate guards around crashed enemy aircraft.
e. To segregate, as soon as possible, from PW and other captured enemy personnel, enemy nationals who identify themselves as defectors. These personnel will be screened to ascertain whether they possess information of ground, naval or air interest. Upon determination of primacy of interest, the defector will be interrogated by that service. Subsequently, to send a report along staff channels, as may be prescribed by the commander concerned, giving details of the alleged defector and asking for disposal instructions.
I
f.
To segregate from other personnel, captured personnel claiming to be special agents of an allied service and send a report on such personnel to the appropriate staff.

g.
TO inform PW of their rights under Section V of the Convention. elations of Prisoner of War with the Exterior.)

h.
To escort PW to the nearest collection point or PW Holding Area as quickly as possible.

8. EProcessing-Stage 2-Evacuation and Holding. If the situation has
prevented the capturing unit from fulfilling the responsibilities listed in para. 7 above, the unit administering the collection points should do so without delay. If PW bypass the collection points these responsibilities will be fulfilled by the unit administering the Corps of Army PW Holding Area. Then if possible the following should be carried out: Completion of Detainee Personnel Record. The Detainee Personnel Record (Appendix B) is to be used as the basic Prisoner of War Personnel Record. The
I
form is to be printed in the national language of the capturing unit and in
one of the NATO languages. It remains a national responsibility to provide
translation keys in the language of the prisoner concerned.
9.
PW Processing-Stage 3-PW Camp. If any of the responsibilities or duties listed in paras 7 and 8 above or arising from the Convention have not been fulfilled they must be so fulfilled by the PW Camp authorities. In addition prisoners will be allotted internment Serial Numbers which are to be consecutive and composed of prefix code letters identifying the capturing nation in accordance with STANAG 1059.

10.
Handling of Personal Property. The procedures set forth in Annex B are to govern the handling of personal property, including money.

–

11, Financial Accountability. Financial accounts, pay and work records, and receipts for property and money are to be in accordance with the terms of the Convent ion.
ANNEX B TO STANAG 2044 (edition no. 4)
PROCEDURES GOVERNING THE HANDLING OF PROPERTY AND MONEY
OF PRISONERS OF WAR

1. No attempt has been made to standardize a list of those effects of
personal use, sums of money and articles of value to be impounded, confiscated or to remain in the possession of the prisoners. Policies in these matters are to be individually determined by the nations. ~ikewise, nations are independently to determine policies with regard to the conversion of foreign currencies into their own currency. When laying down these policies, nations are to ensure that the appropriate articles of the Geneva Convention of 1949 are complied with.
2.
In addition to issuing receipts to the prisoners for articles and sums of money which are impounded for reasons of security, such impounded articles and money are to be listed in the appropriate space on the Prisoner of War Personnel Record. Sums of money are not be taken away from PW except on order of an officer. That record must be maintained up to date by the addition of items taken from the prisoners subsequent to the initial entry and by the deletion of items returned to the prisoners.

3.
In the event of an international transfer of prisoners, their impounded articles and money which has been converted into the currency of the detaining nation are to accompany them and must be clearly accounted for on the Prisoner of War Personnel Records which also accompany the prisoners. The appropriate representative of the receiving nation is to verify and sign for the articles and money received. Money taken from the prisoners in the currency of the

detaining nation and that which has been converted into the currency of the
detaining nation at the request of the prisoners is not to be the subject of
transfer. Such money is accounted for in the certificate required to be issued to the prisoners at the time of the transfer by the tranferring nation, showing the amounts standing to the credit of their accounts, and need not to be the subject of concern to the nation receiving the prisoners. It should be
clearly indicated on the Prisoner of War Personnel Record that such money, although initially listed on the form as impounded money, is not included in the articles and money delivered to the receiving nation.
4. Impounded articles and money, except money initially in the currency of the Detaining Power or subsequently converted to same and credited to the prisoner's account, which for any reason do not accompany the prisoner at the time of an international transfer, must be sent to the Prisoner of War Information Bureau of the nation receiving the
ANNEX C TO STANAG 2044 (edition no. 4) STANDARDIZE CAPTIVE AND EQUIPMENT/DOCUMENT TAG GENERAL
1. A standardization tag is considered necessary for temporary use in identifying captured personnel and equipment or documents captured with personnel, be fore formal documentat ion can be completed. This tag should
contain on one side the minimum necessary information in a standard format. The reverse side may be used for national handling instructions. The tag is not to be used for labelling captured equipment or documents not associated with captured personnel. The procedure for dealing with such equipment is covered by STANAG 2084.
2. The tag which is in 3 parts will be used as follows (Note 1):
a. Top part (marked "A")
To serve as identification of captured personnel before completion of the Prisoner of War Record; and to serve as a substitute identifying card when required.
b.
Middle part (marked "B")
For administrative purposes according to national requirements.

c.
Bottom part (marked "c")

To mark document and/or equipment.
3.
The form is to be printed in the national language of the capturing unit and in one of the NATO official languages.

4.
A specimen tag and description is at Appendix 1 to this annex. PREPARATION INSTRUCTIONS

5.
Each captive is to be tagged by the capturing unit as soon as possible.

6.
If a captive possesses equipment or documents, the capturing unit is to complete the bottom part of the tag (C) and affix it to the equipment or documents as soon as possible.

7.
The tag number is to be preceded by the printed national code (see STANAG 1059) -e.g. BE, CA, FR, etc… NOTE 1: Those nations which do not wish to use 3 part tags many have only a 2

part tag consisting of the top and bottom parts (marked A and c).
A

EXTRACT FROM STANAG
2084
HANDLING AND REPORTING OF CAPTURED ENEMY EQUIPMENT AND DOCUMENTS
3. Document. For the purpose of this agreement, "document" is defined as any recorded information regardless of its physical form or characteristics including, but not limited to, all:
a. Written material, whether handwritten, printed or typed.
I
b.
Painted, drawn or engraved material. I

c.
Sound or voice recordings.

d.
Imagery.

e.
Punched cards, punched paper tape, printed output and associated material.

f.
Reproductions of the foregoing, by whatever process.

PROCEDURES FOR HANDLING OF CAPTURED ENEEN DOCUMENTS (CED). Ceneral.
17.
CED are valuable sources of information and should be exploited for intelligence purposes with minimum of delay.

18.
CED associated with CEE (i.e. ATD marked TECHDOC) will be handled as described in part I. All other types of CED will be handled as described in this part. Such documents are to be divided into categories as follows:

a.
Category A. Documents containiq infonnation concerning subjects pf [sic] priority intelligence imterest [sic].

b.
Category B. Cryptographic documents, encrypted items and all other documents relating to enemy co~nmunications systems.

C.
Category C. Documents considered of less intelligence value.

d.
Category D. Documents containing no infor~wtion of intelligence value.

19.
In principle CED belong to the nation of the capturing unit, but in order to ensure that information of tactical intelligence interest is ef-ficiently utilized, such documents should be handled through command channels in the initial phases of the exploitation process. Final, thorough investiga- tion will be the responsibility of the capturing nation.

20.
CED associated with a PW, or copies thereof, should follow the PW dur- ing the PW interrogation process. Otherwise, the exploitation of CED should be carried out in accordance with the principles laid down for CEE in Part I, paras. 6 -10.

EXPLOITATION PROCESS
21. CED will be exploited through the following process but, whenever feasible, in order to expedite the handling, the processing stages may be combined.
a.
Preliminary screening and reporting of information of immediate tacti- cal value by capturing unit.

b.
Complementary examination, translation, categorization (see para 181, reporting, reproduction and dissemination by or for intelligence staffs.

c.
Detailed exploitation and further reporting, reproduction and dis-

semination by CDU or other special elements. MARKING OF CED
22. The capturing unit will tag or otherwise mark the CED as follows: National identifying letters as prescribed in STANAG 1059. Designation of capturing unit including service. Serial number of the CED. This will consist of a number allocated sequentially by the capturing unit.
Date-time of captur-
Place of capture (UTM co-ordinates).
Summary of circumstances~under which the CED was obtained.
Interrogation serial number of any associated PW, if appropriate or
known.

25. ~eproduction and dissemination of CED and translation as necessary will be carried out at the earliest ~ossible stage of the exploitation process. Copies of CED considered of interest or translations thereof and lists of exploited documents, whether disseminated or not, will be submitted
to appropriat-e NATO and national staffs.
HANDLING OF CATEGORY "8" DOCUMENTS
26.
Category B documents require special, restricted handling. National and NATO 110 should he kept informed of the seizure and disposition of such docnmcnts ss soon as possible. They are to be handed over to the most relevent [sic] Service without delay. Here they should be handled in close coordination with the co~n~nunications staff. HANDLING: OF SPECIAL DOCUMENTS

27.
Unmarked maps, charts, air imagery and other types of cartographic material and information should be forwarded to the nearest geographic staff, survey unit or topographical section for exploitation. Copies may be retained to meet operational needs.

28.
Marked maps, charts, and air imagery will be handled as ordinary types

of CED, but relevant geographic staffs, survey units and topographical sections are to be infonned of their existance, with scale, series, edition and other identification data.
29. Personal papers belonging to a PW will be returned to the PW after examination in accordance with the Geneva Convention. Copies oi s~ch papers may be made and forwarded if considered appropriate.
APPENDIX B
Sample Detainee Personnel Record
DETAINEE PERSONNEL RECORD
wywlm of Mtdl~l
31. REMARKS 37. PnOTO
PHOTO (Ront V1.u) PHOTO IRUht R0lD.l
3m. PREPARED BV llndividvol and unit1 30. SIGNATURE
40. DATE PREPARED 41. PLACE
DA FORM 4237-R, Aug 85 EDITION OF MAV 81 18 OMOLLTL
.-

PART II-TO BE MAINTAINED BY UNIT HAVINO CUSTODY
428. LAST NAME    b. FIRST NAMES
44.    MEDICAL RECORD
a. IMMUNIZATION (Vocclnallon# and lnnoculatioru wllh Date,)
b. MAJOR ILLNESSES AND PHYSICAL DEFECTS (Wlth Dole#)    c. BLOOD GROUP
46. INTERNMENT EMPLOYMENT OUALIFICATIONS
4(1. SERIOUS OFFENSES. PUNISHMENTS. AN0 ESCAPES (Wilh Dater)
47.    TRANSFERS
\v/
FROM fLoeetion) I TO (Locotion) DATE 1
I
48. REMARKS
4s.    RNATIONAL TRANSFER
a. CERTIFICATE OF CREDIT BALANCE ISSUE0 TO EPW (Amount in word,)    b. AMT IN FIGURES
I
C. LOCATION    d. DATE
1
W.    NTERNATIONAL TRANSFER
a.
CERTIFICATE OF CREDIT b. AMT IN FIGURES I

c.
LOCATION Id. DATE-

I
61. REPATRIATION
a.
REASON

b.
MODE c. DATE

62. FINANCIAL STATUS AT TIME OF REPATRIATION
a.
CERTIFICATE OF CREDIT BALANCE ISSUED TO EPW (Amount inwords) b. AM1 IN FIGURES

C.
LOCATION

REVERSE OF DA FORM 4237.R. AUG 86
APPENDIX C

Sample Enemy Prisoner of War Identity Card

..""I". "" .,…–
f Sktei Army. Thu cud mwt bs curied at dl timer by the EPW
x to whom it u iuucd.

APPENDIX D
Sample Enemy Prisoner of War Captive Tag
0

A
DATE OF CAPTURE
( I
NAME ( I
SERIAL NUMBER I I

RANK ( I
DATE OF BIRTH ( J
UNIT ( I

LOCATION OF CAPTURE (
CAPTURING UNIT I J
SPECIAL CIRCUMSTANCES OF CAPTURE
I )

WEAWNSIDOCUMENTS I I —
FORWARD TO UNlT
( I
DATE OF CAPTURE I 1
NAME 1 1

0
P
Search Thoroughly
( )
Tag Correctly
( 1
I Report lmmed~ately ( 1
Evacuate Raptdly
)
Segregate by Category
( 1
I Safeguard from DangertEscape ( 1
PW
b
B

SERIAL NUMBER ( I
RANK l 1-
DATE OF BIRTH I I
UNIT ( I
LOCATION OF CAPTURE ( I
CAPTURING UNIT ( 1 SPECIAL CIRCUMSTANCES OF CAPTURE
I I
WEAPONSJDOCUMENTS ( I
ATTACH TO ITEM
I J
DATE OF CAPTURE ( NAME ( J SERIAL NUMBER RANK ( I
DATE QF BIRTH I UNIT 1 1 LOCATION OF CAPTURE
C
I
I
I,
I

DESCRIPTION OF WEAPONSIDOCUMENTS
VUMENTAND, 0
FRONT
APPENDIX E

Sample JINTACCS SALUTE Report Format and Report

SALUTE REPORT FORMAT
TO: DTG:
FROM: REPORT NO:

1.
SIZE/WHO:

2.
ACTIVITY/WHAT:

3.
LOCATION/WHERE :

4.
UNIT/WHO:

5.
TIMEINHEN:

6.
EQUIPMENT/HOW :

7.
REMARKS

a.
SOURCE:

b.
MAP DATA:

SAMPLE JINTACCS SALUTE REPORT
I
(UNCLASSIFIED)
SALUTE REPOT TO: G2, V Corps DATE: 2309502 Aug 85 FM: Team 1, IPW Section REPORT NUMBER 08-0175
241st MI Bn, 23d Div (ARMD)
1.
(u) SIZE/WHO: Company-size tank unit.

2.
(u) ACTIVITY~WHAT: Reconnoiter and secure river crossing sites (number unknown).

3.
(U) LOCATION/WHERE: West bank of FULDA River, southwest of BEBRA (NB 5547). Exact location unknown to source.

4.
(u) UNIT/WHO: Amph Tank CoIRecon ~11156th MRD.

5.
(u) ~IME~WHEN: ~ission to be completed no later than 2323002 Aug 85.

6.
(u) EQUIPMENT/HOW: Using assigned weapons and equipment.

7.
(u) REMARKS:

a. (U) SOURCE: EPW assigned interrogation serial number US-AR-2235-1.
b . (u) MAP DATA: GERMANY, .1:50,000, EISENACH-HUNFELD, USACGSC 50-242.
(UNCLASSIFIED)
<
APPENDIX F
Sample Screening Report Format and Report
REPORT FORMAT
DEPARTMENT OF THE ARMY
SCREENING REPORT Report Number: ~ate/~ime: PART I. INFORMATION CONCERNING CAPTIVE
A. PREVIOUS SCPEENING/INTERROGATION REPORTS (unit/Report No.)
B. CAPTURE DATA
1.
Captive Tag Number:

2.
Capturing Unit:

3.
~ate/~ime Capture:

of
4.
Place of Capture:

5.
Documents Captured (~is~osition):

6.
Equipment Captured/ Disposition:

7.
Circumstances of Capture:

C. BIOGRAPHIC ' INFORMATION
1.
Full Name / Rank / Service Number:

2.
Date / Place of Birth:

3.
Sex / Marital Status / Religion:

4.
Full Unit Designation / Unit Code:

5.
Duty Position:

6.
Military Education / Experience:

7.
Civilian Education / Experience :

8.
Languages Spoken (proficiency) :

D. OBSERVATIONS
1.
Physical Condition of Captive:

2.
Uniform / Insignia (type and condition):

3.
Assessment of Attitude / Behavior:

4.
Assessment of Knowledgeability:

PART II. RECOMMENDATIONS
A. SCREENER'S RECOMMENDATIONS :
1.
Screener's / Interpreter's ~ame(s):

2.
Place of Screening:

3.
Screening Code:

4.
Remarks:

B. SENIOR INTERROGATOR'S RECOMMENDATIONS:
1.
Senior Inter,rogatort s Name:

2.
Interrogate (Y/N) :

3.
Remarks:

Sample Screening Report
7.
Civilian Education / Experience: 10 yrs compulsory

8.
Languages Spoken (~roficienc~) (N), Russian (FL)

: Ukrainian
D. OBSERVATIOE
1.
Physical Condition of Captive: Tired and wet.

2.
Uniform / Insignia (type and condition):

3.
Assessment of Attitude / ~ehavior: A little shaken but
cooperative

4.
Assessment of Knowledgeability: Probably will answer PIR /I5

PART I I. RECOMMENDATIONS
A. SCREENER'S RECOMMENDATIONS:
1.
~creener's/ lnterrreterls ~arne(s): SGT PFREZ

2.
Place of Screening:

3.
Screening Code: 2B

4.
Remarks: Source may respond to futility approach

B. SENIOR INTERROGATOR'S RECOMMENDATIONS:
1.
Senior Interrogator's Name: SSG RIVERA

2.
Interrogate (Y/N): Yes

3.
Remarks Assigned SSG Gonzalez

APPENDIX G

Sample Tactical Interrogation Report Format and Report

TACTICAL INTERROGATION
REPORT FORMAT

(CLASSIFICATION) WORKING PAPERS (DATE)
TACT IC AL
INTERROGATION REPORT

NAME    OF PRISONER: INTERROGATOR:
CATEGORY: A B C D    UNIT/FORMATION TO WHICH
INTERROGATOR ATTACHED:
INTG    SERIAL NO:. MAPS USED
DTG    OF INTG: LANGUAGE USED:
INTG REPORT NO: INTERPRETER: PART I -INTELLIGENCE POTENTIAL OF ENEMY PRISONER OF WAR
A.    PERSONAL PARTICULARS:
1.
Rank, full name, service number, and position:

2.
Date and place of birth:

3.
Nationality: Ethnic: Religion:

4.
Knowledge of languages and proficiency:

5.
Unit formation or organization:

6.
Date, time, place (grid references), capturing unit, and circumstances of capture:

B. CAREER:
1.
Premilitary:

2.
Military:

C. ASSESSMENT OF INTELLIGENCE VALUE: (CLASSIFICATION) WORKING PAPERS (DATE)
(CLASS IFICATION) WORKING PAPERS (DATE)
1.
Intelligence, experience, cooperation, reliability:

2.
Specialist knowledge:

3.
Discussion of approach technique:

D. DOCUMENTS CARRIED AT TIME OF CAPTURE:
1.
List of documents:

2.
Details of money and valuables:

E. EQUIPMENT OF INTELLIGENCE INTEREST CARRIED AT TIME OF CAPTURE:
1.
Personal equipment:

2.
Weapons:

NOTE: The aim of any interrogation is to obtain information whichwill con-tribute to the satisfaction of a canmander's intelligence requirements. Since these requirements will differ in scope at each level of command, when conducting PIR and IR interrogations nonapplicable paragraphs may be deleted. Part 1 must always be included according to STANAG 2033
PART I1 -INFORMATION OBTAINED
A. DO1 is unless otherwise indicated in the body of this report. .B. TEXT:
1. MISSIONS:
a. EPW: (and full unit designation)
(1)
Time of capture:

(2)
Future:

(3)
Past:

b.
Unit: (full unit designation)

(1)
Present:

(2)
Future:

(CLASSIFICATION) WORKING PAPERS (DATE)
(CLASSIFICATION) WORKING PAPERS (DATE)
(3)
Past:

c.
hit: (full unit designation):

(1)
Present:

(2)
Future:

(3)
Past:

2. COMPOSI'rTON (Level of knowledgeability) and (unidentified, full unit designation unknown if applicable):
a.
(tie-in to level of knowledgeability) had (~2, directly subordinate Attached–full unit designation, detached–full unit designation):

b.
(tie-in to level of knowledgeability) had (c2, directly subordinate Attached–full unit designation, detached–full unit designation) :

3. STRENGTH: (level of knowledgeahility):
a. Personnel: (tie-in to level of knowledgeability):
(1)
(Tie-in to level of knowledgeahility) had. ..(number x total personnel, number X officers/enlisted, duty positions, as appropriate, full unit designation of attachedldetached personnel :

(2)
(Tie-in to level of knowledgeability) had…(numher x total personnel, nurnher X off icerslenlisted ,duty positions, as appropriate, full unit designation of at tachedldetached personnel:

(NOTE: Duty Positions: Only obtained for headquarters elemnts, squads, sections, teams, and record duty positions of officers/senior enlisted member for platoons if there is no platoon headquarters).
h. Weapons and eqriipment (level of knowledgeahili ty) :
(1)
Individual weapons (tie-in to level of knowledgeahili ty):

(a)
Number x full military nomenclature, distribution):

(h)
Number x f'ull military nomenclature, distribution):

(2)
Crew-served weapons (tie-in to level of knowledgeahilitv):

(a)
Number x full military nomenclature, distribution):

(CLASSIFICATION) WORKING PAPERS (DATE)
(b)
Number x full military nomenclature, distribution):

(3)
Other weapons (tie-in to level of knowledgcability):

(a)
Number x full military nomenclature., distribution) :

(b)
Number x full military nomenclature, distribution).

(4)
Armored vehicles (tie-in to level of knowledgeability):

(a)
Number x full military nomenclature, armament, distribution of armored vehicles:

(b)
Number x full military nomenclature, armament, distribution of armored vehicle

(5)
Other Vehicles: (tie-in to level of knowledgeability):

(a)
number x full military nomenclature, distribution:

(b)
number x full military nomenclature, distribution:

(6)
Canmunications Equipment: (tie-in to level of knowledge-ability):

(a)
Number x full military nomenclature, distribution:

(b)
Number x full military nomenclature, distribution:

(7)
NBC equipment (tie-in to level of kn~wled~eability):

(a)
Individual: ((1)) Number x full military nomenclature, distribution: ((2)) Number x full military nomenclature, distribution:

(b)
Vehicular: ((1)) Number x full military nomenclature, distribution: ((2)) Number x full military nomenclature, distribution:

(8)
Specialized equipment: (tie-in to level of knowledgeability):

(a)
Number x full military nomenclature, distribution:

(b)
Number x full military nomenclature, distribution: (CLASSIFICATION) WORKING PAPERS (DATE)

(CLASSIFICATION) WORKING PAPERS (DATE)
4. DISPOSITIONS:
a.
Activity, full unit designation, located vicinity, 6-digit grid coordinate–physical description, security measures, date of informat'ion. (HIS):

b.
Activity, full unit designation, located vicinity, collocated activities, 6-digit grid coordinate -physical description, security measures, DOI. (HIS):

5. TACTICS (level of knowledgeability) :
a.
Offensive:

b.
Defensive:

c.
Special operations:

6. TRAINING (level of knowledgeability) :
a.
Individual:

b.
Unit:

c.
Special:

7.    COMBAT EFFECTIVENESS (level of knowledgeabili ty) :
a.    Losses (tie-in to level of knowledgeability) :
(1)
Personnel:

(2)
Equipment:

b.
Replacements and Reinforcements (tie-in to level of
knowledgeability) :

(1)
Personnel:

(2)
Equipment:

c.
Combat experience ( tie-in to level of knowledgeability) :

d.
Morale ( tie-in to level of knowledgeability) :

8. LOGISTICS (level of kn~wled~eability):
a. Weapons and ammunition (tie-in to level of knowledgeability):
(1) Weapons:
(CLASSIFICATION) WORKING PAPERS (DATE)

(CLASSIFICATION) WORKING PAPERS (DATE)
(2) Ammunition:
b. Vehicles and POL (tie-in to level of knowledgeability):
(1) Vehicles:
(2) POL:
c. Food and water: (tie-in to level of knowledgeability):
(1) Food:
(2) Water:
d. Cmmunications equipment (tie-in to level of knowledgeability):
e. Medical (tie-in to level of knowledgeability) :
(1) Individual equipment:
(2) Vehicular equipment:
(3) Personnel:
(4) Facilities:
(5) Evacuation procedures:
f. NBC equipment (tie-in to level of knowledgeability):
(1) Individual:
g. Specialized equipment (tie-in to level of knowledgeability):
9. ELECTRONIC TECHNICAL DATA (level of knowledgeability):
10. MISCELLANEOUS (level of knowledgeability):
a. Personalities (tie-in to level of knowledgeability) :
LAST NAME FIRST NAME MN/I RANK POS FUD
(tie-in to
tie-in)
(tie-in to
tie-in)
(CLASSIFICATION) WORKING PAPERS (DATE)

(CLASSIFLCATION) WORKING PAPERS (DATE)
b. Code names/numbers (tie-in to level of knowledgeabili ty) :
(1)
Code name:

(2)
Code number:

c.
Radio frequencies/call signs (tie-in to level of knowledgeability).

(1)
Radio frequency:

(2)
Call sign:

d.
Passwords (tie-in to level of knowledgeability):

e.
Obstacles (tie-in to level of knowledgeability):

(1)
Enemy:

(2)
NATO;

f.
PSYOP (tie-in to level of knowledgeability).

(1)
Enemy:

(2)
NATO:

(CLASS IFICATION) WORKING PAPERS (DATE)
–

SAMPLE TACTICAL
INTERROGATION
REPORT

TACTICAL INTERROGATION REPORT
( NAME OF PRISONER: SCHULTZ ( INTERROGATOR: SFC JONES
( ) CATEGORY: A (B) C D ( ) UNIT/FORMATION TO WHICH
INTERROGATOR ATTACHED:
Team 1, Interrogation

Sect ion, 241s t MI Bn, 23d Div (ARMD)
( INTG SERIAL NO: US-AR 2235-1 ( ) MAPS USED: Germany,
1 :50,000, EISENACH-HUNFELD,
USACGSC 50-242

( DTG OF INTG: 230930ZAug 85 ( ) LANGUAGE USED: Russian
( INTG REPORT NO: ( INTERPRETER: None

PART I -INTELLIGENCE POTENTIAL OF ENEMY PRISONER OF WAR (EPW)
A. ( ) PERSONAL PARTICULARS:
1.
( ) Rank, full name, service number, and position: JrSgt Georg SCHULTZ, 1634921, Squad Leader.

2.
( ) Date and place of birth: 12 Jun 62, KIEV, UkSSR, USSR.

3.
( ) Nationality: Soviet Ethnic: Germari Religion: none.

4.
( ') Knowledge of languages and proficiency: Russian (N), German

(FL).
5.
( ) Unit formation or organization: 1 MR Sqd (MRS), 2 MR Plt (MRP), 3 MR Co (MRC) 3 MR Bn (MRB), 44 MR Regt (MRR), 32 MR Div (MRD), (1~~~/2/3/3/44/32~~~).

6.
( Date, time, place (grid references), capturing unit, and circumstances of capture: 221800ZAug 85, NB655498, 1st ~lt/~/2/1/23

Div (ARMD), captured during a counterattack across the main road northwest of BAUHAUS (~~662495).
B ( CAREER:
1 ( ) Premi1ita.r~: 10 years civilian education, c ivil~an occupation: coal miner.
2. ( ) Military: 5 years military service, attended NCO school in July 1982.
(DOWN GRADING AND DECLASSIFICATION INSTRUCTIONS)
C. ( ASSESSMENT 01- INTELLIGENCE VALUE:
1.
( ) Intelligence, experience, cooperation, reliability: Source was
of average intelligence; experience is rated good; source was cooperative,
answering all questions; reliability is rated good as no discrepancies were
noted by use of repeat and control questions.

2.
( ) Special knowledge: None

3.
( ) Discussion of approach technique: Source cooperated on the direct approach.

D. ( DOCUMENTS CARRILD AT TIME OF CAPTURE:
1.
( ) List of documents: 1 x Enemy ID card (1634921) (returned to source).

2.
( ) Details of money and valuables: None

E. ( ) EQUIPMENT OF INTELLIGENCE INTEREST CARRIED AT TIME OF CAPTURE.
1.
( ) Personal equipment: 1 x ShM protective mask (returned to source).

2.
( ) Weapons: 1 x 7.62mm AKM, 3 x empty magazines (evacuated through supply channels)

PART I1 -INFORMATION OBTAINED
A. ( ) DO1 is 221800ZAug 85 unless otherwise indicated in the body of this report.
B. ( ) TEXT:
1. ( ) MISSIONS:
a. ( EPW:
(1)
( ) Time of capture: Taking part in the defense of Hill 456.

(2)
( ) Future: Continue to defend Hill 456.

(3)
( Past: Participate in the assault against NATO forces on Hill 456.

b.
( ) Unit: MRD).

(1)
( ) Present: Defend ill 456 w/antitank ~lt/3/44/32 MRD in support.

(2)
( ) Future: cbntinue to defend Hill 456 until ordered to rejoin 3 MRc/3/44/32MR~.

(3)
( ) Past: Assault and secure ill 456; set up perimeter defense.

c.
( ) Unit: (Arnph Tank Co, Recon Bn, 32 MILD).

(1)
( ) Present: Reconnoiter and secure river crossing sites (no. unk) on the west side of the Fulda River, SW of BEBRA (~~5547)

(2~~~/3/,3/44/32
NLT 232300ZAug 85. (HIS U/I Sqd Ldr, Amph Tank Co. DOI: 220900ZAug 85.)
(2)
( Future: Unk.

(3)
( ) Past: Unk.

2. ( ) COMPOSITION: (32 MRD and u/I MRL unit).
a.
( ) 32 EW) had 44 MRR and 1 x Recon Bn.

h.
( ) MRD had 3 x MRD, dsg 1, 2, and

4 ~~~132 3.
c.
( ) 3 MRR/44/32 MRD had 3 x MRC, dsg 1, 2, 3 and 1 x AT Plt.

d.
( ) 3 ~~C/3/44/32 had a Co tQ and 3 x MRP, dsg 1, 2, and 3.

PtRD
e. ( ) MRL) had 3 x EIRS, dsg 1, 2, and 3.
Ea ~~~/3/3/44/32
f.
( ) Recon Bn/32 PW had 1 x Amph Tank Co.

g.
( ) U/I MRL unit.

3. ( ) STKENGTH: (3 ~iRC/3/44/32 MRD).
a. ( ) Personnel: (3 HRC)
(1)
( ) 3 MRC had 103 x pers. (6 x OFF, 102 x EM) (HISPlt Sgc, 2 MR11/3 ERC, DOI: 201800ZAug 85).

(2)
( ) Co HQ/3 MRC had 9 x pers. (3 x Of f–CO, PO, TO 6 x EM–lSG, BPW driver, BblP gunner, 1 x PKM gunner, and 2 x riflemen).

(3)
( 2 MKP/~ bIRC had 33 x pers. (1 x Off–Plt Ldr, 32 x EM–Plt Sgt and 31 x Plt mbrs).

(4)
( ) 1 ~lRS/2/3/ MRC had 10 x pers. (Sqd Ldr, sniper, WG-7 gunner, 2 x PKM gunners, BlIP driver, BMP gunner, and 3 x riflemen).

b* ( Weapons and equipment: (3bEC).
(1)
( ) Individual weapons: (1 MRS/2/3 MRC).

(a) ( ) 1 x 9mm PM, carried by BMP driver.

(b)
( ) 1 x 7.b2mrn AKM, 1 x ea EM except BMP driver,
sniper, and PKM gunners.

(2)
( ) Crew-served weapons: MRC)

(IEIRS/~/~ .
(a)
( ) 2 x 7.62mm PKM, 1 x ea PKM gunner.

(b)
( ) 1 x 85mm RPG-7 ATGL, carried by RPG-7 gunner.

(3)
(.) Other weapons: (lMRs/2/3 MRC) Approx 50 x F-1 hand grenades, 5 x ea member, 1 MRS.

(4)
( ) Armored vehicles: (2~~~13 3 x BMP, ea armed with

MRC) 1 x 73mm smoothbore gun, 1 x 7.62mm PKT, and 1 x AT-3 launcher, 1 x ea MRS/~MRP.
(5)
( ) Other vehicles: Notie.

~MKP/~MRC)

(6)
( ) Ccmmunications equipment: 3 x R-123

(~MRP/~MRC) transceivers, 1 x ea BMP/~MRP.
(7)
( ) NBC equipment: (3MRC).

(a)
( ) Individual: Ea mbr had 1 x ShM protective mask, 1 x set U/I protective clothi.ng, and 1 individual decon kit.

(b)
( ) Vehicular: Ea vehicle had 1 x air filtration sys tem.

(8)
( Specialized equipment: Unk.

4. ( ) DISPOSITIONS:
a. ( ) CP, 3 MRc/3/44/32M~~ location vicinity NB660495, in the last house on light sllrface road at SW edge of BAUHAUS (~~6649).security measures and collocated units: UNK. (HIS Plt Sgt, 2~1~~/3/3/44/32 220800ZAug
MRD DOI: 85.)
b.
( ) U/I deployment of 6 x 122mm howitzers from NB651491 approx 500 meters N along a light surface road to 14B654494. Guns were pointing west. Security measures and collocated units: UNK. DOI: 220930ZAug85.

c.
,( ) U/I convoy of 10 x T-72 Tanks from NB659495 to NB654496,

traveling W along secondary road. Security measures and collocated units: UNK. DOI: 221600ZAu~ 85.
5. ( ) (2~1~~/3/3/4432hlR~)
TACTICS: Defensive tactics used by the 21iRP
at Hill 456 were based on the use of boiling oil and catapulting large stones
over the perimeter.
6.
( ) TRAINING: (3M~C/3/44/32MRll) Political training by the PO, 3MRC had since 1 Aug 85 involved increased emphasis on perfidy of the NATO Alliance and especially the FRG in planning an invasion of the GDR.

7.
( ) COMBAT EFFECTIVENESS: (3M.~C/3/44/32MRD).

a. ( ) Losses: (2bRS/2/3MRC).
(1)
( ) Personnel: 1 x KIA on 21 Aug 85, when the 2 MRS BMP was destroyed by an U/I US missile.

(2)
( Equipment: The 2 MRS BMP was completely destroyed by
the same U/I US missile on 21 Aug 85.

(1)
( ) Personnel: 1 x EM arrived as replacements for 2 MRS/2/3 MRC at 221430ZAug 85. The replacements arrived already formed in a MRS and appeared to be well-trained troops.

(2)
( ) Equipment: A new BlIP arrived at 221430ZAug 85.

c.
( ) Combat experience: None prior to current offensive.

d.
( ) Morale: (3MRC) Morale in the 3 1.IItC was excellent, due to
successes in the early stages of the offensive.

e.
( ) Additional information: None.

8. ( LOGISTICS: (~MRC/~/~~/~ZMRD).
a. ( ) Weapons and ammunition: (2MRP/3MRC).
(1)
( ) Weapons: All weapons are in good condition. Spare parts for all weapons were scored in the BFLP. No shortages of weapons.

(2)
( ) Ammunition: All ammunition in the 2 MRP was in good condition and in adequate supply.

b.
( ) Vehicles and POL: (3MKC).

(1)
( ) Vehicles: All BMPs were in good condition. Each BMP carries its own spare parts and tool kit.

(2)
( ) POL: POL resupply to the 3 MRC is delivered by truck of an U/I unit each evening at about 2000 hours. No shortages of POL.

c.
( Food and water (3MRC).

(1)
( ) Food: Since 17 Aug 85 all personnel have been eating canned rations. There were no shortages of food. Last resupply of food was at 2120uOZAug 85.

(2)
( ) Water: Water was available from water trucks of an U/I unit which arrived at the CP, 3MRC each evening at 2030 hours. No shortages of water.

d.
( ) Cmrnunicatioils equipment. (~MRP/~MRC) transceivers

All wdre in good working order.
e. ( ) Other: (3MRC).
(1)
( ) Medical: Each mbr had 1 x individual first aid kit.

(2)
( ) NBC: All individual and vehicular NBC gear was in excellent condition, since it had been inspected in early Aug 85.

9.
( ) ELECTRONIC TECHNICAL DATA: None.

10.
( ) NISCELLANEOUS: (3~~~/3/44/32M~~).

a. ( Personalities: (3MRC).
LAST NAME FIRST NAME MN/I RANK POSN F E HOFBAUEK FNU MNU CPt CO 3MRC
t
KAEMPERT PNU MNU SrSgt 1 SG 3MRC BECK Co slno s MNU JrLt PltLdr ~MRP/~MRL GUCIiENKO Franz MNU SrS,t PltLdr ~MRP/~MRC
b.
( i Code narne./code number: Unk.

c.
( ) Radio frequencies/call signs: ( MRC).

(1)
( ) Radio frequencies for 22 Aug 85 were as follows: Primary, 16.90 MHz; Alternate, 18.75 MHz. Frequencies are changed daily at 2400 hours by unit SOI.

(2)
( ) Call signs: (~MRP/~MRC) for 22 Aug 85

Call signs were as follows: ~MRs/~MRP,AFCS 25; ZMRS/PMRP, AFCS 22, ~MRs/ZMRP, AFCS 19. Call signs are changed at 2400 ho~rs daily by unit SOI.
d. ( ) Passwords: Challenge for 22 Aug 85 is DZIEN; countersign is
DOBRY. Both are changed daily at 2400 hours by unit SOP.
e. ( Obstacles: Unk.
f. ( ) PSYOP: Unk.

APPENDIX H
Approaches
DIRECT APPROACH
The direct approach is the questioning of a source without having to use any type of approach. The direct approach is often called no approach at all, but it is the most effective of all the approaches. Statistics tell us that in World War 11, it was 85 percent to 95 percent effective. In Vietnam, it was 90 percent to 95 percent effective. The direct approach works best on lower enlisted per- sonnel as they have little or no resistance training and have had minimal security training. Due to its effectiveness, the direct approach is always to be tried first. The direct approach usually achieves the maxi- mum cooperation in the minimum amount of time and enables the interrogator to quickly and completely exploit the source for the information he possesses. The advantages of this technique are its sim-plicity and the fact that it takes little time. For this reason, it is frequently used at the tactical echelons where time is limited.
INCENTIVE APPROACH
The incentive approach is a method of rewarding the source for his cooperation, but it must reinforce ~ositive behavior. This is done by satisfying the source's needs. Granting incentives to an uncooperative source leads him to believe that rewards can be gained whether he cooperates or not. Interrogators may not withhold a source's rights under the Geneva Conventions, but they can withhold a source's privileges. The granting of incentives must not infringe on the Geneva Conventions, but they can be things to which the source is already entitled to. This can be effective onlv if the
"
source is unaware of his rights or privileges.
Incentives must seem to be logical and possible. An interrogator must not promise anything that cannot be delivered. Interro- gators do not make promises, but usually infer them while still sidestepping guaran- tees. If an interrogator made a promise that he could not keep and he or another inter- rogator had to talk with the source again, the source would not have any trust and would most probably not cooperate. Instead of promising unequivocably that a source will receive a certain thing, such as political asylum, an interrogator will offer to do what he can to help achieve the source's desired goal; as long as the source cooperates.
The incentive approach can be broken down into the incentive short term (recej immediately) and incentive long term (received within a period of time). The determination rests on when the source expects to receive the incentive offered.
EMOTIONAL APPROACH
The emotional approach overrides the source's rationale for resisting by using and manipulating his emotions against him. The main emotions of any source at the time of capture might be either love or fear. Love or fear for one person may be ex- ploited or turned into hate for someone else. For example, the person who caused the source to be in the position in which he now finds himself. The source's fear can be built upon, or increased so as to override his rational side. If the situation demands it and the source's fear is so great that he cannot communicate with the interrogator, the interrogator may find that he has to decrease the source's fear in order to effec- tively collect information from him. There are two variations of the emotional approaches: Emotional love, emotional hate.
EMOTIONAL LOVE APPROACH
For the emotional love approach to be successful, the interrogator must focus on the anxiety felt by the source about the cir- cumstances in which he finds himself. The interrogator must direct the love the source feels toward the appropriate object: family, homeland, comrades, and so forth. If the interrogator can show the source what the source himself can do to alter or improve his situation, the approach has a chance of success. This approach usually involves some incentive; such as communication with the source's family, a quicker end to the war to save his comrades' lives, and so forth. A good interrogator will usually orchestrate some futility with an emotional love approach to hasten the source's reach- ing the breaking point. Sincerity and con- viction are extremely important in a suc- cessful attempt at an emotional love approach as the interrogator must show genuine concern for the source and for the object to which the interrogator is directing the source's emotion. If the interrogator ascertains that the source has great love for his unit and fellow soldiers, he can effec- tively exploit the situations by explaining to the source that his providing information may shorten the war or battle in progress, thus saving many of his comrades' lives. But, his. refusal to talk may cause their deaths. This places a burden on the source and may motivate him to seek relief through cooperation with the interrogator.
EMOTIONAL HATE APPROACH
The emotional hate approach focuses on any genuine hate, or possibly a desire for revenge, the source may feel. The interroga- tor must correctly pick up on exactly what it is that the source may hate so that the emo- tion can be exploited to override the source's rational side. The source may have negative feelings about his country's regime, his immediate superiors, officers in general, or his fellow soldiers. This approach is usually most effective on a member of racial or reli- gious minorities who has suffered discrimi- nation in both service and civilian life. If a source feels that he has been treated unfairly in his unit, the interrogator can point out that if the source cooperates and divulges the location of that unit, the unit can be destroyed, thus affording the source an opportunity for revenge. By using a con- spiratorial tone of voice, the interrogator can enhance the value of this technique. Phrases, such as "You owe them no loyalty for the way they have treated you," when used appropriately, can expedite the success of this techn:q ue.
1

One word of caution, do not immediately begin to berate a certain facet of the source's background or life until your assessment indicates that the source feels a negative emotion toward it. The emotional hate approach can be much more effectively used by drawing out the source's negative emotions with questions that elicit a thought-provoking response. For example, "Why do you think they allowed you to be captured?" or "Why do you think they left you to die?" Do not berate the source's forces or homeland unless you are certain of his negative emotions. Many sources may have great love for their country, but still may hate the regime in control. The emo- tional hate approach is most effective with the immature or timid source who may have no opportunity up to this point for revenge, or never had the courage to voice his feelings.
INCREASED FEAR UP
APPROACH

The increased fear up approach is most effective on the younger and more inexperi- enced source or on a source who appears nervous or frightened. It is also effective on a source who appears to be the silent, confi- dent type. Sources with something to hide, such as the commission of a war crime, or having surrendered while still having ammunition in his weapon, or breaking his military oath are particularly easy to break with this technique. There are two distinct variations of this approach: the fear up (harsh) and the fear up (mild).
FEAR UP (HARSH)
In the fear up (harsh) approach, the inter- rogator behaves in a heavy, overpowering manner with a loud and threatening voice. The interrogator may even feel the need to throw objects across the room to heighten the source's implanted feelings of fear. Great care must be taken when doing this so that any actions taken would not violate the Geneva Conventions. This technique is to convince the source that he does indeed have something to fear and that he has no option but to cooperate. A good interrogator will implant in the source's mind that the interrogator himself is not the object to be feared, but is a possible way out of the trap.
The fear can be directed toward reprisals by international tribunals, the government of the host country, or the source's own forces. Shouting can be very effective in this varia- tion of the fear up approach.
FEAR UP (MILD)
The fear up (mild) approach is better suited to the strong, confident type of inter- rogator as there is generally no need to raise the voice or resort to heavy-handed, table banging violence. It is a more correct form of blackmail when the circumstances indicate that the source does indeed have something to fear. It may be a result of coincidence; the soldier was ca.ught on the wrong side of the border before hostilities actually commenced (he was armed, he could be a terrorist), or a result of his actions (he surrendered contrary to his mili- tary oath and is now a traitor to his coun- try, and his own forces will take care of the disciplinary action). The fear up (mild) approach must be a credible distortion of the truth. A distortion that the source will believe. It usually involves some incentive; the interrogator can intimate that he might be willing to alter the circumstances of the source's capture, as long as the source coop- erates and answers the questions.
In most cases, shouting is not necessary. The actual fear is increased by helping the source to realize the unpleasant conse- quences that the facts may cause and then presenting an alternative, which of course can be effected by answering some simple questions. The fear up approach is dead- end, and a wise interrogator may want to keep it in reserve as a trump card. After working to increase the source's fear, it would be difficult to convince him that everything will be all right if the approach is not successful.
DECREASED FEAR DOWN
APPROACH

The decreased fear down approach is used primarily on a source who is already in a state of fear due to the horrible circum- stances of his capture, or on a source who is in fear for his life. This technique is really nothing more than calming the source and convincing him that he will be properly and humanely treated, or that for him the war is mercifully over and he need not go into combat again. When used with a soothing, calm tone of voice, this often creates rap- port and usually nothing else is needed to get the source to cooperate. While calming the source, it is a good idea to stay initially with nonpertinent conversation and to care- fully avoid the subject which has caused the source's fear. This works quickly in develop- ing rapport and communication as the source will readily respond to kindness.
When using this approach, it is important that the interrogator meets the source at the source's perspective level and not expect the source to come up to the interrogator's per- spective level. If a prisoner is so frightened that he has withdrawn into a shell or regressed back to a less threatening state of mind, the interrogator must break through to him. This may be effected by the interro- gator putting himself on the same physical level as the source and may require some physical contact. As the source relaxes somewhat and begins to respond to the interrogator's kindness, the interrogator can then begin asking pertinent questions.
This approach technique may backfire if allowed to go too far. After convincing the source that he has nothing to fear, he may cease to be afraid and may feel secure enough to resist the interrogator's pertinent questions. If this occurs, reverting to a harsher approach technique usually will rapidly bring the desired result to the interrogator.
PRIDE AND EGO APPROACH
The pride and ego approach concentrates on tricking the source into revealing perti- nent information by using flattery or abuse. It is effective with a source who has dis- played weaknesses or feelings of inferiority which can be effectively exploited by the interrogator. There are two techniques in this approach: the pride and ego up approach and the pride and ego down approach.
A problem with the pride and ego approach techniques is that since both variations rely on trickery, the source will eventually realize that he has been tricked and may refuse to cooperate further. If this occurs, the interrogator can easily move into a fear up approach and convince the source that the questions he has already answered have committed him, and it would be useless to resist further. The inter- rogator can mention that it will be reported to the source's forces that he has cooperated fully with the enemy, and he or his family may suffer possible retribution when this becomes known, and the source has much to fear if he is returned to his forces. This may even offer the interrogator the option to go into a love-of-family approach in that the source must protect his family by pre- venting his forces from learning of his duplicity or collaboration. Telling the source that you will not report the fact that the prisoner talked or that he was a severe discipline problem is an incentive that may enhance the effectiveness of the approach.
PRIDE AND EGO UP APPROACH
The pride and ego up approach is most effective on sources with little or no intelli- gence or on those who have been looked down upon for a long time. It is very effec- tive on low ranking enlisted personnel and junior grade officers as it allows the source to finally show someone that he does indeed have some "brains." The source is con- stantly flattered into providing certain information in order to gain credit. The interrogator must take care to use a flatter-ing somewhat-in-awe tone of voice and to speak highly of the source throughout the duration of this approach. This quickly engenders positive feelings on the source's part as he has probably been looking for this type of fecognition all his life. The interrogator may blow things out of propor- tion using items from the source's back- ground and making them seen noteworthy or important. As everyone is eager to hear themselves praised, the source will eventu- ally "rise to the occasion" and in an attempt to solicit more laundatory comments from the interrogator, reveal pertinent information.
Effective targets for a successful pride and ego up approach are usually the socially accepted reasons for flattery: appearance, good military bearing, and so forth. The interrogator should closely watch the source's demeanor for indications that the approach is getting through to him. Such indications include, but are not limited to, a raising of the head, a look of pride in the eyes, a swelling of the chest, or a stiffening of the back.
PRIDE AND EGO DOWN
APPROACH

The pride and ego down approach is based on the interrogator attacking the source's sense of personal worth. Any source who shows any real or imagined inferiority or weakness about himself, his loyalty to his organization, or his capture in embarrassing circumstances can be easily broken with this approach technique. The objective is for the interrogator to pounce on the source's sense of pride by attacking his loyalty, intelligence, abilities, leadership qualities, slovenly appearance, or any other perceived weakness. This will usually goad the source into becoming defensive, and he will try to convince the interrogator that he is wrong. In his attempt to redeem his pride, the source will usually involuntarily provide pertinent information in attempting to vindicate himself. The source who is susceptible to this approach is also prone to make excuses and give reasons why he did or did not do a certain thing, often shifting the blame to others. Possible targets for the pride and ego down approach are the source's loyalty, technical competence, leadership abilities, soldierly qualities, or appearance. If the interrogator uses a sarcastic, caustic tone of voice with appro- priate expressions of distaste or disgust, the source will readily believe him.
One word of caution, the pride and ego down approach is also a dead end in that, if it is unsuccessful, it is very difficult for the interrogator to recover and move to another approach and reestablish a different type of rapport without losing all credibility.
FUTILITY TECHNIQUE
APPROACH

The futility approach is used to make the source believe that it is useless to resist and to persuade him to cooperate with the interrogator. The futility approach is most effective when the interrogator can play on doubts that already exist in the source's mind. There are really many different variations of the futility approach. There is the futility of the personal situation "you are not finished here until you answer the questions," futility in that "everyone talks sooner or later," futility of the battlefield situation, and futility in the sense that if the source does not mind talking about history, why should he mind talking about his missions, they are also history.
If the source's unit had run out of supplies (ammunition, food, fuel, and so forth), it would be relatively easy to convince him that all of his forces are having the same logistical problems. A soldier who has been ambushed may have doubts as to how he was attacked so suddenly and the interrogator should be able to easily talk him into believing that the NATO forces knew where he was all the time.
The interrogator might describe the source's frightening recollections of seeing death on the battlefield as an everyday occurrence for his forces all up and down the lines. Factual or seemingly factual information must be presented by the interrogator in a persuasive, logical manner and in a matter-of-fact tone of voice.
Making the situation appear hopeless allows the source to rationalize his actions, especially if that action is cooperating with the interrogator. When employing this technique, the interrogator must not only be fortified with factual information, but he should also be aware of, and be able to exploit, the source's psychological, moral, and sociological weaknesses.
Another way of using the futility approach is to blow things out of propor- tion. If the source's unit was low on, or had exhausted, all food supplies, he can be easily led to believe that all of his forces had run out of food. If the source is hinging on cooperating, it may aid the interrogation effort if he is told that all the other source's have already cooperated. A source who may want to help save his comrades' lives may need to be convinced that the situation on the battlefield is hopeless, and that they all will die without his assistance. The futility approach is used to paint a black picture for the prisoner, but it is not effective in and of itself in gaining the source's cooperation. The futility approach must be orchestrated with other approach techniques.
"WE KNOW ALL" APPROACH
The "we know all" approach convinces the source that we already know every- thing. It is a very successful approach for sources who are naive, in a state of shock, or in a state of fear. The interrogator must organize all available data on the source including background information, knowl- edge about the source's immediate tactical situation, and all available OB information on the source's unit. Upon initial contact with the source, the interrogator asks ques- tions, pertinent and nonpertinent, from his specially prepared list. When the source hesitates, refuses to answer, provides an incomplete response, or an incorrect response, the interrogator himself supplies the detailed answer. Through the careful use of the limited number of known details, the interrogator must convince the source that all information is already known; therefore, his answers are of no conse- quence. It is by repeating this procedure that the interrogator convinces the source that resistance is useless as everything is already known. When the source begins to give accurate and complete information to the questions to which the interrogator has the answers, the interrogator begins inter- jecting questions for which he does not have the answers. After gaining the source's cooperation, the interrogator still tests the extent of that cooperation by peri-, odically using questions for which he has the answers. This is very necessary; if the interrogator does not challenge the source when he is lying, the source will then know that everything is not known, and that he has been tricked. He may then provide incorrect answers to the interrogator's questions.
There are some inherent problems with the use of the "we know all" approach. The interrogator is required to prepare everything in detail which is very time consuming. He must commit much of the information to memory as working from notes may show the limits of the information actually known.
"ESTABLISH YOUR IDENTITY" APPROACH
The "establish your identity" approach was very effective in Viet Nam with the Viet Cong, and it can be used at tactical echelons. The interrogator must be aware, however, that if used in conjunction with the file and dossier approach, it may exceed the tactical interrogator's preparation resources. In this technique, the inter- rogator insists that the source has been identified as an infamous criminal wanted by higher authorities on very serious charges, and he has finally been caught posing as someone else. In order to clear himself of these allegations, the source will usually have to supply detailed information on his unit to establish or substantiate his true identity. The interrogator should initially refuse to believe the source and insist that he is the criminal wanted by the ambiguous "higher authorities." This will force the source to give even more detailed information about his unit in order to convince the interrogator that he is indeed who he says he is. This approach works well when combined with the futility or "we know all" approach.
REPETITION APPROACH
Repetition is used to induce cooperation from a hostile source. In one variation of this technique the interrogator listens carefully to a source's answer to a question, and then repeats both the question and answer several times. He does this with each succeeding question until the source becomes so thoroughly bored with the procedure that he answers questions fully and candidly to satisfy the interrogator and to gain relief from the monotony of his method of questioning. The repetition technique must be used carefully, as it will generally not work when employed against introverted sources or those having great self-control. In fact, it may provide an opportunity for a source to regain his composure and delay the interrogation. In employing this technique, the use of more than one interrogator or a tape recorder has proven to be effective.
FILE AND DOSSIER
APPROACH

The file and dossier approach is when the interrogator prepares a dossier containing all available information obtained from records and documents concerning the source or his organization. Careful ar- rangement of the material within the file may give the illusion that it contains more data than what is actually there. The file may be padded with extra paper, if neces- sary. Index tabs with titles such as educa- tion, employment, criminal record, military service, and others are particularly effec- tive. The interrogator confronts the source with the dossiers at the beginning of the interrogation and explains to him that intelligence has provided a complete record of every significant happening in the source's life; therefore, it would be useless to resist interrogation. The interrogator may read a few selected bits of known data to further impress the source. If the technique is successful, the source will be impressed with the voluminous file, conclude that everything is known, and resign himself to complete cooperation during the interro- gation. The success of this technique is largely dependent on the naivete of the source, the volume of data on the subject, and the skill of the interrogator in convincing the source.
"MUTTAND JEFF" ("FRIEND AND FOE") APPROACH
The "Mutt and Jeff" ("friend and foe") approach involves a psychological ploy which takes advantage of the natural uncertainty and guilt which a source has as a result of being detained and questioned. Use of this technique necessitates the employment of two experienced interrogators who are convincing actors. Basically, the two interrogators will display opposing personalities and attitudes toward the source. For example, the first interrogator is very formal and displays an unsympathetic attitude toward the source. He might be strict and order the source to follow all military courtesies during questioning. The goal of the technique is to make the source feel cut off from his friends.
At the time the source acts hopeless and alone, the second interrogator appears (having received his cue by a hidden signal or by listening and observing out of view of the source), scolds the first interrogator for his harsh behavior, and orders him from the room. He then apologizes to soothe the source, perhaps offering him coffee and a cigarette. He explains that the actions of the first interrogator were largely the result of an inferior intellect and lack of human sensitivity. The inference is created that the second interrogator and the source have, in common, a high degree of intelligence and an awareness of human sensitivity above and beyond that of the first interrogator.
The source is normally inclined to have a feeling of gratitude toward the second interrogator, who continues to show a sympathetic attitude toward the source in an effort to increase the rapport and control the questioning which will follow. Should the source's cooperation begin to fade, the second interrogator can hint that since he is of high rank, having many other duties, he cannot afford to waste time on an uncooperative source. He may broadly infer that the first interrogator might return to continue his questioning. When used against the proper source, this trick will normally gain the source's complete cooperation.
RAPID FIRE APPROACH
The rapid fire approach involves a psychological ploy based upon the principles that everyone likes to be heard when he speaks, and it is confusing to be interrupted in midsentence with an un- related question. This technique may be used by an individual interrogator or simultaneously by two or more interro- gators in questioning the same source. In employing this technique the interrogator asks a series of questions in such a manner that the source does not have time to answer a question completely before the next question is asked. This tends to confuse the source, and he is apt to contradict himself, as he has little time to prepare his answers. The interrogator then confronts the source with the inconsis- tencies, causing further contradictions. In many instances, the source will begin to talk freely in an attempt to explain himself and deny the inconsistencies pointed out by the interrogator. In attempting to explain his answers, the source is likely to reveal more than he intends, thus creating additional leads for further interrogation.
The interrogator must have all his ques- tions prepared before approaching the source, because long pauses between ques- tions allow the source to complete his answers and render this approach ineffec- tive. Besides extensive preparation, this technique requires an experienced, compe- tent interrogator, who has comprehensive knowledge of ,his case, and fluency in the language of the source. This technique is most effective immediately after capture, because of the confused state of the source.
SILENCE APPROACH
The silence approach may be successful when employed against either the nervous or the confident-type source. When employ- ing this technique, the interrogator says nothing to the source, but looks him squarely in the eye, preferably with a slight smile on his face. It is important not to look away from the source, but force him to break eye contact first. The source will become nervous, begin to shift around in his chair, cross and recross his legs, and look away. He may ask questions, but the interrogator should not answer until he is ready to break the silence. The source may blurt out questions such as, "Come on now, what do you want with me?" When the interrogator is ready to break the silence, he may do so with some nonchalant question such as, "You planned this operation a long time, didn't you? Was it your idea?" The interrogator must be patient when employ- ing this technique. It may appear for a while that the technique is not succeeding, but it usually will when given a reasonable chance.
Appendix I
Appendix I – cont.
Appendix I – cont.
Appendix I – cont.
Appendix I – cont.
Appendix I – cont.
Appendix I – cont.
Appendix I – cont.
Appendix I – cont.
Appendix I – cont.
Appendix J
EXPLOITATION PROCESS
21. CED will be exploited through the following process but, whenever feasible, in order to expedite the handling, the processing stages may be combined.
a.
Preliminary screening and reporting of information of immediate tacti- cal value by capturing unit.

b.
Complementary examination, translation, categorization (see para 181, reporting, reproduction and dissemination by or for intelligence staffs.

c.
Detailed exploitation and further reporting, reproduction and dis-

25. Reproduction and dissemination of CED and translation as necessary will be carried out at the earliest possible stage of the exploitation process. Copies of CED considered of interest or translations thereof and lists of exploited documents, whether disseminated or not, will be submitted to appropriat-e NATO and national staffs.
APPENDIX B
Sample Detainee Personnel Record
DETAINEE PERSONNEL RECORD
wywlm of Mtdl~l
31. REMARKS 37. PnOTO
PHOTO (Ront V1.u) PHOTO IRUht R0lD.l
3m. PREPARED BV llndividvol and unit1 30. SIGNATURE
40. DATE PREPARED 41. PLACE
DA FORM 4237-R, Aug 85 EDITION OF MAV 81 18 OMOLLTL
.-

APPENDIX C
Sample Enemy Prisoner of War Identity Card
I
DATE ISSUE0
I I
EPW IDENTITY CARD
I For uaa of th~a form. uAR 190-8; 1
thm proponant aoancv la OC SPER.

LAST NAME
FIRST NAME IGRAOE SERVICE NUMBER 'POWER SERTEO
I 1
I
PLACE OF BIRTH
SIGNATURE OF BEARER
APPENDIX E

Sample JINTACCS SALUTE Report Format and Report

SALUTE REPORT FORMAT
TO: DTG:
FROM: REPORT NO:

1.
SIZE/WHO:

2.
ACTIVITY/WHAT:

3.
LOCATION/WHERE :

4.
UNIT/WHO:

5.
TIMEINHEN:

6.
EQUIPMENT/HOW :

7.
REMARKS

a.
SOURCE:

b.
MAP DATA:

APPENDIX F
Sample Screening Report Format and Report
REPORT FORMAT
DEPARTMENT OF THE ARMY
SCREENING REPORT
Report Number: ~ate/~ime:
PART I. INFORMATION CONCERNING CAPTIVE

A. PREVIOUS SCPEENING/INTERROGATION REPORTS (~nit/Report No.)
B. CAPTURE DATA
1.
Captive Tag Number:

2.
Capturing Unit:

3.
~ate/~ime Capture:

of
4.
Place of Capture:

5.
Documents Captured isp position):

6.
Equipment Captured/ Disposition:

I
I 7. Circumstances of Capture:
C. BIOGRAPHIC' INFORMATION
I
1 1. Full Name / Rank / Service Number: I
I
2. Date / Place of Birth: ~ 3. Sex / Marital Status / Religion: 4. Full Unit Designation / Unit Code:
~
1 5. Duty Position:
Sample Screening Report F-2
APPENDIX G

Sample Tactical Interrogation Report Format and Report

TACTICAL INTERROGATION
REPORT FORMAT

(CLASSIFICATION) WORKING PAPERS (DATE)
TACT IC AL
INTERROGATION REPORT

2.
Date and place of birth:

3.
Nationality: Ethnic: Religion:

4.
Knowledge of languages and proficiency:

5.
Unit formation or organization:

6.
Date, time, place (grid references), capturing unit, and circumstances of capture:

B. CAREER:
1.
Premilitary:

2.
Military:

C. ASSESSMENT OF INTELLIGENCE VALUE: (CLASSIFICATION) WORKING PAPERS (DATE)
(CLASSIFICATION) WORKING PAPERS (DATE)
(3)
Past:

c.
hit: (full unit designation):

(1)
Present:

(2)
Future:

(3)
Past:

b.
(tie-in to level of knowledgeability) had (c2, directly subordinate Attached–full unit designation, detached–full unit designation) :

(2)
(Tie-in to level of knowledgeability) had…(numher x total personnel, nurnher X off icerslenlisted ,duty positions, as appropriate, full unit designation of at tachedldetached personnel:

(a)
Number x full military nomenclature, distribution):

(h)
Number x f'ull military nomenclature, distribution):

(2)
Crew-served weapons (tie-in to level of knowledgeahilitv):

(a)
Number x full military nomenclature, distribution):

b.
Activity, full unit designation, located vicinity, collocated activities, 6-digit grid coordinate -physical description, security measures, DOI. (HIS):

5. TACTICS (level of knowledgeability) :
a.
Offensive:

b.
Defensive:

c.
Special operations:

6. TRAINING (level of knowledgeability) :
a.
Individual:

b.
Unit:

c.
Special:

7.    COMBAT EFFECTIVENESS (level of knowledgeabili ty) :
a.    Losses (tie-in to level of knowledgeability) :
(1)
Personnel:

(2)
Equipment:

b.
Replacements and Reinforcements (tie-in to level of
knowledgeability) :

(1)
Personnel:

(2)
Equipment:

c.
Combat experience ( tie-in to level of knowledgeability) :

d.
Morale ( tie-in to level of knowledgeability) :

8. LOGISTICS (level of kn~wled~eability):
a. Weapons and ammunition (tie-in to level of knowledgeability):
(1) Weapons:
(CLASSIFICATION) WORKING PAPERS (DATE)

(CLASSIFLCATION) WORKING PAPERS (DATE)
b. Code names/numbers (tie-in to level of knowledgeabili ty) :
(1)
Code name:

(2)
Code number:

c.
Radio frequencies/call signs (tie-in to level of knowledgeability).

(1)
Radio frequency:

(2)
Call sign:

d.
Passwords (tie-in to level of knowledgeability):

e.
Obstacles (tie-in to level of knowledgeability):

(1)
Enemy:

(2)
NATO;

f.
PSYOP (tie-in to level of knowledgeability).

(1)
Enemy:

(2)
NATO:

(CLASS IFICATION) WORKING PAPERS (DATE)
–

C. ( ASSESSMENT 01- INTELLIGENCE VALUE:
1.
( ) Intelligence, experience, cooperation, reliability: Source was
of average intelligence; experience is rated good; source was cooperative,
answering all questions; reliability is rated good as no discrepancies were
noted by use of repeat and control questions.

2.
( ) Special knowledge: None

3.
( ) Discussion of approach technique: Source cooperated on the direct approach.

D. ( DOCUMENTS CARRILD AT TIME OF CAPTURE:
1.
( ) List of documents: 1 x Enemy ID card (1634921) (returned to source).

2.
( ) Details of money and valuables: None

E. ( ) EQUIPMENT OF INTELLIGENCE INTEREST CARRIED AT TIME OF CAPTURE.
1.
( ) Personal equipment: 1 x ShM protective mask (returned to source).

2.
( ) Weapons: 1 x 7.62mm AKM, 3 x empty magazines (evacuated through supply channels)

(2)
( ) Future: Continue to defend Hill 456.

(3)
( Past: Participate in the assault against NATO forces on Hill 456.

b.
( ) Unit: MRD).

(2~~~/3/,3/44/32 b* ( Weapons and equipment: (3bEC).
(1)
( ) Individual weapons: (1 MRS/2/3 MRC).

(a) ( ) 1 x 9mm PM, carried by BMP driver.

(b)
( ) 1 x 7.b2mrn AKM, 1 x ea EM except BMP driver,
sniper, and PKM gunners.

(2)
( ) Crew-served weapons: MRC)

(IEIRS/~/~ .
(a)
( ) 2 x 7.62mm PKM, 1 x ea PKM gunner.

(b)
( ) 1 x 85mm RPG-7 ATGL, carried by RPG-7 gunner.

(3)
(.) Other weapons: (lMRs/2/3 MRC) Approx 50 x F-1 hand grenades, 5 x ea member, 1 MRS.

(4)
( ) Armored vehicles: (2~~~13 3 x BMP, ea armed with

MRC) 1 x 73mm smoothbore gun, 1 x 7.62mm PKT, and 1 x AT-3 launcher, 1 x ea MRS/~MRP.
(5)
( ) Other vehicles: Notie.

~MKP/~MRC)

(6)
( ) Ccmmunications equipment: 3 x R-123

(~MRP/~MRC) transceivers, 1 x ea BMP/~MRP.
(7)
( ) NBC equipment: (3MRC).

(a)
( ) Individual: Ea mbr had 1 x ShM protective mask, 1 x set U/I protective clothi.ng, and 1 individual decon kit.

(b)
( ) Vehicular: Ea vehicle had 1 x air filtration sys tem.

(8)
( Specialized equipment: Unk.

c.
,( ) U/I convoy of 10 x T-72 Tanks from NB659495 to NB654496,

traveling W along secondary road. Security measures and collocated units: UNK. DOI: 221600ZAu~ 85.
c. ( Food and water (3MRC).
(1)
( ) Food: Since 17 Aug 85 all personnel have been eating canned rations. There were no shortages of food. Last resupply of food was at 2120~0ZAug 85.

(2)
( ) Water: Water was available from water trucks of an U/I unit which arrived at the CP, 3MRC each evening at 2030 hours. No shortages of water.

d.
( (~MRP/~MRC) transceivers wdre

) Cunrnunicatioils equipment. All
in good working order.

e. ( Other: (~MRC).
(1)
( ) Medical: Each mbr had 1 x individual first aid kit.

(2)
( NBC: All individual and vehicular NBC gear was in excellent condition, since it had been inspected in early Aug 85.

9.
( ) ELECTRONIC TECHNICAL DATA: None.

10.
( ) NISCELLANEOUS: (3~~~/3/44/32~1~~).

a. ( Personalities: (~MRC). LAST NAME FIRST NAME HN/I RANK POSN F K HOFBAUEK FNU MNU C~ t CO 3MRC
t
KAEMPERT PNU MNU SrSgt 1 SG 3MRC BECK Co slno s MNU JrLt PltLdr ~MRP/~MRL GUCIiENKO Franz MNU SrS,t PltMr ~MRP/~MRC
b.
( 1 Code narne./code number: Unk.

c.
( ) Radio Erequencies/call signs: ( MRC).

(1)
( ) Radio frequencies for 22 Aug 85 were as follows: Primary, 16.90 MHz; Alternate, 18.75 MHz. Frequencies are changed daily at 2400 hours by unit SOI.

(2)
( ) Call signs: (~MRP/~MRC) for 22 Aug 85

Call signs were as follows: AFCS'~~; AFCS 22, AFCS 19.
~MRS/~MRP, ~MRS/~MRP, ~MRS/~MW, Call signs are changed at 2400 ho~rs daily by unit SOI.
APPENDIX H
Approaches
DIRECT APPROACH
The direct approach is the questioning of a source without having to use any type of approach. The direct approach is often called no approach at all, but it is the most effective of all the approaches. Statistics tell us that in World War 11, it was 85 percent to 95 percent effective. In Vietnam, it was 90 percent to 95 percent effective. The direct approach works best on lower enlisted per- sonnel as they have little or no resistance training and have had minimal security training. Due to its effectiveness, the direct approach is always to be tried first. The direct approach usually achieves the maxi- mum cooperation in the minimum amount of time and enables the interrogator to quickly and completely exploit the source for the information he possesses. The advantages of this technique are its sim-plicity and the fact that it takes little time. For this reason, it is frequently used at the tactical echelons where time is limited.
INCENTIVE APPROACH
The incentive approach is a method of rewarding the source for his cooperation, but it must reinforce ~ositive behavior. This is done by satisfying the source's needs. Granting incentives to an uncooperative source leads him to believe that rewards can be gained whether he cooperates or not. Interrogators may not withhold a source's rights under the Geneva Conventions, but they can withhold a source's privileges. The granting of incentives must not infringe on the Geneva Conventions, but they can be things to which the source is already entitled to. This can be effective onlv if the
"
source is unaware of his rights or privileges.
Incentives must seem to be logical and possible. An interrogator must not promise anything that cannot be delivered. Interro- gators do not make promises, but usually infer them while still sidestepping guaran- tees. If an interrogator made a promise that he could not keep and he or another inter- rogator had to talk with the source again, the source would not have any trust and would most probably not cooperate. Instead of promising unequivocably that a source will receive a certain thing, such as political asylum, an interrogator will offer to do what he can to help achieve the source's desired goal; as long as the source cooperates.
The incentive approach can be broken down into the incentive short term (recej immediately) and incentive long term (received within a period of time). The determination rests on when the source expects to receive the incentive offered.
EMOTIONAL APPROACH
The emotional approach overrides the source's rationale for resisting by using and manipulating his emotions against him. The main emotions of any source at the time of capture might be either love or fear. Love or fear for one person may be ex- ploited or turned into hate for someone else. For example, the person who caused the source to be in the position in which he now finds himself. The source's fear can be built upon, or increased so as to override his rational side. If the situation demands it and the source's fear is so great that he cannot communicate with the interrogator, the interrogator may find that he has to decrease the source's fear in order to effec- tively collect information from him. There are two variations of the emotional approaches: Emotional love, emotional hate.
EMOTIONAL LOVE APPROACH
For the emotional love approach to be successful, the interrogator must focus on the anxiety felt by the source about the cir- cumstances in which he finds himself. The interrogator must direct the love the source feels toward the appropriate object: family, homeland, comrades, and so forth. If the interrogator can show the source what the source himself can do to alter or improve his situation, the approach has a chance of The fear can be directed toward reprisals by international tribunals, the government of the host country, or the source's own forces. Shouting can be very effective in this varia- tion of the fear up approach.
FEAR UP (MILD)
The fear up (mild) approach is better suited to the strong, confident type of inter- rogator as there is generally no need to raise the voice or resort to heavy-handed, table banging violence. It is a more correct form of blackmail when the circumstances indicate that the source does indeed have something to fear. It may be a result of coincidence; the soldier was ca.ught on the wrong side of the border before hostilities actually commenced (he was armed, he could be a terrorist), or a result of his actions (he surrendered contrary to his mili- tary oath and is now a traitor to his coun- try, and his own forces will take care of the disciplinary action). The fear up (mild) approach must be a credible distortion of the truth. A distortion that the source will believe. It usually involves some incentive; the interrogator can intimate that he might be willing to alter the circumstances of the source's capture, as long as the source coop- erates and answers the questions.
In most cases, shouting is not necessary. The actual fear is increased by helping the source to realize the unpleasant conse- quences that the facts may cause and then presenting an alternative, which of course can be effected by answering some simple questions. The fear up approach is dead- end, and a wise interrogator may want to keep it in reserve as a trump card. After working to increase the source's fear, it would be difficult to convince him that everything will be all right if the approach is not successful.
DECREASED FEAR DOWN
APPROACH

The futility approach is used to make the source believe that it is useless to resist and to persuade him to cooperate with the interrogator. The futility approach is most effective when the interrogator can play on doubts that already exist in the source's mind. There are really many different variations of the futility approach. There is the futility of the personal situation "you are not finished here until you answer the questions," futility in that "everyone talks sooner or later," futility of the battlefield situation, and futility in the sense that if the source does not mind talking about history, why should he mind talking about his missions, they are also history.
If the source's unit had run out of supplies (ammunition, food, fuel, and so forth), it would be relatively easy to convince him that all of his forces are having the same logistical problems. A soldier who has been ambushed may have doubts as to how he was attacked so suddenly and the interrogator should be able to easily talk him into believing that the NATO forces knew where he was all the time.
The interrogator might describe the source's frightening recollections of seeing death on the battlefield as an everyday occurrence for his forces all up and down the lines. Factual or seemingly factual information must be presented by the interrogator in a persuasive, logical manner and in a matter-of-fact tone of voice.
Making the situation appear hopeless allows the source to rationalize his actions, especially if that action is cooperating with the interrogator. When employing this technique, the interrogator must not only be fortified with factual information, but he should also be aware of, and be able to exploit, the source's psychological, moral, and sociological weaknesses.
Another way of using the futility approach is to blow things out of propor- tion. If the source's unit was low on, or had exhausted, all food supplies, he can be easily led to believe that all of his forces had run out of food. If the source is hinging on cooperating, it may aid the interrogation effort if he is told that all the other source's have already cooperated. A source who may want to help save his comrades' lives may need to be convinced that the situation on the battlefield is hopeless, and that they all will die without his assistance. The futility approach is used to paint a black picture for the prisoner, but it is not effective in and of itself in gaining the source's cooperation. The futility approach must be orchestrated with other approach techniques.
"WE KNOW ALL" APPROACH
The "we know all" approach convinces the source that we already know every- thing. It is a very successful approach for sources who are naive, in a state of shock, or in a state of fear. The interrogator must organize all available data on the source including background information, knowl- edge about the source's immediate tactical situation, and all available OB information on the source's unit. Upon initial contact with the source, the interrogator asks ques- tions, pertinent and nonpertinent, from his specially prepared list. When the source hesitates, refuses to answer, provides an incomplete response, or an incorrect response, the interrogator himself supplies the detailed answer. Through the careful use of the limited number of known details, the interrogator must convince the source that all information is already known; therefore, his answers are of no conse- quence. It is by repeating this procedure that the interrogator convinces the source that resistance is useless as everything is already known. When the source begins to give accurate and complete information to the questions to which the interrogator has the answers, the interrogator begins inter- jecting questions for which he does not have the answers. After gaining the source's cooperation, the interrogator still tests the extent of that cooperation by peri-, odically using questions for which he has the answers. This is very necessary; if the interrogator does not challenge the source when he is lying, the source will then know that everything is not known, and that he has been tricked. He may then provide incorrect answers to the interrogator's questions.
"MUTTAND JEFF" ("FRIEND AND FOE") APPROACH
The "Mutt and Jeff" ("friend and foe") approach involves a psychological ploy which takes advantage of the natural uncertainty and guilt which a source has as a result of being detained and questioned. Use of this technique necessitates the employment of two experienced interrogators who are convincing actors. Basically, the two interrogators will display opposing personalities and attitudes toward the source. For example, the first interrogator is very formal and displays an unsympathetic attitude toward the source. He might be strict and order the source to follow all military courtesies during questioning. The goal of the technique is to make the source feel cut off from his friends.
At the time the source acts hopeless and alone, the second interrogator appears (having received his cue by a hidden signal or by listening and observing out of view of the source), scolds the first interrogator for his harsh behavior, and orders him from the room. He then apologizes to soothe the source, perhaps offering him coffee and a cigarette. He explains that the actions of the first interrogator were largely the result of an inferior intellect and lack of human sensitivity. The inference is created that the second interrogator and the source have, in common, a high degree of intelligence and an awareness of human sensitivity above and beyond that of the first interrogator.
The source is normally inclined to have a feeling of gratitude toward the second interrogator, who continues to show a sympathetic attitude toward the source in an effort to increase the rapport and control the questioning which will follow. Should the source's cooperation begin to fade, the second interrogator can hint that since he is of high rank, having many other duties, he cannot afford to waste time on an uncooperative source. He may broadly infer that the first interrogator might return to continue his questioning. When used against the proper source, this trick will normally gain the source's complete cooperation.
RAPID FIRE APPROACH
The rapid fire approach involves a psychological ploy based upon the principles that everyone likes to be heard when he speaks, and it is confusing to be interrupted in midsentence with an un- related question. This technique may be used by an individual interrogator or simultaneously by two or more interro- gators in questioning the same source. In employing this technique the interrogator asks a series of questions in such a manner that the source does not have time to answer a question completely before the next question is asked. This tends to confuse the source, and he is apt to contradict himself, as he has little time to prepare his answers. The interrogator then confronts the source with the inconsis- tencies, causing further contradictions. In many instances, the source will begin to talk freely in an attempt to explain himself and deny the inconsistencies pointed out by the interrogator. In attempting to explain his answers, the source is likely to reveal more than he intends, thus creating additional leads for further interrogation.
The interrogator must have all his ques- tions prepared before approaching the source, because long pauses between ques- tions allow the source to complete his answers and render this approach ineffec- tive. Besides extensive preparation, this technique requires an experienced, compe- tent interrogator, who has comprehensive knowledge of ,his case, and fluency in the language of the source. This technique is most effective immediately after capture, because of the confused state of the source.
SILENCE APPROACH
The silence approach may be successful when employed against either the nervous or the confident-type source. When employ- ing this technique, the interrogator says nothing to the source, but looks him squarely in the eye, preferably with a slight smile on his face. It is important not to look away from the source, but force him to break eye contact first. The source will become nervous, begin to shift around in his chair, cross and recross his legs, and
Interrogation Guides
Interrogation Guides – cont.
Interrogation Guides – cont.
Interrogation Guides – cont.
Interrogation Guides – cont.
1949 Geneva Conventions
1949 Geneva Conventions – cont.
1949 Geneva Conventions – cont.
1949 Geneva Conventions – cont.
1949 Geneva Conventions – cont.
H Prisoners of war who, owing to their physical or mental condition, are unable to state their identity, shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph.
H The questioning of prisoners of war shall be carried out in a language which they understand.
(GC, Art. 31)PROHIBITION OF COERCION
H No physical or moral coercion shall be exercised against protected persons, in particular to obtain inforrrstion from them or from third parties.
GLOSSARY

abn ACR AF AG AKM amph amt AOE approx armd at ATGL Aug
BEST MAPS
BICC
BMP
bn

C C3 C3CM C A C-E CED CEE CEWI CINCAFMED CI CIC CINCENT CINCHAN CINCNORTH CINCSOUTH CM&D CMEC CMO
co
COMMZ
CONUS
COSCOM
CP
CPR
CSS

Glossary-0 airborne
armored cavalry regiment
Air Force
Adjutant General
designation of a type of Soviet rifle
amphibious
amount
Army of Excellence
approximately
armored antitank antitank grenade launcher
August
B -biographic intelligence
E -economic intelligence S -sociological intelligence
T -transportation and telecommunications intelligence M -military geographic intelligence
A -armed forces intelligence P -political intelligence S -scientific and technical intelligence battlefield information control center
designation of a type of Soviet armored personnel carrier
battalion
command and control command, control, and communications command, control, communications countermeasures civil affairs Communication-Electronics captured enemy document captured enemy equipment combat electronic warfare and intelligence Commander in Chief, United States Air Forces, Mediterranean counterintelligence combined interrogation center Commander in Chief, Allied Forces, Central Europe Allied Commander in Chief Channel Commander in Chief, Allied Forces, Northern Europe Commander in Chief, Allied Forces, Southern Europe collection management and dissemination captured material exploitation center civil-military operations
company
communications zone
continental United States
corps support command
command post
common point of reference
combat service support

DCPR decon det DI AM DISCOM DISUM div DO1 DS
dsgDTG
E
ea EAC EM EPW
evac EW
FID fl FM FNU FRG FUD
G1 G2 G3 G4 G5 GDR GS
H/S HPT HQ
HUMINT
IAW ID ICPR
i.e. I&E IEW IMINT intel intg INTREP INTSUM destination common ~oint of reference decontamination detachment Defense Intelligence Agency Manual division support command daily intelligence summary division date of information direct support designated date-time group
east each echelons above corps enlisted man enemy prisoner of war evacuation electronic warfare
foreign internal defense fluent field manual first name unknown Federal Republic of Germany full unit designation
Assistant Chief of Staff, GI, Personnel Assistant Chief of Staff, G2, Intelligence Assistant Chief of Staff, G3, Operations Assistant Chief of Staff, G4, Logistics Assistant Chief of Staff, G5, Civil Affairs German Democratic Republic general support
hearsay high-payoff target headquarters human intelligence
in accordance with identification initial common point of reference that is interrogation and exploitation intelligence and electronic warfare imagery intelligence intelligence interrogation intelligence report intelligence summary IPB IPW IR
JIF Jr Lt JrSgt
KB KIA
ldr LIC
MARSTA mbr MHz MI MIT MN/I MOSC MR MRB MRC MRD MRP MRR MRS
N
NATO
NBC
no

OB
OCONUS
off
OPORD
OPSEC

PERINTREP pers PIR PKM PKT
~lt
PO intelligence preparation of the battlefield prisoner of war interrogation information requirements
Intelligence Directorate joint interrogation facilities junior lieutenant junior sergeant
knowledgeability briefs killed in action
leader low-intensity conflict
martial status member megahertz military intelligence mobile interrogation teams middle name/initial military occupational specialty code motorized rifle motorized rifle battalion motorized rifle company motorized rifle division motorized rifle platoon motorized rifle regiment motorized rifle squad
north/no
North Atlantic Treaty Organization
nuclear, biological, chemical
number

order of battle
outside continental United States
officer
operation order
operations security

periodic intelligence report personnel priority intelligence requirements designation of a type of Soviet weapon designation of a type of Soviet weapon
platoon
political officer
POC POL POS
PSYOP
REC recon regt RPG-7 RSTA
S S1 S2 S3 S4 S5 SACEUR SACLANT SAEDA
SALUTE SFC SIGINT SIR SITMAP SO1 SOP ssd
sqdrn SrSgt STANAG SUPINTREP svc SVD SW
TCAE TECHDOC TOC TOE
UCMJ UIC UkSSR
unk
us
USA USACGSC USSR
point of capture petroleum, oil, and lubricants position
psychological operations
radio electronic combat reconnaissance regiment designation of a type of Soviet antitank grenade launcher reconnaissance, surveillance, and target acquisition
south Adjutant (US Army) Intelligence Officer (US Army) Operations and Training Officer (US Army) Supply Officer (US Army) Civil Affairs Officer (US Army) Supreme Allied Commander Europe Supreme Allied Commander Atlantic Subversion and Espionage Directed Against US Army and Deliberate Security Violations size, activity, location, unit, time, and equipment sergeant first class signals intelligence specific information requirements situation map signal operating instructions standing operating procedure squad squadron senior sergeant standardization agreement supplemental intelligence report service designation of a type of Soviet rifle southwest
technical control and analysis element
technical document
tactical operations center
table of organization and equipment
Uniform Code of Military Justice unit identification code Ukrainian Soviet Socialist Republic unidentified unknown United States United States Army United States Army Command and General Staff College Union of Soviet Socialist Republic
UTM Universal Transverse Mercator (grid)
W west
WNA would not answer

REFERENCES
REQUIRED PUBLICATIONS
Required publications are sources that users must read in order to understand or to comply with this publication.
Army Regulations (ARs)
The Modern Army Recordkeeping System Army Prisoners of War, Civilian Internees, and Detained Persons Department of the Army Information Security Program
Field Manuals (FMs)
Enemy Prisoners of War, Civilian Internees, and Detained Persons Map Reading The Law of Land Warfare Intelligence and Electronic Warfare Operations Counterintelligence Counterintelligence Operations (U) The Soviet Army Troops Organization and Equipment Operations Low Intensity Conflict
Department of Army Pamphlets (DA Pams)
27-161-1 International Law Vol 1
Defense Intelligence Agency Manuals (DIAMs)
58-13 (S) ' Defense Human Resources Intelligence Collection Procedures (U)
Miscellaneous Publications
The Hague and Geneva Conventions Uniform Code of Military Justice
Department of Army Forms (DA Forms)
Prisoners Personal Property List-Personal Deposit Funds
COMMAND

Command publications cannot be obtained through Armywide resupply channels. Deter- mine availability by contacting the address shown. Field circulars expire three years from the date of publication unless sooner rescinded.
Field Circulars (FCs)
Medical Intelligence in the Airland Battle, 31 Mar 86. Academy of Health Sciences, US Army, Fort Houston, Texas 78234-1600 MI Bn/Co Interrogation and Exploitation (EAC), Oct 85 United States Army Intelligence Center and School, ATTN: ATSI-TD-PAL, Fort Huachuca, Arizona 85613-7000
PROJECTED PUBLICATIONS
Projected publications are sources of additional information that are scheduled for printing but are not yet available. Upon print, they will be distributed automatically via pinpoint dis- tribution. They may not be obtained from the USA AG Publications Center until indexed in DA Pamphlet 310-1.
Field Manuals (FMs)
34-5 (S) Human Intelligence Operations (U) 34-25 Corps Intelligence and Electronic Warfare Operations
RELATED PUBLICATIONS
Related publications are sources of additional information. They are not required in order to understand this publication.
Field Manuals (FMs)
Health Service Support in Theater of Operations Psychological Operations Brigade and Battalion Intelligence and Electronic Warfare Operations
air-land battle, 2-0, 2-5, 2-6

area of interest, 2-0
area of operations, 2-0
initiative, 2-0
doctrine, 2-0

analysis, 2-2

approach, 3-0, 3-3, 7-0

approaches, 3-4, 3-7, H-0
decreased fear down, H-2
direct, H-0
emotional, H-0
emotional hate, H-0
emotional love, H-0
"establish your identity", H-5
fear up (mild), H-2
fear up (harsh), H-1
file and dossier, H-5
futility technique, H-4
incentive, H-0
increased fear up, H-1
"Mutt and Jeff" ("friend and foe"), H-6
pride and ego, H-2
pride and ego down, H-3
pride and ego up, H-3
rapid fire, H-6
repetition, H-5
silence, H-6
"we know all", H-4
assess the source, 3-5
breaking point, 3-6
commander's information requirements,
3-6
commander's priority intelligence
requirements, 3-6
contact, 7-0
establish and develop rapport, 3-5
establish and maintain control, 3-4, 3-5
establish and maintain rapport, 3-4
Geneva and Hague Conventions, 3-5
initial contact, 7-0
interview, 7-0
manipulate the source's emotions and
weaknesses, 3-4
phase, 3-4
planning and preparation, 3-3
selecting, 3-3
sincere and convincing, 3-6
smooth transitions, 3-6
techniques, 3-4, 3-6
UCMJ, 3-5

INDEX
battlefield information control center,
6-4

contact, 6-4
DISUM, 6-4
intelligence dissemination, 6-4
INTREP, 6-4
INTSUM, 6-4
PERINTREP, 6-4
SUPINTREP, 6-4

captured enemy documents, 1-1, 1-2, 4-0,
4-1, 4-4, 4-6, 4-9, A-11

accountability, 4-1, 4-13
Air Force-related documents, 4-5
captured material exploitation center, 4-9
captured with a source, 4-11
categories, 4-4
category A, 4-4
category B, 4-4
category C, 4-5
category D, 4-5
communications and cryptographic
documents, 4-4
confiscation, 4-12
date-time group, 4-0
detainee personnel record
disposal, 4-1 1
electronic warfare, 4-9
evacuation, 4-1, 4-12
exploitation, 4-4, 8-0
handling, 4-0
impounded, 4-12
inventory, 4-2
log, 4-2, 4-3
maps and charts of enemy forces, 4-5
Navy-related documents, 4-5
recognition, 4-12
recording documents category, 4-5
returned, 4-12
SALUTE report, 4-4, 4-8
screening, 4-4
SIGINT, 4-9
STANAG 1059,4-0
STANAG 2084,4-0
tag, 4-1
technical control and analysis element,
4-4, 4-9
technical documents, 4-4, 4-5, 4-9
trace actions, 4-2
translation reports, 4-6, 4-8
translating, 4-5
transmittal documents, 4-9, 4-10

categories
document, 3-2, 4-4, A-11
source, 3-1, 3-2, 8-0, A-4, A-5, A-6
combined interrogation center, 8-0
STANAG 2033,8-0

collection management and
dissemination, 6-4

contact, 6-4
DISUM, 6-4
intelligence dissemination, 6-4
INTREP, 6-4
INTSUM, 6-4
PERINTREP, 6-4
SUPINTREP, 6-4

command, control, and
communications, 2-2, 2-3, 2-4, 2-6

countermeasures, 2-4

programs
counterintelligence, 2-2, 2-4

agents, 3-1
agent or friendly civilian, 9-9
air-land battle, 2-5
black list, 2-5
command, control, and communications
programs, 2-2, 3-4
deception, 2-2, 2-4, 2-5
element, 3-1
enemy agents, 2-5
gray list, 2-5
informant technique, 9-10
insurgent captive, 9-9
interrogation operations, 9-9
local leader, 9-9
operations security, 2-2, 2-4
priority intelligence requirements of
counterintelligence interest, 3-1
radio electronic combat, 2-5
rear operations, 2-2, 2-4, 2-5
reconnaissance, surveillance, and target
acquisition, 2-5
saboteurs, 2-5
screening techniques, 9-9
sympathizers, 2-5
special purpose forces, 2-5
terrorists, 2-5
white list, 2-5

echelons above corps, 1-2, 4-5

electronic warfare, 2-2, 2-6

capabilities and limitations, 2-6

combat effectiveness, 2-6

command, control, and communications,
2-6

compositions, 2-6
counterintelligence, 2-2
dispositions, 2-6
electronic technical data, 2-7
IR, 2-6
logistics, 2-7
miscellaneous data, 2-7
PSYOP, 2-7
missions, 2-6
OB elements, 2-7
PIR, 2-6
strength, 2-6
tactics, 2-6
training, 2-6

high-intensity conflict, P, 9-1

human intelligence, 2-7

cooperative and friendly, 1-2
hostile and antagonistic, 1-2
human sources, 1-1
neutral and nonpartisan, 1-2

information
all-source intelligence, 2-2
analyze information, 2-3
area of operations, 2-1
collection assets, 2-1
collection missions, 2-1
collection requirements, 2-1
combat, 2-2, 2-3
components of strategic debriefing, 7-1
armed forces intelligence, 7-1, 7-2
biographic intelligence, 7-1
economic intelligence, 7-1, 7-2
military geographical intelligence, 7-1,
7-2
political intelligence, 7-1, 7-2
scientific and technical intelligence, 7-1,
7-3
sociological intelligence, 7-1, 7-2
transportation and telecommunications
intelligence, 7-1, 7-2
direct targeting data, 2-2
electronic technical data, 2-7
imagery intelligence, 6-4
interrogation operations, 2-0
military intelligence, 2-0, 2-4
miscellaneous data, 2-7
PSYOP, 2-7
OB elements, 2-7
OB data base, 3-3
signals intelligence, 6-4

situation map, 3-3
strategic debriefing, 7-0
duties and responsibilities, 7-0
notification, 7-0
planning and preparation, 7-0
targeting data, 2-3
terrain features, 2-1
weather conditions, 2-1

information requirements, 2-3, 2-6, 3-0,
3-1, 3-4, 3-6, 3-8

intelligence and electronic warfare,
2-0, 2-2, 2-4, 2-7, 3-3

all-source intelligence, 2-2
CED, 2-7
collection, 2-2
combat information, 2-2
command, control, and communications
programs, 2-2
counterintelligence, 2-2
deception, 2-2
direct targeting data, 2-2
electronic warfare, 2-2
operations security, 2-2
processing, 2-2
rear operations, 2-2
reporting, 2-2
sources, 2-7
situation development, 2-2
target development, 2-2

intelligence annex, 5-0

deployment site, 5-0

intelligence preparation of the
battlefield, 2-0, 2-2

battlefield information control center, 6-4
collection management and
dissemination, 6-4
collection missions, 6-4
intelligence process, 2-1, 2-2
military intelligence, 2-0
weather and terrain, 2-2, 2-3

interpreter, 3-14, 3-15

interrogation, 3-14
methods, 3-14
preparation, 3-14
reports, 3-15

interrogation, 1-0, 3-0, 3-3, 6-0, 8-0

accuracy, 1-0
advisor operations, 9-5
agent or friendly civilian, 9-9
and the interrogator, 1-0

approach, 3-0
area cordon. 9-9
battlefield information control center, 6-4
CEDS. 4-0

, –
collection management and
dissemination, 6-4
collection mission, 6-4
collection priority, 6-0
command relations, 6-0
contacts, 6-4, 7-0
counterintelligence, 2-2, 2-4
defectors, 9-8
deployment site, 6-3
detainee personnel record, 3-0
EPW captive tag, 3-0
examine documents, 3-0
foreign internal defense, 9-1
illiterates, 9-10
information requirements, 3-0, 3-1, 6-4
informant technique, 9-10
initiative, 1-0
prisoner of war, 1-0
insurgent captive, 9-9
insurgent vulnerability to interrogation,
9-6
intelligence, 1-0
intelligence and electronic warfare, 2-0,
2-2 I
intelligence preparation of the battlefield,
2-0
joint interrogation facilities, 8-0
legal status of insurgents, 9-6
local leader, 9-9
low-intensity conflict, 9-1, 9-3
main and local forces, 9-8
military police, 3-0
militia, 9-8
mission, 8-0
national agency, 8-2
objective, 1-0
order of battle, 1-0, 2-3
interrogation, 1-0
interrogator, 1-0
OB elements, 2-7
observe the source, 3-0
operational environment
operations, 2-0, 9-1, 9-9
peacekeeping operations
peacetime contingency operations, 9-1
plan, 3-4
planning and preparation, 3-0,3-4
political cadre, 9-8
population, 9-6
prescreening, 3-0
priority intelligence requirements, 3-0, 3-1,
6-4

principles of, 1-0
process, 3-0
question guards, 3-0
questioning, 3-7
reports, 3-15
screeners, 3-0, 3-1
screening, 3-0, 9-9
security, 1-1
site, 3-14, 6-3
situation map, 3-3
source, 3-0
support relationships, 6-4
additional, 6-6
chaplain, 6-7
communications, 6-6
health service, 6-6
inspector general, 6-7
NBC protection, 6-6
staff judge advocate, 6-6
civil-military operations (G5 and S5),
6-6
intelligence (G2 and S2), 6-5
operations (G3 and S3), 6-5
personnel (GI and Sl), 6-4
supply (G4 and S4), 6-5
sympathizer, 9-8
termination, 3-12
terrorism counteraction, 9-1
with an interpreter, 3-14

interrogator, 1-0, 3-14

accessible information overtime, 6-2
adaptability, 1-3
advisor operations, 9-5
advisor qualifications, 9-4
advisor relationships, 9-4
alertness, 1-2
and the interrogation, 1-0
approach techniques, 1-4
capabilities and limitations, 2-6
combat effectiveness, 2-6
common characteristics of sources, 9-8
compositions, 2-6
counterintelligence, 2-4
counterpart relationship, 9-5
credibility, 1-3
dispositions, 2-6
enemy material and equipment, 1-5
entry-level training, 1-4
electronic technical data, 2-6
foreign language, 1-4
hot and cold leads, 3-9
information requirements, 2-6
intelligence assets, 2-0

intelligence and electronic warfare
operations, 2-2
international agreements, 1-5, 1-6
knowledgeability of sources, 9-8
law of land warfare, 1-5
logistics, 2-7
1o.ng-term memory, 6-1
map reading, 1-5
map tracking, 1-5, 3-10
miscellaneous data, 2-7
missions, 2-6
motivation, 1-2
neurolinguistics, 1-5
objectivity, 1-3
order of battle, 1-4
OB data base, 3-3
patience and tact, 1-3
perseverence, 1-3
personal appearance and demeanor, 1-3
personal qualities, 1-2
population, 9-6
priority intelligence requirements, 2-6
role, 2-0
security, 1-5
self-control, 1-3
short-term memory, 6-1
situation map, 5-3
SALUTE, 3-9
specialized skills and knowledge, 1-4
strength, 2-6
tactics, 2-6
target country, 1-4
tasking relationships, 6-3
The Hague and Geneva Conventions, 1-5
training, 2-6
writing and speaking skills, 1-4

joint interrogation facility (JIF),8-0, 8-2

CA units, 8-2
category A sources, 8-0
communications, 8-2
coordination, 8-2
debriefing, 8-2
division and corps interrogation and CI
elements, 8-2
EPW camp, 8-2
exploitation of documents, 8-0
formation, 8-0
Geneva Conventions, 8-2
HUMINT collection, 8-2
interrogation, 8-2
division and corps interrogation and CI
elements, 8-2
interrogation reports, 8-1
knowledgeability briefs, 8-1

mission, 8-0
mobile interrogation teams, 8-1
national agency, 8-2
operation, 8-1
organization, 8-0
PSYOP, 8-2
requirement, 8-0
responsibilities, 8-0
SALdUTE, 8-1
screening, 8-2

division and corps interrogation and CI
elements, 8-2
use, 8-1

low-intensity conflict, P, 1-6, 9-1

advisor and interrogator relationships,
9-4
advisor operations, 9-5
advisor qualifications, 9-4
area cordon, 9-9
cease fire supervision, 9-2
common characteristics of sources, 9-8
counterpart relationship, 9-5
defectors, 9-8
foreign internal defense, 9-1, 9-2
Geneva Conventions, 9-7
handling of insurgent captives and

suspects, 9-7
humane treatment, 9-7
illiterates, 9-10
informant technique, 9-10
insurgent captive, 9-9
insurgent methods of resistance, 9-7
insurgent vulnerability to interrogation,

9-6
interrogation operations, 9-9
interrogator skills and abilities, 9-4
interrogation support to, 9-3
knowledgeability of sources, 9-8
law and order maintenance, 9-2
limitations to US assistance, 9-4

local leader, 9-9
main and local forces, 9-8
militia, 9-8
peacekeeping operations, 9-1, 9-2
peacetime contingency operations, 9-1, 9-3
political cadre, 9-8
population, 9-6
screening techniques, 9-9
source, 9-6
sympathizer, 9-8
terminology, 9-1
terrorism counteraction, 9-1, 9-3

mid-intensity conflict, 9-1

modern Army recordkeeping system,
5-3

operations security, 2-2, 2-3, 2-4, 7-1

reconnaissance, surveillance, and target
acquisition, 2-5

order of battle, 1-0, 1-4,2-3, 2-7

data base, 3-2
elements, 2-7

planning and preparation, 3-0, 3-3, 3-4

documents captured with a source, 4-11
EPW captive tag, 3-0
evaluation of documents, 4-12
examine documents, 3-0
guards, 5-1
interpreter preparation phase, 3-14
interrogation, 3-14
observe the source, 3-0
preparation, 3-14
questioning guards, 3-0, 3-3, 3-4
SALUTE, 3-9, 4-4, 4-8, E-0

priority intelligence requirements, 2-3,
2-6,3-0, 3-1, 3-2, 3-3, 3-4, 3-8, 3-13

commander's, 3-6
of counterintelligence interest
supported commander's, 3-1

procedures
accountability, 4-1, 4-13
administrative tasks, 5-2
area cordon, 9-9
assign category, 3-1
captured document log, 4-2, 4-3
captured document tag, 4-1
captured enemy documents, 4-1, 4-9, A-11
captured material exploitation center, 4-9
categories of PW, A-4
chaplain, 3-7
collection mission update, 5-3
collection priority, 6-0
commander's information requirements,
3-0, 3-1
commander's priority intelligence
requirements, 3-0, 3-1
communications, 5-1
communications and cryptographic
documents, 4-4
confiscation of documents, 4-12
counterintelligence operations, P
date-time group, 4-0
detainee personnel record, 3-0
disposal of documents, 4-11

documents captured with a source, 4-11
document evacuation, 4-1, 4-8, 4-9, 4-12
document inventory 4-2
electronic warfare, P, 4-9
evaluation of documents, 4-12
examine documents, 3-0
guards, 5-1
high-intensity conflict, P
humane treatment, 9-7
impounded documents, 4-12
intelligence and electronic warfare
operations, 5-0
intelligence annex, 5-0
intelligence cycle, 7-3
interpreter, 3-15
interpreter preparation phase, 3-14
interrogating, 3-8, 3-15
interrogation guides, I-0,143
armored troops, 1-4
artillerymen, 1-4
drivers, 1-2
engineer troops, 1-6
guerrilla personnel, 1-8
liaison officers, 1-3
local civilians, 1-7
medical corpsmen, 1-6
members of machine-gun and motor
units, 1-7
messengers, 1-0
patrol leaders and patrol members, 1-2
political and propaganda personnel, 1-8
prisoner of war captive tag, D-1
prisoner of war identity card, C-0
reconnaissance troops, 1-7
radio and telephone operators, 1-1
riflemen, 1-0
squad and platoon leaders and
company commanders, 1-1
interrogation site, 3-14, 5-1
liaison, 7-1
low-intensity conflict, P
medic, 3-7
medical support, 5-1
methods of interpretation, 3-14
military police, 3-0
modern Army recordkeeping system, 5-3
movement, 5-1
neurolinguistics, 1-5
nuclear, biological, and chemical, P
planning and preparation, 3-3
prepare and move to deployment site,
3-14, 5-0, 5-1
priority, 4-8, 4-9
prisoners of war, 2-7
question guards, 3-0

question guide for NBC operations, 1-8
humane treatment, 5-4
insurgency, J-1
1949 Geneva Conventions, J-0
prisoners of war, 5-2
prohibition of coercion, 5-5
questioning of prisoners, 5-4
recognition of documents, 4-12
recordkeeping, 3-12
Red Cross, 3-7
returned documents, 4-12
S2, 5-0

S3, 5-0
SALUTE, 3-9, 4-4, 4-8, E-0
sample detainee personnel record, B-0
screeners, 3-0, 3-1, 4-5, 5-1
screening report format, F-1, F-2
senior interrogator, 5-2
signals intelligence, 4-9
source evacuation, 5-1
STANAG extracts, A-1
STANAG 1059, 4-0, A-2
STANAG 2033, 8-0, A-2
STANAG 2044, A-6
STANAG 2084, 4-0, A-10
tactical interrogation report, G-0, G-7
technical control and analysis element,
4-4, 4-9
technical documents, 4-4, 4-9
termination, 3-13
trace actions, 4-2
translation report, 4-8
transmittal documents, 4-9, 4-10

prockssing, 2-2

approach, 3-0
cycle, 5-2
EPW captive tag, 3-0
intelligence and electronic warfare, 2-7
intelligence process, 2-1, 2-2
interrogation, 3-0, 5-2
observe the source, 3-0
planning and preparation, 3-0
prescreening, 3-0
questioning, 3-0
reporting, 3-0
screeners, 3-0
screening, 3-0, 5-2
documents, 4-4
source, 9-9
termination, 3-0

prohibition against use of force, 1-1

international law, 1-1,1-5

law of land warfare, 1-5

legal status of insurgents, 9-6
question guide for NBC operations, 1-8
humane treatment, 5-4
insurgency, J-1
prisoners of war, 5-2
prohibition of coercion, 5-5
questioning of prisoners, 5-4
The Hague and Geneva Conventions, P,
1-5, 2-7, 3-5, 3-7, 8-2, 9-6, 9-7, J-1
Uniform Code of Military Justice, P, 2-7,
3-5

questioning, 3-0, 3-7, 7-0

collection mission, 6-4
collection priority, 6-0
guards, 3-3
hearsay information, 3-9
hot and cold leads, 3-9
information requirements, 3-9
interrogation, 5-1
interrogation guides, I-0,I-8
armored troops, 1-4
artillerymen, 1-4
drivers, 1-2
engineer troops, 1-6
guerrilla personnel, 1-8
liaison officers, 1-3
local civilians, 1-7
medical corpsmen, 1-6
members of machine-gun and motor
units, 1-7
messengers, 1-0
patrol leaders and patrol members, 1-2
political and propaganda personnel, 1-8
prisoner of war captive tag, D-1
prisoner of war identity card, C-0
reconnaissance troops, 1-7
radio and telephone operators, 1-1
riflemen, 1-0
squad and platoon leaders and
company commanders, 1-1
map reading, 1-5
map tracking, 1-5, 3-10
destination common point of reference,
3-10
exploit dispositions, 3-11
initial common point of reference, 3-10
point of capture, 3-10
segment and exploit the route
segments, 3-1 1
missions, 2-6
modify sequences of, 3-3
OB elements, 2-7
PIR, 2-6, 3-9
question guide for NBC operations, 1-8

questioning of prisoners, 5-4
questioning techniques, 3-7
compound and negative, 3-9
control, 3-8
direct, 3-7
f0110~-~p,

3-8
leading, 3-8
nonpertinent, 3-8
prepared, 3-8
repeated, 3-8
vague, 3-8
recognition of documents, 4-12
recording information, 3-12
SALUTE, 3-9, 4-4, 4-8
sequence, 3-9
strength, 2-6
tactics, 2-6
training, 2-6

reporting, 2-2, 3-0, 3-13, 7-0

DISUM, 6-4
documents captured with a source, 4-11
information requirements, 3-9, 3-13
intelligence annex, 5-0
intelligence dissemination, 6-4
INTREP. 6-4
INTSUM, 6-4
interrogation reports, 8-1
PERINTREP, 6-4
preparation of. 3-15
priority intelligence requirements, 3-9,
3-13
questioning, 3-0
record information. 3-1
recording documents category, 4-5
S2. 5-0
~3;

5-0
SALUTE report, 8-1, E-0, E-1
sample translation report, 4-8, 4-9, 4-10
screeners, 3-1
screening code, 3-1
screening report, 3-1, F-0, F-2
situation map, 5-3
SALUTE, 3-1, 4-6
SUPINTREP, 6-4
tactical interrogation report, G-0, G-7
translation, 4-6
transmittal documents, 4-9, 4-10
writing and speaking skills, 1-4

screening, 3-0, 4-4, 5-1, 5-2, 8-2, 9-9

assign category, 3-1
categories of PW, A-4
CEDS, 4-0
CEDs captured with a source, 4-11

code, 3-1
EPW captive tag, 3-0
evaluation of documents, 4-12
examine documents, 3-0
guards, 5-1
observe the source, 3-0
prescreening, 3-0
priority intelligence requirements of
counterintelligence interest, 3-1
question guards, 3-0, 3-3, 3-4
recognition of documents, 4-12
report, 3-1, F-0, F-1, F-2
SALUTE report, 3-9, 4-4, 4-8, E-0
screeners, 3-0, 3-1, 4-5, 5-1
sources, 2-7
techniques, 9-9

senior interrogator, 3-3,3-4
administrative tasks, 5-2
advice and assistance, 5-0
CED processing cycle, 5-2
collection mission update, 5-3
communications, 5-1
establish site, 5-1
interrogation, 5-1
screening, 5-1
evacuation, 5-1
guards, 5-1
intelligence annex, 5-0
interrogation operations, 5-0
interrogation process, 5-1
medical support, 5-1
movement, 5-1
planning and preparation, 3-3
prepare and move to deloyment site, 5-0,
5-1
recordkeeping, 5-3
reporting, 5-2
S2,5-0
S3, 5-0
screening, 5-2
situation map, 5-3

situation development, 2-2

terrain, 2-2
weather, 2-2

sources,P, 1-1, 1-4, 2-7, 3-0, 9-6, 9-8

accessible information overtime, 6-2
anent or friendlv civilian. 9-9

, –
captive tag, 3-0 "
captured enemy documents, 1-1, 4-1 1,4-12,
4-13
category A, 8-0
cooperative and friendly, 1-2

corps or echelons above corps, 1-2
defectors, 9-8
hostile and antagonistic, 1-2
human intelligence, 2-7
human sources, 1-1
illiterates, 9-10
imagery intelligence, 6-4
informant technique, 9-10
insurgent captive, 9-9
interrogation operations, 9-9
knowledgeability briefs, 8-1
local leader, 9-9
long-term memory, 6-1
main and local forces, 9-8
militia, 9-8
neutral and nonpartisan, 1-2
political cadre, 9-8
prisoner of war, 1-0, C-0, D-1
sample detainee personnel record, B-0
screening, 9-9
short-term memory, 6-1
signals intelligence, 6-4
sources of information, 1-1
sympathizer, 9-8

target development, 2-2

combat information, 2-3
combat operations, 2-4
command and control, 2-4
command, control, and communications,
2-3, 2-4
command, control, and communications
countermeasures, 2-4
counterintelligence, 2-4
high-payoff targets, 2-3. 2-4
high value targets, 2-2
information requirements, 2-2
intelligence officer, 2-3
operations security, 2-3, 2-4
order of battle, 2-3
priority intelligence requirements, 2-2, 2-3
radio electronic combat, 2-3
specific information requirements, 2-2,
2-3. 2-4
battalion, 2-3
brigade, 2-3
targeting data, 2-3
weather and terrain, 2-3

termination, 3-0, 3-12, 3-13, 3-15, 7-1

phase, 3-12
questioning, 3-0
returned documents. 4-12
source evacuation, 5-1

training, 1-4, 2-6

enemy material and equipment, 1-5
entry-level training, 1-4
foreign language, 1-4
international agreements, 1-5
interrogator, 6-7
language, 6-7, 7-1
map reading, 1-5

map tracking, 1-5
neurolinguistics, 1-5
order of battle, 1-4
scientific and technical enhancement, 7-1
security, 1-5
specialized skills and knowledge, 1-4
target country, 1-4

translating, 4-5, 4-6, 4-7

FM 34-52 8 MAY 1987
By Order of the Secretary of the Army:
JOHN A. WICKHAM, JR.
General, United States Army Chief of Staff
Official:
R. L. DILWORTH
Brigadier General, United States Army
The Adjutant General

DISTRIBUTION:
Active Army, USAR, andARNG:To be distributed in accordance with DA Form 12-11A, Require-ments for Intelligence Interrogation (Qty rqr block no. 278).
* U.S. GOVERWENT PRINTING OFFICE: 1987 726-041/41055

DA-PAM-27-17 09-16-1990

Department of the Army Pamphlet 27-17
Legal Services

Procedural Guide for Article 32(b) Investigating Officer
Headquarters Department of the Army Washington, DC 16 September 1990
DA PAM 27-17 Procedural Guide for Article 32(b) Investigating Officer

This revision contains new guidance in the areas of Government and defense requested delays (para 2-1), ex parte discussions between the investigatifg officer and witnesses (para 2-2f), and rights warnings to witnesses who are suspected of committing an offense (para 3-3).
Headquarters *Department of the Army Department of the Army
Pamphlet 27-17

Washington, DC 16 September 1990
Legal Services

Procedural Gulde for Article 32(b) Investigating Officer
This UPDATE printing publishes a revision of this publication. Because the publication has been extensively revised, the changed portions have not been highlighted.
By Order of the Secretary of the Army.
CARL E. VUONO
General, United States Army Chief of Staff
Official:
THOMAS F. SIKORA
Brigadier General, United States Anny The Adjutant General

Summary. This pamphlet is intended to provide information and reference material. While it may suggest workable solutions to legal problems, it does not purport to promulgate Department of the Army policy. Comments concerning laws, regulations, cases, or other matters represent the opinions of individual specialists in military justice. Laws, regulations, and decisions published prior to 1 January 1990 generally have been considered and included in this text.
Appllcablllty. This pamphlet applies during peacetime and mobilization to the Active Army, the Army National Guard in Federal service under title 10, United States Code, and the U.S. Army Reserve.
Interim changes. Interim changes to this pamphlet are not official unless they are authenticated by The Adjutant General. Users will destroy interim changes on their expiration dates unless sooner superseded or rescinded.
Suggested Improvements. The proponent of this pamphlet is Office of The Judge Advocate General. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to Tlie Judge Advocate General's School, Army, ATTN: JAGS-ADC, Charlottesville, VA 22903-1781.
Distribution. Distribution of this publication is made in accordance with the requirements on DA Form 12–09-E, block number 4063, intended for command levels B, C, D, and E for Active Army, Army National Guard, and U.S. Army Reserve.

Contents (Listed by paragraph number) Considering the evidence and making a
recommendation • 4-2
Chapter 1 Forwarding the report • 4-3
Introduction
Purpose • 1-1
General instructions • 1-2
Chapter 2
Preparing for the Investigation
General consideration • 2-1
Sequence of preparation • 2-2
Informing the accused of the investigation
and the right to counsel • 2-3
Consultation with counsel for the
accused • 2-4
Securing the attendance of witnesses • 2-S
Chapter 3
The Formal Investigation
General • 3-1
Procedures for opening session • 3-2
Procedures for taking testimony and
examining evidence • 3-3
Chapter 4
Completion of the Investigating
Officer's Report
Report preparation • 4-1

*Thia pamphlet supersedes DA Pam 27-17, 15 March 1985.

RESERVED
Chapter 1 Introduction
1-1. Purpose
This guide is published for use by officers who have been appointed as investigating officers under article 32(b) of the Uniform Code of Military Justice (UCMJ). This guide should be used in conjunction with the DD Form 457 (Investigating Officer's Report) and the applicable Rules for Courts-Martial (R.C.M.) in the Manual for Courts-Martial, United States, 1984 (hereafter referred to as MCM, 1984). The investigating officer's functions are: To make a thorough and impartial investigation into the truth of the allegations; to consider the correctness and the form of the charges; and to make recommendations as to the disposition of the charges in the interest of justice and discipline.

1-2. General Instructions
a. Duties ofinvestigating officer. Just as the assignment of an officer to be a court-martial member takes precedence over other military duties, your assignment as an article 32(b) investigating officer must take priority over other duties. As an officer detailed to conduct an important investigation, you will actually be performing a judicial function. In preparation for a complete examination of the case presented to you, your initial responsibility is to become thoroughly familiar with the contents of this guide,
R.C.M. 405. and article 32, UCMJ. Your two most important and
legally vital responsibilities are: To thoroughly investigate all charges and specifications alleged in the charge sheet(s); and, to complete this investigation impartially.
b.
Legal advice for investigating officer. Upon your initial appointment and throughout the investigation, you will have occasion to seek legal advice from the office of the judge advocate serving the command of the officer directing the investigation. It is imperative that this advice come from a judge advocate who has no direct interest in the outcome of the proceedings. Normally, such a judge advocate officer will be designated, in writing or otherwise, to assist you in your role as investigating officer. Although you will receive advice from the designated judge advocate, the conclusions to be drawn from the evidence in the case and the recommendations concerning the disposition of the case are matters solely within your judgment and are your responsibility. The law requires that you determine these matters without reliance upon the opinions or recommendations of any other person. You must scrupulously avoid inquiries of or discussions with judge advocate officers who might be perceived as lacking impartiality in the case (for example, defense counsel or the Government representative). Such discussions often give the appearance of partiality toward either side regardless of the motivation or real interest of the investigating officer. Restricting your preliminary discussion of the case to the designated legal advisor will ensure the integrity of your judicial role and will maintain the impartiality demanded by law.

c.
Legal representation for the accused. The accused may be represented during the investigation by a civilian lawyer of the accused's choice at no expense to the United States, by military counsel of the accused's selection (if reasonably available), or by military counsel certified under article 27(b) and detailed for that purpose by competent authority. Counsel representing the accused will be allowed to present evidence on behalf of the accused, cross-examine Government witnesses, argue for a disposition of the matter appropriate to the interests of the accused, and otherwise perform the normal functions of counsel. Whenever counsel is requested by the accused, the taking of evidence will be conducted in the presence of that counsel unless expressly excused by the accused. See paragraph 2-3 for a complete explanation of the accused's right to counsel.

d.
Legal counsel for the Government. Although not required by law, counsel may also be detailed to represent the Government. Such counsel is not the legal advisor of the investigating officer, but instead, represents a party to the investigation. Accordingly, you may not seek legal advice from counsel representing the Government. Counsel for the Government may present evidence,

cross-examine witnesses, and argue for a disposition of the matter appropriate to the interest of the Government. You should recognize that arguments made by counsel for either side are not evidence and should carry no additional weight merely because of the side making the argument.
e. Advice concerning substantive matters. You should inform counsel for the accused and counsel for the Government, if detailed, of all matters discussed with your legal advisor in your initial briefing. If you later seek additional advice from your legal advisor, you must give prior notice to counsel for the accused and to counsel for the Government, if any, and you must provide these parties with an opportunity to respond to the advice you received. If practical, you may give counsel for both sides advance notice of your intent to seek legal advice and may allow them an opportunity to be present; however, this is not required. As a general rule, you should keep a record of the dates of consultation with your legal advisor, the matters discussed, when parties were notified of such discussions, whether counsel for the parties were present at such discussions, and any response by counsel to your legal advisor's advice.
Chapter 2
Preparing for the Investigation

2-1. General considerations
a.
The case file will normally include five copies of the charge sheet; civilian or military police reports; statements of witnesses or summaries thereof; documentary evidence, such as extract copies of Standard Installation/Division Personnel System (SIDPERS) documents in cases involving unauthorized absence; and the record of previous convictions, if any. If these documents are not in the file, you should request them immediately from the appropriate agencies. The file may also include a letter of instruction from the officer who appointed you and directions to report to the office of the local judge advocate for a briefing by the judge advocate legal advisor designated to assist you.

b.
The article 32 investigation is a judicial proceeding and plays a necessary role in military due process of law. The investigation is subject to subsequent review at the trial, if there is a trial, and on appeal. The ultimate outcome of the case may well depend upon whether you properly perform your duties in making certain that the accused is fully informed of and afforded all applicable rights in connection with the investigation.

c.
It is important to conduct the investigation expeditiously. Usually, the officer appointing the investigating officer will set a date for completion of the report. If you cannot comply with that date, promptly report this fact in writing to the authority who directed the investigation and explain the cause of the delay in detail. Such delay on your part could result in a gross injustice to the accused and in dismissal of the charges. On the other hand, you must take the time necessary for a thorough investigation.

d.
Requests for delay by the accused/defense must be in writing and must be attached to the report of investigation. The Government should be allowed an opportunity to respond to the defense requested delay. You should ensure that there are no ambiguities in the request. Additionally, you should ensure that the accused and defense counsel understand that their requested delay will not be attributable to the Government. Any reasonable request for delay by the accused should be granted.

e.
The Government representative may ask you to approve a delay in the investigation. The Government representative will also normally ask that you exclude the period of delay from Government speedy-trial accountability. You should require the Government representative to put the request for delay and reasons for the request in writing. When these requests are made, you should review R.C.M. 707 and consult with your legal advisor. Before ruling on the Government's request, you should hold a hearing at which the defense counsel and the Government representative can present evidence and argument on the request. The

Government must always establish that its request is for a "reasonable" period of delay. Ifyou grant the delay, the defense cou~sel may ask the military judge to review your decision. For this reason, you must be sure that you gather sufficient evidence to support your decision and that you clearly explain your reasons for granting the delay. You may deny the Government's request or approve a shorter period of delay than that requested. In short, you must hear evidence and arguments from both sides, approve only reasonable delays, have an evidentiary basis for granting the delay, explain your reason(s) for the decision, and include this information in your report.
f. You should complete a chronology sheet documenting the dates of all your actions in conducting the investigation and the reasons for any delays in the investigation. You should attach this chronology sheet to your report. See R.C.M. 4050)(2)(F).

2-2. Sequence of preparation
After receipt of the case file, you should read article 32, UCMJ,
R.C.M.
405, and this guide, then study the file and take action in the sequence indicated below.

a.
Consult with the judge advocate legal advisor. You should report to the designated legal advisor for an initial briefing on your duties. You may consult with this judge advocate officer as often as necessary during the course of your investigation for advice and assistance. Keep in mind that although you may feel that the judge advocate designated as trial counsel to represent the Government is more familiar with the case than the legal advisor, your impartial role requires avoiding any discussions with legal personnel performing adversarial roles in the case. As explained in paragraph 1-2b, you should inform counsel for the accused and counsel for the Government of all substantive matters discussed with the legal advisor, give them advance notice of such discussions when practicable, and keep a record of all such discussions.

b. Examine the file.
(1)
You should examine the charge sheet and all accompanying papers.

(2)
Additionally, you should ascertain whether the charges were sworn before a commissioned officer who is authorized to administer oaths. See article 136, UCMJ; R.C.M. 307. If they were not, confer with the accuser to determine whether he or she desires to swear to the charges. You should not, however, administer the oath for this purpose. If the accuser does not want to swear to the charges, or ifit is impracticable to do so without unnecessary delay, you should consult with the officer who appointed you for guidance in the matter and should proceed with the investigation only ifdirected.

c.
Determine whether there is any reason you cannot conduct a fair and impartial investigation. If there is any reason you cannot conduct a fair and impartial investigation, you should promptly notify the officer who appointed you of this fact. Prior knowledge about the case should not disqualify you from acting as the investigating officer, provided you have not drawn conclusions about the guilt or innocence of the accused and have not assisted in perfecting a case against the accused.

d. Determine the applicable law.
(1)
You should be familiar with the elements (essential facts) of the offense(s) charged. You should read the discussion of the offense or offenses in MCM, 1984, Part IV. Ifthe offense is charged as a violation of article 134, UCMJ, and no discussion of the spe

cific elements appears in the MCM, 1984, or DA Pam 27-9, consult your legal advisor regarding the elements.

(2)
You should ensure that each specification actually alleges an offense (see R.C.M. 307(c)) and that each offense is charged as a violation of the proper article of the UCMJ. Ifyou conclude that the wording of a specification departs so materially from an applicable form specification (.see MCM, 1984, Part IV) that no offense is alleged or the specification is ambiguous, you should return the file to the officer who appointed you, stating your reasons for returning it.

(3)
Ifthe accused is charged with failure to obey a regulation or written order and a copy of the directive is not in the file, you

should obtain copies of the directive for the report and familiarize yourself with its provisions.
e. Determine what evidence to examine. You must determine what evidence, including documents or physical objects, should be examined and whether such evidence is reasonably available for production at the formal investigation. See R.C.M. 405(g). You may, in some circumstances, decide to consider alternatives to examining the actual physical evidence, for example, testimony describing it or photographs depicting it. See R.C.M. 405(g)(5). You should review R.C.M. 405(g), particularly subsections (1), (2), and (5), to determine when evidence is reasonably available and when alternatives to the original evidence may be considered. Ifthere are copies of documents in the file which you decide to consider because the originals are not reasonably available, you should ensure that those copies are properly authenticated. See
R.C.M.
405(g). You should assign identifying numbers to all documentary evidence and any physical objects so that they can be accurately referred to when you complete DD Form 457. (See chap 4.) Iffamiliarity with the scene of the alleged offense would assist you in gaining a more accurate picture of the case, you may visit the scene. Ifyou do visit the scene, you should inform all parties in advance when practicable and give them an opportunity to accompany you; otherwise, inform them afterward that you have visited the scene.

f.
Determine what witnesses to call. Your review of the file should disclose the names of prospective witnesses. Once you decide which witnesses to call in your formal investigation, you must determine whether each witness is reasonably available. That determination requires you to balance the significance of the expected testimony and personal appearance of the witness against the difficulty, expense, delay, and effect on military operations of obtaining the witness's presence at the investigation. See R.C.M. 405(g)(l). You may communicate by telephone or otherwise with prospective witnesses to determine their availability. You should not discuss the facts of the case with prospective witnesses at this time. The law regards you as a judicial officer. You should hear the testimony of each witness only during the formal proceeding when the accused and counsel have an opportunity to hear the same testimony and cross-examine the witnesses. During your initial contact with witnesses, you may discuss procedural matters such as travel cost, lodging, and expected length of time the witness will be needed. Regarding military witnesses, if you determine that a witness is reasonably available, the witness's immediate commander may make a contrary determination and decline to make the witness available. See R.C.M. 405(g)(2). If this occurs, you should obtain the commander's reasons for the determination of nonavailability and include this information in your report. You should review R.C.M. 405(g), particularly subsections (1) through (4), before deciding what witnesses to call and when alternatives to live testimony by witnesses may be considered.

g.
A"anging for place for investigation. You should contact the officer who appointed you to reserve a place for conducting the investigation and to request available clerical assistance.

h 2-3. Informing the accused of the Investigation and t e right to counsel
You should arrange (through the accused's commanding officer, if the accused is not in pretrial confinement, or the confinement of-fleer, ifthe accused is in pretrial confinement) to meet with the accused for the purpose of providing preliminary advice and information concerning the investigation. See figure 2-1. The accused may also be notified of the investigation and the right to counsel in writing. If the accused is already represented by counsel, the written notice, if any, should be sent to the counsel. Otherwise, you should personally deliver the notice to the accused, read its contents, explain it, and answer any questions. If the accused can reach a decision concerning representation by counsel at that time, or if the accused desires to request spec~c wi~nesses for the investigation, his or her answer should be obtamed m the form of an endorsement. Samples of notification and endorsement are contained in figures 2-2 and 2-3. At this first meeting with the accused, you should introduce yourself, explain that you have been detailed as investigating officer, and explain the purposes of the investigation. (See figure 2-1.) You must prohibit any attempt by the accused to discuss the facts of the case with you at this time.

2-4. Consultation with counsel for the accused
a. General. If the accused requests representation by counsel, the request must be promptly reported to the officer who ordered the investigation. You should request that officer to notify you as soon as possible as to the identity and address or military organization of counsel who is to represent the accused. When you receive this information, contact the accused's counsel for the purpose of delivering a complete copy of the file. At this time, advise counsel of the proposed date, time, and place of the investigation and allow counsel reasonable time for preparation of the case. If counsel requests additional time for preparation, the request must be in writing and directed to you. You should grant reasonable requests for delay. See paragraph 2-1. Once the accused requests counsel, you should have no further contact with the accused outside the presence of defense counsel.
b. Availability of witnesses for the accused.

(1)
You must carefully consider defense requests for production of essential witnesses to testify at the pretrial investigation. The typical issue for your decision is the "availability" or "unavailability" of a witness who is not located at the site of the hearing. Typically, the defense wishes to call the requested witness to support its own defense, but often the defense wants to cross-examine a potential prosecution witness who is not expected to appear for the hearing. Any witness whose testimony is relevant to the investigation and not cumulative should normally be produced if reasonably available. As explained in paragraph 2-2/, your determination of reasonable availability requires you to balance the significance of a witness's expected testimony against other factors, including the difficulty of obtaining the witness's presence and the effect on military operations. Ifthe defense counsel has no objection, you may consider various alternatives to live testimony by available witnesses, such as sworn statements. See R.C.M. 405(g)(4)(A). If a witness is not reasonably available, you may consider, over defense objection, various alternatives to testimony, such as sworn written statements, statements under oath taken by telephone (provided each party has an opportunity to question the witness), or depositions. See R.C.M. 405(g)(4)(B). If the defense objects to a determination that a witness is not reasonably available, you must include the reasons for your determination in the report of investigation. See R.C.M. 405(g)(2)(D).

(2)
You should secure from defense counsel a list of any witnesses the accused wants called sufficiently in advance of the formal investigation to allow time for securing their attendance. This will help ensure an orderly and expeditious procedure in the opening session. If the accused desires to have witnesses called or to have certain documents or records obtained, you should arrange, if possible, to have the witnesses present and the documents or records produced at this first session. If this is not possible, then arrangements should be made for their appearance and production at the time and place set for the next session of the investigation.

(3)
In the event you are unable to arrange for the attendance of civilian witnesses or the production of certain documents requested by the accused by the date originally planned, you should set a date for a future hearing to permit the attendance of the witnesses and the production of the documents. You need not delay proceeding with the initial session of the investigation until you have arranged for the production of all the witnesses or evidence requested by the accused. Sound discretion on your part is essential. For example, if all witnesses requested by the accused are readily available· but certain requested documentary evidence will not be available until several days later, you may proceed with the investigation. Keep in mind that the thoroughness of the investigation is not dependent upon having all of the evidence available at the same time, but only upon the ultimate examination of all of the witnesses and evidence in a manner that is as orderly as possible.

If, however, you must temporarily postpone the investigation in order to arrange for the attendance of witnesses, you should inform the accused and the potential witnesses of the date and place set for future proceedings and arrange for their attendance.

2-5. Securing the attendance of witnesses
a.
Military witnesses and Government employee witnesses. Military witnesses may be ordered to appear at the investigation. If there is a question as to the availability of a witness, you make the initial decision whether the witness is reasonably available. Ifyou decide that the witness is reasonably available, you should ask the witness's immediate commander to make the witness available. If that commander decides that the witness is not reasonably available and cannot be persuaded to reconsider the decision, you must abide by the decision and consider alternatives to live testimony by the witness. You should ask supervisors of Government civilian employees to arrange their attendance.

b.
Civilian witnesses not employed by the Government. Generally, non-Government civilian witnesses may not be compelled by the investigating officer to attend the pretrial investigation and testify. With advance approval by the general court-martial convening authority, however, you may arrange for the issuance of invitational travel orders authorizing a mileage advance for transportation to the hearing of an essential non-Government civilian witness who is willing to appear voluntarily. See AR 37-106, chapter 13, section III. In the alternative, you may arrange transportation for yourself, the accused, and counsel, if any, to a place convenient to the civilian witness. If you determine that the testimony of a reluctant civilian witness is essential and necessary for a proper disposition of the case, you should request the appropriate staff judge advocate to assist in obtaining the witness's attendance.

c.
Arranging for documentary evidence. You should make every effort to ensure that witnesses in possession of essential documentary and real evidence are present at the investigation. Examine but do not take possession of real evidence. Your receipting for evidence might create admissibility problems at a later court-martial.

The following procedure provides guidance for an introductory session with the accused.
1.0. (to accused): I am (rank and name). By order of (rank and name of appointing authority), I have been appointed investigating officer under article 32(b) of the Uniform Code of Military Justice to investigate (a) certain charge(s) against you. The charge(s) allege(s) in general, the offense(s) of (name of offense(s) and description(s) of conduct). The name of the accuser is (rank and name of accuser). The names of the witnesses thus far known to me are (name all known witnesses).
I am now going to advise you of your rights in this investigation. You have the right to be present throughout the taking of evidence so long as your conduct is not disruptive. You will have the right at the proper time: to cross-examine all available witnesses against you; to present anything you might desire in your own behalf, either in defense, extenuation, or mitigation; to have a lawyer represent you at the investigation; to have me examine available witnesses requested by you; to make a statement in any form at the proper time, to remain silent, or to refuse to make any statement regarding any offense that you are accused or suspected of, or concerning that which you are being investigated. In addition you are advised that any statement made by you might be used as evidence against you in a trial by court-martial. Do you understand?
As investigating officer, it is my duty to thoroughly and impartially investigate the charges against you. This investigation shall include inquiries as to the truth of the matter set forth in the charge(s), form of the charge(s), and the disposition which should be made of the case in the interest of justice and discipline. It is my duty to impartially evaluate and weigh all of the evidence. I will examine the available witnesses against you as well as any available witnesses requested by you. You and your counsel will be given full opportunity to cross-examine witnesses against you (if they are available) and to present anything you may desire in your own behalf, either in defense or extenuation or mitigation. I can recommend that the charge(s) against you be referred for trial to a general court-martial or to a different type of court-martial or that the charge(s) be dismissed or disposed of other than by trial by court-martial. It is not my purpose during this investigation to act as prosecutor, but only as an impartial fact finder. Do you understand? ·
Before I begin the formal investigation and examination of any of the witnesses in this case, I must inform you that you have the right to be represented at all times during this investigation by legally qualified counsel. This means that you have the right to be represented by a civilian lawyer of your choice, but at no expense to the United States; by military counsel of your own selection if that counsel is reasonably available; or by counsel detailed by the Trial Defense Service to represent you during the investigation. There is no cost to you for military counsel. Do you wish to be represented by counsel? If so, state the type of counsel you want to represent you.
Note. If the accused is hesitant about whether to ask for counsel, the investigating officer should encourage the accused to obtain legally qualified counsel. If the accused requests counsel other than a lawyer, you must advise the accused that such non-lawyer counsel cannot serve as defense counsel before a general court-martial or a special court-martial that can adjudge a bad-conduct discharge.
Figure 2-1. Preliminary advice to the accused
DEPARTMENT OF THE ARMY
(Organization name)
(Geographic location and zip code)

S: (suspense date)

(office symbof) (27) (date)
MEMORANDUM FOR (name and address of accused)
SUBJECT: Article 32(b) Investigation

1.
On (date), at (time) in (building number,, (room number,, I will conduct an investigation pursuant to Article 32(b), UCMJ, to investigate the facts and circumstances concerning (a) charge(s) preferred against you by (rank and name of person who prefe"ed charge(s)). The charge(s) is/are (general nature of the charge(s)), in violation of (UCMJ article(s)).

2.
You have the right to be present during the entire investigation. Additionally, you have the right to be represented at all times during the investigation by legally qualified counsel. Counsel may be a civilian lawyer of your choice, provided at no expense to the United States; a qualified military lawyer of your selection, if reasonably available; or a qualified military counsel detailed by the Trial Defense Service. There is no cost to you for military counsel. You also have the right to waive representation by counsel. Send your decision to me by (suspense date).

3.
The names of witnesses known to me, who will be asked to testify at the hearing are:

a. (Name of witness).
b. (Name of witness).
c.
(Name of witness).

d.
(Name of witness).

e.
(Name of witness).

Additionally, it is my intention to examine and consider the following evidence:
a.
(Describe evidence and its location).

b.
(Describe evidence and its location).

c.
(Describe evidence and its location).

4. As investigating officer, I will try to arrange for the appearance of any witnesses that you want to testify at the hearing. Send names and addresses of such witnesses to me by (suspense date for witness notification). If, at a later time, you identify additional witnesses, inform me of their names and addresses.
5. You may contact me by writing to: (investigating officer's rank, name, and military address).
(Name)
(Rank, Branch)
Investigating Officer
Figure 2-2. Notification to the accused
XXXX-XX (XXX-XX/Date) 1st End Accused/XX/AV XXX-XXXX SUBJECT: Article 32(b), UCMJ Investigation
(Name and address of accused)
FOR (Name and military address of investigating officer)

1.
Receipt of basic communication is acknowledged.

2.
I want to be represented by (select one of the six options):

a. Civilian counsel, who is (name and address).
\

b.
An individual military counsel, who is (rank, name, and military address), if he or she is reasonably available.

c.
A legally qualified military counsel detailed by the Trial Defense Service.

d. A civilian counsel, who is (name and address), and individually requested military counsel, who is (rank, name, and military address).
e.
Detailed military counsel and civilian counsel, who is (name and address).

f.
I do not want to be represented by counsel.

3.
I understand that the Government will not cover the cost of a civilian attorney, but military attorneys will be furnished at no cost to me.

4.
I want the following witnesses and/or evidence present at the hearing.

a (Name and address of witness or description and location of evidence).
b. (Name and address of witness or description and location of evidence). (Include information on where they can be contacted.)
(Accused)
(Rank), U.S. Army

Figure 2-3. Response of the accused
Chapter 3 The Formal Investigation
3-1. General Whenever practicable, the hearing room should be arranged so that the witness chair faces both yourself and the accused. See figure 3-1. The formal taking of evidence in the investigation and the actual interrogation of witnesses and examination of real evidence will be held at a time and place designated by you. You should use a copy of DD Form 457 (fig 4-1) as a checklist in conjunction with the provisions of this guide when conducting the investigation.
3-2. Procedure for opening session Figure 3-2 sets forth the suggested opening session procedure with the accused, the accused's counsel, and the Government representative. These procedures may be varied to meet special circumstances.
3-3. Procedures for taking testimony and examining evidence
a. Record of testimony.
(1) Generally, the testimony of the witnesses given at the investigation is recorded by having them sign and swear to the truth of the substance of their statements after the testimony has been reduced to writing by the investigating officer. If, however, obtaining witnesses's signatures on statements of summaries of testimony will cause undue delay, they need not be signed by the witness, but they must be authenticated by you. These statements should be recorded on DA Form 2823 (Sworn Statement), given exhibit numhers, and noted on DD Form 457, item 12a. In certain cases, the officer who appointed you may desire to have the entire proceedings reported verbatim by a sworn reporter. In such cases, the verbatim report of the testimony of witnesses given on oath or affirmation need not be signed by the witnesses. Verbatim state
ments should also be given exhibit numbers and entered on DD
Form 457, item 12a.
(2)
You are not required to tape record testimony taken during your investigation. It is not uncommon, however, for the person acting as reporter during the investigation to record testimony to aid in the preparation of the summary of testimony. If such recordings of testimony are made, or substantially verbatim notes of testimony are taken, you should ensure that they are preserved until final disposition of the case occurs, either by trial or conclusive withdrawal and dismissal of the charges.

(3)
Ordinarily it is not necessary to give article 31 warnings to witnesses who are not accused or suspected of a crime; however, if during the taking of testimony it appears that a military witness might be suspected of committing any offense, stop and advise the witness of article 31 rights and the right to counsel.

(
4) If during the taking of testimony it appears that a civilian witness might be suspected of committing any offense, stop and advise the witness of self-incrimination and counsel rights.

(5)
You should use DA Form 3881 (Rights Warning Procedure/Waiver Certificate) when advising military and civilian witnesses of these rights. If the witness initially waives these rights, you may proceed with questioning. Ifthe witness remains silent or requests to speak to an attorney, stop all questioning and note this fact on DA Form 3881. You should not initiate further questioning of this witness until the witness has consulted with counsel and has consented to further questioning after readvisement of all rights (again use DA Form 3881). You should see your judge advocate legal advisor for assistance in determining if it is again permissible to question the witness.

b.
Refusal to testify. Ifa witness who is a member of the military refuses. to make a sworn statement and it does not appear that the statement is incriminating or otherwise privileged, allow the witness to consult with a judge advocate concerning the witness's rights and duty to testify. Ifthe witness persists in refusing to testify, you may give an order to do so. Failure to comply with this order could result in disciplinary action. Ifa witness has previously made a sworn written statement and now refuses to testify, you

should show the witness the previous statement and inquire into the reasons for which he or she now refuses to make a sworn statement regarding the same subject matter. If you determine (with the assistance of your legal advisor, if necessary) that the witness has a privilege not to testify, or if you have determined that there is no privilege and ordered the witness to testify but the witness persists in refusing to do so, you may consider the witness to be unavailable and consider the prior sworn statement. See
R.C.M.
405(g)(l)(A) and Mil. R. Evid. 804(a)(l) and (2). lfit appears that any witness who is apparently essential to subsequent proceedings is subject to early discharge, transfer, temporary duty, or other personnel action that might prevent his or her availability at a later proceeding, you should note this fact on DD Form 457, items 16 and 21. If the change of status is within a period of 30 days, the staff judge advocate should be notified to determine if a deposition should be taken.

c.
Spectators. Normally, the hearing is open to the public, but either you or the authority who directed the investigation may provide that the hearing be closed to the public. You may also decide to restrict spectators, including members of the news media, to only certain parts of the proceedings. You must also follow the guidelines established in AR 340-17, chapter 5, regarding the release of certain information to the public. In addition, prospective witnesses in the case should not be permitted to hear or examine the testimony or statements of other witnesses. Witnesses should remain available outside the hearing room and should be called one at a time to testify. Witnesses should be instructed not to discuss their testimony with other witnesses. See MCM, 1984, appendix 8, page A8-13, for a sample witness advisement.

d.
Oaths. The procedure for administering the oath to a witness is set forth in figure 3-3.

e.
Examination of witnesses. A procedure for examining witnesses is set forth in figure 3-4.

f.
Examination of evidence. The procedure for examining evidence is set forth in figure 3-5.

g.
Inquiry into mental responsibility or capacity. Ifin your opinion grounds exist for inquiring into the mental condition of the accused to determine whether the accused was mentally responsible

at the time of the acts charged or has sufficient mental capacity to understand the nature of the article 32 investigation and to conduct or cooperate intelligently in his or her defense, you should promptly notify the officer who appointed you. The appointing authority will take appropriate action. See R.C.M. 706. In addition, you should complete DD Form 457, item 14, as appropriate.
h. Defense objections. Ifthe defense objects to any of your decisions on procedures or otherwise objects to alleged defects in the investigation, you are not required to rule on objections. You may, however, take corrective action in response to an objection if you believe such action is appropriate. Ifan objection raises a substantial question about the propriety of your conducting the investigation (such as challenging your impartiality), you should consult with your legal advisor and inform the commander who directed the investigation before deciding whether any corrective action is needed. You may require a party to file any objection in writing. You must note a party's objection in your report (items 15 and 21) if requested to do so. See R.C.M. 405(h)(2).
i. Closing the investigation.
(1)
After you receive all the evidence and the accused and counsel have indicated that they have no further evidence to offer, inform the accused that you do not contemplate calling any more witnesses or receiving other evidence unless the accused or counsel have other evidence to present or argument to make. If the accused or counsel has no further evidence to offer, you should declare the taking of evidence closed.

(2)
The accused or counsel should be afforded the opportunity to make a statement of what they consider an appropriate recommendation concerning the disposition of the charges in the case. You should consider any comments made in that connection in deciding what disposition you will recommend to the officer who directed the investigation. You should explain to the accused and counsel that your recommendation in the case is advisory only

and is in no way binding upon the officer who directed the investigation or upon any superior authorities. You should also afford counsel for the Government, if any, the opportunity to make a statement regarding an appropriate recommendation for disposition of the charges.
\

Figure 3-1

WITNESS
OiAIR
gS
~
;lo;
-~i
r~
….
0
Cl
~
~~

1"11~

rm
§>
Cll
a
Figure 3-1

Figure 3-1
Figure 3-1. Arrangement of room for Investigation
Note. The article 32 investigation should be conducted in a formal and dignified manner. While the investigation is not a trial and the strict rules of procedure and evidence applicable in trials by courts-martial do not apply to the investigation, you will find that the investigation will be far more successful if informality is kept to a minimum. For this reason, you should attempt to hold the investigation under conditions of relative quiet and without interruption. When the investigation is conducted in a place where people are walking about or holding general conversation, the accused and observers are likely to get the impression that the investigation is a casual affair, rather than the serious judicial function intended by Congress and the Urlted States Court of Military Appeals. You should attempt to arrange the furniture in the room where the investigation is to be held as shown above.
1.0. (To accused-counsel): This is a formal investigation into (a) certain charge(s) against (rank and name of accused) ordered pursuant to article 32(b), UCMJ, by (rank and name of appointing authority). On (date of notification), I informed you of your right to be represented by civilian counsel at no expense to the United States, military counsel of your own selection if reasonably available, or military counsel detailed by the Trial Defense Service. You informed me that you (did not desire to be represented by counsel/desired to be represented by (name of civilian counsel)ldesired to be represented by (rank and nsme of individually requested counse/)/desired to be represented by (rank and name of detailed military counsel)).
Let the record show that (name of civilian counsel/rank and name of individually requested military counsel who was available/rank and name of detailed counsel) is here present with you. ((Name of civilian counsel), I ask you to step forward and enter your appearance by filling out item 7a on the official Investigating Officer's Report, DD Form 457).
\

1.0. (To accused-counsel): I want to remind you that my sole function as the article 32 investigating officer in this case is to determine thoroughly and impartially all of the relevant facts of this case, to weigh and evaluate those facts and determine the truth of the matters stated in the charge(s). I shall also consider the form of the charge(s) and make a recommendation concerning the disposition of the charge(s) that has/have been preferred against you. I will now read to you the charge(s), which I have been directed to investigate. (At this point, the defense may waive reading of the charge(s).) It/They is/are as follows:
Charge (I): Violation of the Uniform Code of Military Justice, (article number).
Specification (1): (the specification).
Specification (2): (the specification).

(Charge (II): (Additional Charge): Violation of the Uniform Code of Military Justice, (article number).
Specification (1): (the specification).

I will now show you the charge(s) and specification(s).

I advise you that you do not have to make any statement regarding the offense(s) of which you are accused and that any statement you do make may be used as evidence against you in a trial by court-martial. You have the right to remain silent concerning the offense(s) with which you are charged. You may, however, make a statement either sworn or unsworn and present anything you may desire, either in defense, extenuation, or mitigation. If you do make a statement, whatever you say will be considered and weighed as evidence by me just like the testimony of other witnesses.
You have previously been given a copy of the investigation file that has been compiled in your case. It contains (list all documents contained in the case file that will be considered). It is my intention to call as witnesses in this investigation (list all witnesses who will be called to testify at the investigation). After these witnesses have testified in response to my questions, you or your counsel will have the right to cross-examine them. You also have the right to call available witnesses for my examination and to produce other evidence in your behalf. I have arranged for the appearance of those witnesses previously requested by you. If you desire additional witnesses, I will help to arrange for their appearance or for the production of any available evidence relating to your case.
(I do not intend to call as a witness (name of witness) (because it has been determined that the witness is unavailable or because the witness's commander has determined this). I therefore intend to consider the sworn statement of the witness in my recommendations as it is contained in the file.)
1.0. (To accused-counsel): Before proceeding further I now ask you whether you have any questions concerning your right to remain silent, concerning the offense(s) of which you are accused, your right to make a statement either sworn or unsworn, the use that can be made of any statement you may make, your right to cross-examine witnesses against you, or your right to present anything you may desire in your own behalf and have me examine available witnesses requested by you either in defense, mitigation, or extenuation.
(Counsel-Accused): (Yes/no).

Note. At this point, answer any questions that the accused may have with respect to rights or as to procedural or other matters concerning the investigation. You should not proceed further until convinced that the accused understands these rights. If the accused is represented by counsel, however, the latter will generally indicate that he or she has explained these matters to the accused and that they are understood.
1.0. (To accused-counsel): Do you want me to call any witnesses to testify in your defense or to testify in mitigation or extenuation on your behalf?
(Counsel-Accused): (Yes/no).

1.0. (To accused-counsel): Do you want me to call any other witness(es) in this case for cross-examination? If so, provide name(s) and organization(s) or address(es). If you are aware of any military records that you want me to consider and that you have been unable to obtain, provide a list of these documents.
(Counsel-Accused): (Yes/no).

Figure 3-2. Procedure for opening session of the formal Investigation
Note. The word "oath" as used in this appendix includes the word "affirmation." All oaths and affirmations should be made in the presence of the accused. Generally, only witnesses need be sworn at an article 32 investigation. There is no requirement that you as the investigating officer or counsel be sworn. Interpreters must also be sworn before beginning their duties. The oath may be administered by you in the following manner: You should raise your right hand and have the person being sworn stand with right hand raised. You should then read or recite the appropriate oath and receive the appropriate response.
Oath for Wltne…a
1.0. Do you swear that the evidence you shall give in the case now being investigated shall be the truth, the whole truth, and nothing but the truth, so help you God?
Afflnnatlon
1.0. Do you affirm that the evidence you shall give in the case now being investigated shall be the truth, the whole truth, and nothing but the truth?
Note. The "affirmation" is used when administering the oath to persons who have conscientious scruples against taking an oath or to persons who do not believe in the existence of a supreme being. See R.C.M. 807. Persons who recognize special forms or rites as obligatory, and persons who do not believe in a supreme being may be sworn in their own manner or according to the ceremonies of the religion they profess and declare to be binding. ·
Oath for Interpreter
1.0. Do you (swear) (affirm) that in the case now being investigated you will interpret truly the testimony you are called upon to interpret (, so help you God).
Note. When testimony is given through an interpreter, the interpreter must first be sworn. See R.C.M. 807. The interpreter must translate questions and answers in verbatim form.
Figure 3-3. Oaths
Introductory questions to witnesses

(Swear witness) See figure 3-3. 1.0.: State your full name and (for military witnesses: grade, organization, and armed force) (for civilian witnesses: residence
address and occupation). WITNESS: (Complete response). 1.0.: Do you know the accused in this case? WITNESS: (Yes/no).

Note. If the identification of the accused is not an essential part of the expected testimony of the witness, this question may be omitted. If the witness identifies the accused, the witness should normally be asked to state the accused's name and organization If known. If the identity of the accused is particularly relevant in a case, and the identity of the accused as the perpetrator of the offense depends upon the ability of the witness to identify the accused, the accused's counsel may request that the witness be required to identify the accused from a nonsuggestive lineup of persons similar in appearance to the accused. This request should be granted whenever possible. Otherwise the ability of the witness to identify the accused as the offender may be based on the fact that the accused is the only person whose conduct is being investigated. In any event in this situation, you should inquire into the basis for the witness's identification of the accused.

Government Witness
You determine the order of questioning of all witnesses and you may conduct the first questioning.
Note: If Government counsel is present, he or she may first examine Government witnesses, followed by cross-examination by the accused or defense counsel, then followed by questioning by you If further clarification is necessary.
1.0.: (to witness after introductory questions): (Questions the witness about.the facts of the case).
1.0.: Where were you when you saw him?
WITNESS: I was in the dayroom of my company.
1.0.: About what time was this?
WITNESS: It was approximately 0930, sir.
1.0.: Was anyone present at the time?
WITNESS: Sergeant John Smith was there, sir.
1.0.: What was the accused doing at 0930?
WITNESS: When I came into the dayroom sir, I saw Sergeant Smith and the accused facing each other and (witness con

tinues with details of the incident).

Cross-Examination of Government Witness
Note. When you or Government counsel have completed an examination of a witness, you should advise the accused and counsel (If the accused is represented by counsel) substantially as follows:
1.0. (To accused-counsel): You may now cross-examine this witness concerning any of his/her testimony, any knowledge possessed of the offense(s), or concerning the witness's worthiness of belief. (Since you are not represented by counsel, I will do this for you, if you wish, if you will inform me in a general way of the matters about which you want me to question the witness.) Do you wish to cross-examine this witness?
(Counsel) (Accused): (Yes/no).

Note. If the accused or counsel desires the witness to be cross-examined proceed substantially as follows:
(Counsel) (Accused) (1.0.) (to the witness): Did you hear the subject of the argument between the accused and Sergeant Smith? WITNESS: No sir, they were arguing at the time I came into the dayroom, and I did not hear what was said before I got there. (Counsel) (Accused) (1.0.): Did you see any gestures made during the argument by Sergeant Smith? WITNESS: I am not exactly sure what you mean, but … (witness continues to describe details of the incident).
1.0. (to accused-counsel): Do you have any further questions you want this witness to answer?
(Counsel) (Accused): (Yes/no).
1.0.: The witness is excused.

Figure 3-4. Examination of witnesses
Calling Defense Wltneues
1.0. (to accused-counsel): I have now called all witnesses I contemplate calling and have revealed to you all evidence I intend to consider in the preliminary portions of this investigation. As I have previously advised you, you may now present any evidence you desire. Do you have any witnesses to testify in your defense or in extenuation and mitigation? If so, I will call them at this time.
(Counsel) (Accused): (No/yes, with name(s) and address(es)).
Note. If witnesses are to be called to testify on the accused's behalf, you should advise the accused substantially as follows:
1.0. (to accused-counsel): You may question each of the witnesses who are to testify for you (or, since you are not represented by counsel, I will question them, if you prefer, if you will tell me generally what you want to question them about).
Note. If the accused is represented by counsel, you should assume that counsel will conduct the examination of the witness and present evidence in a planned procedure. If the accused has elected not to have counsel at the investigation, you should permit the accused to examine or cross-examine witnesses personally if desired. The procedure for administering the oath (fig 3-3) and for introductory questioning of the witness set forth above should be followed for defense witnesses. After the accused or counsel has completed examination of the defense witness, or you have done so, you may cross-examine the witness.
Calling Additional Wltneues
Note. When all witnesses who were initially called have testified, you should determine whether other witnesses should be called in the interests of justice, fairness, and a complete investigation. In addition, inquire of the accused substantially as follows:
1.0. (to accused-counsel): (I do not intend to call any additional witnesses.) (I intend to call (name(s)) as additional witnesses.) (I am going to recall (name(s)) for further questioning.) Are there any witnesses you want me to recall or are there any new witnesses?
(Counsel) (Accused): (No/yes, with name(s) and address(es)).
Explanation of Accused's Rights as a Witness
Note. After all the witnesses have testified and the accused or his counsel indicate that they have no further evidence to present, you should inquire of accused and counsel, if the accused has not previously made a statement, substantially as follows:
1.0. (to accused): Earlier in this investigation, I advised you of your rights to make a statement or to remain silent. Do you want me to repeat this advice? Do you desire to make a statement in any form?
(Counsel) (Accused): (Yes/no).

Figure 3-4. Examination of witnesses-Continued Real Evidence (Physical Objects)
1.0. (To witness): This is a knife which I have designated as (exhibit number).
Note. The accused and counsel should be permitted to examine the exhibit at this point
1.0. (To witness): Do you recognize this knife?
WITNESS: (Yes/no).

1.0. How do you recognize it?
WITNESS: I recognize it by (witness describes how he or she recognizes the knife).

1.0. When did you first see this knife?
WITNESS: I got my first look at the knife when I found it under the accused's bunk.

1.0. (To accused-counsel after questioning the witness further as to the circumstances under which the knife was found, and after cross-examination, if any, of the witness): Do you have any objection to my considering this exhibit as evidence?
(Counsel) (Accused): (Yes, stating reason(s)/no).

Documentary Evidence
Authenticated Official Record

1.0. (to accused-counsel): I have SIDPERS document of (unit designation), for (inclusive dates), which I have designated (exhibit number). It appears to be certified as a true copy by (rank, name, organization, and duty position of authenticating official). I now hand you this exhibit for your examination.
1.0. (to accused-counsel after permitting him to examine the document): Do you have any objection to my considering this exhibit as evidence?
(Counsel) (Accused): (Yes, stating reason(s)/no).

Figure 3-5. Examination of evidence
Chapter 4 Completion of the Investigating Officer's Report
4-1. Report preparation
During the investigation, you should use a copy of DD Form 457 (fig 4-1). Your notes from the investigation and the DD Form 457 may be used as working papers in preparing the report to the officer who directed the investigation. If the investigation is not to be completed verbatim, you must put the substance of each witness's testimony in writing and, unless it would unduly delay completion of your report, you should ask the witness to sign and swear to the statement.
4-2. Considering the evidence and making a recommendation
In many cases, you may be able to make your recommendation as soon as the investigation closes. Ifso, record it in items 20 or 21 of the working copy of DD Form 457 and then have the report typed in final form. If you are unable to make a decision immediately, you may have the testimony transcribed and review .it before coming to a conclusion.
4-3. Forwarding the report

a.
You should attach all papers furnished to you, together with all evidence produced at the investigation, to the DD Form 457. If practicable, hand-carry the entire file to the headquarters of the officer who directed the investigation.

b.
Each document in the file should be in five copies. Furnishing a copy of the investigation to the accused is not one of your responsibilities.

c.
If the accused or counsel requests a copy of the report, you· should explain that you will transmit that request to the officer who directed the investigation. You should make a notation of the request in the "remarks" section (item 21) of your report.

I.
rTo h elp•d .,. a<:<!-d If 0<:4'…… –,,__I. /fa<:e-d 4001 note.,.., llt-t16otl… o~…w01tpleltt llt dot.a llt ltorrt JJ.}

INVESTIGATING OFFICER'S REPORT (Of Chargu Under Article 32, UCMJ and R.C.M. 406, Manual for Court1-Martlal)
,.. FROM: <N•tr1• of tn,,.•~tfft# Oftkn -LMt. Ttnt, NI} Adamson, Adam A. b. GllAOE Major 0-4 c. OllGAMIZATION 1st Bn, 6lst Inf Bde lcf, DATE OF llEP'OllT 14 Feb 9-
:Za. TO: (Homo of O(fkor wlto dlnclod Ilia 1t!u•11tflot1011 L.C. FlrtC. 1111} Harrison, Harry H. b. TITLE ~Officer c. ORGANIZATION 1st Bn, 6lst Inf, Fort a.itts, Texas
Jo. MAME Of ACCUSED (1-t. Tint, 111/J Benson, Ben B. b. ORAOE PVl' E-1 c. SSN 111-11-1111 d. ORGANIZATION Co A, 2d Bn, 6lst Inf e. DATE Of CHARGES \~ Feb 9-
(Choclr oppropriot• aru111orJ YES NO
4. IN ACCORDANCE WITH ARTICLE 32, UCMJ, AMO R.C.M. 401, MANUAL FOR COURTS-MARTIAL. I HAVE INVESTIGATED THE CHARGES Al'l'ENDED HIRITO IEalllbft t) x
II. THE ACCUSED WAS REP'llESENTEO av COUNSEL (It not. ….._. x
I. COUNSEL WHO llEP'llESENTIO THE ACCUSED WAS QUALlflED UNDER R.C.M. 4061dlC2t, S02ldt x
7a. NAME OF DEFENSE COUMSEL (I.Ml, Tl,.,t, 1111} earlson, earl c. . GllADI CPT 0-3 a.. NAME OF ASSISTANT DlflNSI COUNSEL (If.,.)'} b. GRADE
c. OllOAN IZATION (If opproprlotfl} TDS w/dut:'f Fort a.itts, Texas c. ORGANIZATION (/fopprop.WtoJ
d. AOOllESS (If epproprlo19J d. ADDRESS (/f _,,proprloto}

.. l'LACE

b. DATI
I HAVE BEEN INFOllMEO OF MY RIGHT TO IE REP'RESENTED IN THIS INVESTIGATION av COUNSEL. INCLUDING MY RIGHT TO CIVILIAN OR MILITARY COUNSEL OF MY CHOICE IF REASONAaLY AVAILAaLI. I WAIVE MY RIGHT TO COUNSEL IN THIS INVESTI· GATION.
c. SIGNATURE 01' ACCUSED
YES

NO .. THE CHARGE(SI UNDER INVESTIGATION
10. AT THE IEGINNING 01' THE INVESTIGATION I INl'ORMEO THE ACCUSED Of: (Cltftlr uproprlaro .,….,.,,
x
b. THE IDENTITY Of THE ACCUSEl'I
x
c. THE RIGHT AGAINST SELf·INCRIMINATION UNOEll AllTICLE 31
x
d. THE P'URP'OSE OF THE INVESTIGATION
x

.. THE lllGHT TO BE P'ftESENT THftOUGHOUT THE TAKING Of EVIDENCE
x

t. THE WITNESSES ANO OTHER EVIDENCE KNOWN TO ME WHICH I UCP'ICTEO TO l'RISEMT
x
•· THE RIGHT TO CROSS-EXAMINE WITNESSES
x

"· THE RIGHT TO HAVE AVAILABLE WITNESSES ANO EVIDENCE P'ftESENTED
x

I. THE RIGHT TO P'llESENT ANYTHING IN OEl'EMSE. EXTENUATIOl'I, OR MITIGATION
x

THE ftlOHT TO MAKE A SWOftN Oft UNSWORN STATEMENT, OllALLY OR IN WRITING
x

11a. THE ACCUSED ANO ACCUSED'S COUNSEL WEftE P'l'IESENT THftOUOHDUT THE P'RESENTATION Of EVIDENCE (lf llt•oceuud ore.,..,.,., IH"' ollH11I d11ri,,. on,. port of tlto ,,,..,.,.,.tlo,. o/ e11uu11e•. eo,,.,,lol• • klo111.1
x

b. STATE THE ClllCUMSTANCES ANO DESClllSE THE P'llOCEEOINGS CONDUCTED IN THI AUG NCI Of ACCUSED Oft COUNSEL
NOTt: If eddlrionol …-ii requtr.d few eny 1-.-dM edditloMI Memiml In•-21., °" 1 …..,_–.Identify tudl materiel oritft the Pl….,
~llNI, If …,-'-· let1llNd hoedlne ra_,1o: "1e"'.J Sec1INly en.dt 11"1 llddltlONI ….._tel doe,_end lldd '"°"'In the ..,GPN• ~
of the ,_, ·-s-eddltlonol ……."

fORM

0014 AUG 457 EDITION OP' OCT ti IS OBSOLETE.
Figure 4-1. Sample DD Form 457
DA PAM 27-17 • UPDATE
Figure 4-1
*U.S. GOVERNMENT PRINTING OFFICE 1992 0 -311-831 (44753)
•

•

•
PIN 023443-000

Human intell collector operations

*FM 2-22.3 (FM 34-52) Field Manual Headquarters No.
2-22.3 Department of the Army Washington, DC, 6 September 2006
Human Intelligence Collector Operations
Contents
Page
PREFACE vi

PART ONE HUMINT SUPPORT, PLANNING, AND MANAGEMENT

Traits of a HUMINT Collector 1-1 0

Chapter 1
INTRODUCTION 1-1

Intelligence Battlefield Operating System 1-1

Intelligence Process 1-1

Human Intelligence 1-4

HUMINT Source 1-4

HUMINT Collection and Related Activities 1-7

Required Areas of Knowledge 1-12

Capabilities and Limitations 1-13

Chapter 2
HUMAN INTELLIGENCE STRUCTURE 2-1

Organization and Structure 2-1

HUMINT Control Organizations 2-2

HUMINT Analysis and Production Organizations 2-6

DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited.
NOTE: All previous versions of this manual are obsolete. This document is identical in content to the version dated 6 September 2006. All previous versions of this manual should be destroyed in accordance with appropriate Army policies and reyulations.
'This publication supersedeJyM 34-52, 28 September 1992, and ST 2-22.7, Tactical Human Intelligence and Counterintelligence Operations, April 2002.
PENTAGON LmRARY \" "j
MrtlTARY OOCUMENTI
WASHINGTON, DC 20310

6 September 2006      FM 2-22.3
FM 2-22.3      ————
Chapter 3
      HUMINT IN SUPPORT OF ARMY OPERATIONS 3-1

Offensive Operations ………………………….•…………………………………………………… 3-1

Defensive Operations 3-2

Stability and Reconstruction Operations 3-3

Civil Support Operations 3-7

Military Operations in Urban Environment.. 3-8

HUMINT Collection Environments 3-8

EAC HUMINT 3-9

Joint, Combined, and DOD HUMINT Organizations 3-10

Chapter 4
HUMINT OPERATIONS PLANNING AND MANAGEMENT .4-1

HUMINT and the Operations Process .4-1

HUMINT Command and Control .4-3

Technical Control.
4-4

Command and Support Relationships 4-4

HUMINT Requirements Management 4-5

HUMINT Mission Planning 4-15

Task Organization 4-18

Operational Considerations 4-19

Operations Plans, Operations Orders, and Annexes 4-21

Operational Coordination 4-22

PART TWO HUMINT COLLECTION IN MILITARY SOURCE OPERATIONS

Chapter 5
HUMINT COLLECTION 5-1

HUMINT Collection Operations 5-1

Human Source Contact Operations 5-2

Debriefing Operations 5-7

Liaison Operations 5-12

Interrogation Operations , 5-13

Types of Interrogation Operations 5-27

PART THREE THE HUMINT COLLECTION PROCESS

Chapter 6
SCREENING 6-1

Human Source Screening 6-1

Screening Operations 6-2

Screening Process 6-9

Screening Methodologies 6-11

Screening Requirements 6-12

ii FM 2-22.3 6 September 2006
Chapter 7

Chapter 8

Chapter 9

Chapter 10

_
Initial Data and Observations 6-13
Source Assessment 6-14
Other Types of Screening Operations 6-15

PLANNING AND PREPARATION 7-1
Collection Objectives 7-1
Research 7-1
HUMINT Collection Plan 7-8
Final Preparations 7-13

APPROACH TECHNIQUES AND TERMINATION STRATEGIES 8-1
Approach Phase 8-1
Developing Rapport 8-3
Approach Techniques 8-6
Approach Strategies for Interrogation 8-20
Approach Strategies for Debriefing 8-21
Approach Strategies for Elicitation 8-22
Termination Phase 8-23

QUESTIONING 9-1
General Questioning Principles 9-1
Direct Questions 9-1
Elicitation 9-5
Leads 9-5
Detecting Deceit. 9-6
HUMINT Collection Aids 9-9
Recording Techniques 9-9
Questioning With an Analyst or a Technical Expert 9-11
, Third-Party Official and Hearsay Information 9-12
Conducting Map Tracking 9-13
Special Source Categories 9-16

REPORTING 10-1
Reporting Principles 10-1
Report Types 10-1
Reporting Architecture 10-5

6 September 2006 FM 2-22.3
Chapter 11
HUMINT COLLECTION WITH AN INTERPRETER 11-1

Advantages and Disadvantages of Interpreter Use 11-1

Methods of Interpreter Use 11-2

Sources of Interpreters 11-4

Interpretation Techniques 11-5

Training and Briefing the Interpreter 11-5

Placement of the Interpreter 11-6

Interactions With and Correction of the Interpreter 11-7

Interpreter Support in Report Writing 11-8

Evaluating the Interpreter 11-8

Managing an Interpreter Program 11-9

PART FOUR ANALYSIS AND TOOLS

Chapter 12
HUMINT ANALYSIS AND PRODUCTION 12-1

Analytical Support to Operational Planning 12-1

Operational Analysis and Assessment… 12-3

Source Analysis 12-4

Single-Discipline HUMINT Analysis and Production 12-4

HUMINT Source Selection 12-19

Chapter 13
AUTOMATION AND COMMUNiCATION 13-1

Automation 13-1

Collection Support Automation Requirements 13-2

Analytical Automation Requirements 13-3

Automation Systems 13-7

Communications 13-8

APPENDIX A GENEVA CONVENTIONS A-1

Section I. Geneva Conventions Relative to the Treatment

of Prisoners of War (Third Geneva Convention) A-1

Section II.
Geneva Conventions Relative to the Protection of

Civilian Persons in Time of War (Fourth Geneva Convention) ……..A-47

APPENDIX B SOURCE AND INFORMATION RELIABILITY MATRIX B-1

APPENDIX C PRE-DEPLOYMENT PLANNING C-1

APPENDIX D S2 GUIDE FOR HANDLING DETAINEES, CAPTURED ENEMY DOCUMENTS,

AND CAPTURED ENEMY EQUIPMENT.. D-1

Iv FM 2-22.3 6 September 2006
APPENDIX E EXTRACTS FROM ALLIED JOINT PUBLICATION (AJP)·2.5 E-1

APPENDIX F NATO SYSTEM OF ALLOCATING INTERROGATION SERIAL NUMBERS F-1

APPENDIX G QUESTIONING QUICK REFERENCE G-1

APPENDIX H SALUTE REPORTING H-1

APPENDIX I DOCUMENT EXPLOITATION AND HANDLlNG 1-1

GLOSSARY Glossary-1

BIBLIOGRAPHy Bibliography-1

APPENDIX J REFERENCES J-1

APPENDIX K CONTRACT INTERROGATORS K-1

APPENDIX L SAMPLE EQUIPMENT FOR HCT OPERATIONS L-1

APPENDIX M RESTRICTED INTERROGATION TECHNIQUE -SEPARATION M-1

INDEX Index-1

6 September 2006 FM 2-22.3
FM 2-22.3 _
Preface
This manual provides doctrinal guidance, techniques, and procedures governing the employment of human intelligence (HUMINT) collection and analytical assets in support of the commander's intelligence needs. It outline&
•
HUMINT operations.

•
The HUMINT collector's role within the intelligence operating system.

•
The roles and responsibilities of the HUMINT collectors and the roles of those providing the command, control, and technical support of HUMINT collection operations.

This manual expands upon the information contained in FM 2-0. It supersedes FM 34-52 and rescinds ST 2-22.7. It is consistent with doctrine in FM 3-0, FM 5-0, FM 6-0, and JP 2-0. In accordance with the Detainee Treatment Act of 2005, the only interrogation approaches and techniques that are authorized for use against any detainee, regardless of status or characterization, are those authorized and listed in this Field Manual. Some of the approaches and techniques authorized and listed in this Field Manual also require additional specified approval before implementation.
This manual will be reviewed annually and may be amended or updated from time to time to account for changes in doctrine, policy, or law, and to address lessons learned.
This manual provides the doctrinal guidance for HUMINT collectors and commanders and staffs of the MI organizations responsible for planning and executing HUMINT operations. This manual also serves as a reference for personnel developing doctrine, tactics, techniques, and procedures (TTP); materiel and force structure; institutional and unit training; and standing operating procedures (SOPs), for HUMINT operations at all army echelons. In accordance with TRADOC Regulation 25-36, the doctrine in this field manual is not policy (in and of itself), but is "…a body of thought on how Army forces operate….[It] provides an authoritative guide for leaders and soldiers, while allowing freedom to adapt to circumstances."
This manual applies to the Active Army, the Army National Guard/Army National Guard of the United States, and the United States Army Reserve unless otherwise stated. This manual also applies to DOD civilian employees and contractors with responsibility to engage in HUMINT collection activities. It is also intended for commanders and staffs of joint and combined commands, and Service Component Commands (SCC). Although this is Army doctrine, adaptations will have to be made by other Military Departments, based on each of their organizations and specific doctrine.
Material in this manual applies to the full range of military operations. Principles outlined also are valid under conditions involving use of electronic warfare (EW) or nuclear, biological, or chemical (NBC) weapons.
This manual is intended for use by military, civilian, and civilian contractor HUMINT collectors, as well as commanders, staff officers, and military intelligence (MI) personnel charged with the responsibility of the HUMINT collection effort.
HUMINT operations vary depending on the source of the information. It is essential that all HUMINT collectors understand that, whereas operations and sources may
6 September 2006
FM 2-22.3 _
differ, the handling and treatment of sources must be accomplished in accordance with applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including fragmentary orders (FRAGOs).
Interrogation, the HUMINT subdiscipline responsible for MI exploitation of enemy personnel and their documents to answer the supported specific information requirements (SIRs), requires the HUMINT collector to be fully familiar with both the classification of the source and applicable law. The principles and techniques of HUMINT collection are to be used within the constraints established by US law including the following:
•
The Uniform Code of Military Justice (UCMJ).

•
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (including Common Article III), August 12, 1949; hereinafter referred to as GWS.

•
Geneva Convention Relative to the Treatment of Prisoners of War (including Common Article III), August 12, 1949; hereinafter referred to as GPW.

•
Geneva Convention Relative to the Protection of Civilian Persons in Time of War (including Common Article III), August 12, 1949; hereinafter referred to as GC.

• Detainee Treatment Act of 2005, Public Law No. 109-163, Title XIV. HUMINT collectors must understand specific terms used to identify categories of personnel when referring to the principles and techniques of interrogation. Determination of a detainee's status may take a significant time and may not be completed until well after the time of capture. Therefore, there will be no difference
in the treatment of a detainee of any status from the moment of capture until such a determination is made. The following terms are presented here and in the glossary.
•
Civilian Internee: A person detained or interned in the United States or in occupied territory for security reasons, or for protection, or because he or she has committed an offense against the detaining power, and who is entitled to "protected person" status under the GC.

•
Enemy Prisoner of War (EPW): A detained person, as defined in Articles 4 and 5 of the GPW. In particular, one who, while engaged in combat under orders of his or her government, is captured by the armed forces of the enemy. As such, he or she is entitled to the combatant's privilege of immunity from the municipal law of the capturing state for warlike acts that do not amount to breaches of the law of armed conflict. For example, an EPW may be, but is not limited to, any person belonging to one of the following categories of personnel who have fallen into the power of the enemy; a member of the armed forces, organized militia or volunteer corps; a person who accompanies the armed forces, without actually being a member thereof; a member of a merchant marine or civilian aircraft crew not qualifying for more favorable treatment; or individuals who, on the approach of the enemy, spontaneously take up arms to resist invading forces.

•
Other Detainees: Persons in the custody of the US Armed Forces who have not been classified as an EPW (Article 4, GPW), retained personnel (Article 33, GPW), and Civilian Internee (Articles 27, 41, 48, and 78, GC) shall be treated as EPWs until a legal status is ascertained by competent authority; for example, by Article 5 Tribunal.

•
Retained Personnel: (See Articles 24 and 26, GWS.)

6 September 2006
FM 2-22.3      _
Official medical personnel of the armed forces exclusively engaged in the search for, or the collection, transport or treatment of wounded or sick, or in the prevention of disease, and staff exclusively engaged in the administration of medical units and facilities. Chaplains attached to the armed forces.
Staff of National Red Cross Societies and that of other Volunteer Aid Societies, duly recognized and authorized by their governments to assist Medical Service personnel of their own armed forces, provided they are exclusively engaged in the search for, or the collection, transport or treatment of wounded or sick, or in the prevention of disease, and provided that the staff of such societies are subject to military laws and regulations.
•
Protected    Persons: Include civilians entitled to protection under the GC, including those we retain in the course of a conflict, no matter what the reason.

•
Enemy Combatant: In general, a person engaged in hostilities against the United States or its coalition partners during an armed conflict. The term "enemy combatant" includes both "lawful enemy compatants" and "unlawful enemy combatants." All captured or detained personnel, regardless of status, shall be treated humanely, and in accordance with the Detainee Treatment Act of 2005 and DOD Directive 2310.1E, ''Department of Defense Detainee Program", and no person in the custody or under the control of DOD, regardless of nationality or physical location, shall be subject to torture or cruel, inhuman, or degrading treatment or punishment, in accordance with and as defined in US law.

Lawful Enemy Combatant: Lawful enemy combatants, who are entitled to protections. under the Geneva Conventions, include members of the regular armed forces of a State Party to the conflict; militia, volunteer corps, and organized resistance movements belonging to a State Party to the conflict, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the laws of war; and members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power.
Unlawful Enemy Combatant: Unlawful enemy combatants are persons not entitled to combatant immunity, who engage in acts against the United States or its coalition partners in violation of the laws and customs of war during an armed conflict. For the purposes of the war on terrorism, the term "unlawful enemy combatant" is defined to include, but is not limited to, an individual who is or was part of or supporting Taliban or al Qaeda forces, or associated forces that are engaged in hostilities against the United States or its coalition partners.
Headquarters, U.S. Army Training and Doctrine Command (TRADOC) is the proponent for this publication. The preparing agency is the US Army Intelligence Center and Fort Huachuca, Fort Huachuca, AZ. Send written comments and recommendations on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to Commander, ATZS-CDI-D (FM 2-22.3), U.S. Army Intelligence Center and Fort Huachuca, 550 Cibeque Street, Fort Huachuca, AZ 85613-7017. Send comments and recommendations bye-mail to ATZS-FDTD@hua.army.mil. Follow the DA Form 2028 format or submit an electronic DA Form 2028.
Unless otherwise stated, masculine nouns and pronouns do not refer exclusively to men. Use of the terms ''he'' and ''him'' in this manual should be read as referring to both males and females unless otherwise expressly noted.
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FM 2-22.3
PART ONE
HUMINT Support, Planning, and Management
HUMINT collection activities include three general categories: screening, interrogation, and debriefing. In some cases these may be distinguished by legal distinctions between source categories such as between interrogation and debriefing. In others, the distinction is in the purpose of the questioning. Regardless of the type of activity, or goal of the collection effort, HUMINT collection operations must be characterized by effective support, planning, and management.
Chapter 1
Introduction
INTELLIGENCE BATTLEFIELD OPERATING SYSTEM 1-1. The Intelligence battlefield operating system (BOS) is one of seven operating systems–Intelligence, maneuver, fire support, air defense, mobility/countermobility/survivability, combat service support (CSS), and command and control-that enable commanders to build, employ, direct, and sustain combat power. The Intelligence BOS is a flexible force of Intelligence personnel, organizations, and equipment. Individually and collectively, these assets generate knowledge of and products portraying the enemy and the environmental features required by a command planning, preparing, executing, and assessing operations. Inherent within the Intelligence BOS is the capability to plan, direct, and synchronize intelligence, surveillance, and reconnaissance (ISR) operations; collect and process information; produce relevant intelligence; and disseminate intelligence and critical information in an understandable and presentable form to those who need it, when they need it. As one of the seven disciplines of the Intelligence BOS, HUMINT provides a capability to the supported commander in achieving information superiority on the battlefield.
INTELLIGENCE PROCESS
1-2. Intelligence operations consist of the functions that constitute the
intelligence process: plan, prepare, collect, process, produce, and the
common tasks of analyze, disseminate, and assess that occur throughout
the intelligence process. Just as the activities of the operations process
overlap and recur as circumstances demand, so do the functions of the
intelligence process. Additionally, the analyze, disseminate, and assess tasks
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of the intelligence process occur continuously throughout the intelligence process. (See Figure 1-1.)
• Plan. This step of the intelligence process consists of activities that include assessing the situation, envisioning a desired outcome (also known as setting the vision), identifying pertinent information and intelligence requirements, developing a strategy for ISR operations to satisfy those requirements, directing intelligence operations, and synchronizing the ISR effort. The commander's intent, planning guidance, and commander's critical information requirements (CCIRs) (priority information requi~ements [PIRs] and friendly force
<
information requirements [FFIRsD drive the planning of intelligence operations. Commanders must involve their supporting staff judge advocate (SJA) when planning intelligence operations (especially HUMINT operations). Planning, managing, and coordinating these operations are continuous activities necessary to obtain information and produce intelligence essential to decisionmakirig.
•
Prepare. This step includes those staff and leader activities that take place upon receiving the operations plan (OPLAN), operations order (OPORD), warning order (WARNO), or commander's intent to improve the unit's ability to execute tasks or missions and survive on the battlefield.

•
Collect. Recent ISR doctrine necessitates that the entire staff, especially the G3/S3 and G2/S2, must change their reconnaissance and surveillance (R&S) mindset to conducting ISR. The staff must carefully focus ISR on the CCIR but also enable the quick re-tasking of units and assets as the situation changes. This doctrinal requirement ensures that the enemy situation, not just our OPLAN, "drives" ISR operations. Well-developed procedures and carefully planned flexibility to support emerging targets, changing requirements, and the need to support combat assessment are critical. The G3/S3 and G2/S2 play a critical role in this challenging task that is sometimes referred to as "fighting ISR" because it is so staff intensive during planning and execution (it is an operation within the operation). Elements of all units on the battlefield obtain information and data about enemy forces, activities, facilities, and resources as well as information concerning the environmental and geographical characteristics of a particular area.

•
Process.· This step converts relevant information into a form suitable for analysis, production, or immediate use by the commander. Processing also includes sorting through large amounts of collected information and intelligence (multidiscipline reports from the unit's ISR assets, lateral and higher echelon units and organizations, and non-MI elements in the battlespace). Processing identifies and exploits that information which is pertinent to the commander's intelligence requirements and facilitates situational understanding. Examples of processing include developing film, enhancing imagery, translating a document from a foreign language, converting electronic data into a standardized report that can be analyzed by a system operator, and

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correlating dissimilar or jumbled information by assembling like elements before the information is forwarded for analysis.
• Produce. In this step, the G2/S2 integrates evaluated, analyzed, and interpreted information from single or multiple sources and disciplines into finished intelligence products. Like collection operations, the G2/S2 must ensure the unit's information processing and intelligence production are prioritized and synchronized to support answering the collection requirements.
COMMANDER Facilitates Situational Understanding t Relevant Information (which includes Intelligence) ASSESS isa continuous function The Operations Process ~ provides guidance and focus which drives the Intelligence Process t ~ Commander's ANALYZE, DISSEMINATE, and ASSESS are continuous functions The Intelligence Process provides continuous intelligence input essential to the Operations Process
Intent
Figure 1-1. Intelligence Process.

1-3. For more information on the Intelligence process, see FM 2-0.
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HUMAN INTELLIGENCE
1-4. HUMINT is the collection of information by a trained HUMINT collector (military occupational specialties [MOSs] 97E, 351Y [formerly 351C], 351M [formerly 351E], 35E, and 35F), from people and their associated documents and media sources to identify elements, intentions, composition, strength, dispositions, tactics, equipment, personnel, and capabilities. It uses human sources as a tool and a variety of collection methods, both passively and actively, to gather information to satisfy the commander's intelligence requirements and cross-cue other intelligence disciplines.
1-5. HUMINT tasks include but are not limited to
•
Conducting source operations.

•
Liaising with host nation (HN) officials and allied counterparts.

•
Eliciting information from select sources.

•
Debriefing US and allied forces and civilian personnel including refugees, displaced persons (DPs), third-country nationals, and local inhabitants.

•
Interrogating EPWs and other detainees.

•
Initially exploiting documents, media, and materiel.

Note. In accordance with Army regulatory and policy guidance, a select set of intelligence personnel may be trained and certified to conduct certain HUMINT tasks outside of those which are standard for their primary MOS. Such selection and training will qualify these personnel to conduct only those specific additional tasks, and will not constitute qualifications as a HUMINT collector.
HUMINT SOURCE
1-6. A HUMINT source is a person from whom information can be obtained. The source may either possess first-or second-hand knowledge normally obtained through sight or hearing. Potential HUMINT sources include threat, neutral, and friendly military and civilian personnel. Categories of HUMINT sources include but are not limited to detainees, refugees, DPs, local inhabitants, friendly forces, and members of foreign governmental and non-governmental organizations (NGOs).
HUMINT COLLECTOR
1-7. For the purpose of this manual, a HUMINT collector is a person who is specifically trained and certified for, tasked with, and engages in the collection of information from individuals (HUMINT sources) for the purpose of answering intelligence information requirements. HUMINT collectors specifically include enlisted personnel in MOS 97E, Warrant Officers (WOs) in MOS 351M (351E) and MOS 351Y (351C), commissioned officers in MOS 35E and MOS 35F, select other specially trained MOSs, and their Federal civilian employee and civilian contractor counterparts. These specially trained and certified individuals are the only personnel authorized to conduct HUMINT collection operations, although CI agents also use HUMINT collection techniques in the conduct of CI operations. HUMINT
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collection operations must be conducted in accordance with applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 231O.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. Additional policies and regulations apply to management of contractors engaged in HUMINT collection. (See Bibliography for additional references on contractor management.) HUMINT collectors are not to be confused with CI agents, MaS 97B and WO MaS 351L (351B). CI agents are trained and certified for, tasked with, and carry out the mission of denying the enemy the ability to collect information on the activities and intentions of friendly forces. Although personnel in 97E and 97B MOSs may use similar methods to carry out their missions, commanders should not use them interchangeably. See Figure 1-2 for HUMINT and CI functions.
PHASES OF HUMINT COLLECTION
1-8. Every HUMINT questioning session, regardless of the methodology used or the type of operation, consists of five phases. The five phases of HUMINT collection are planning and preparation, approach, questioning, termination, and reporting. They are generally sequential; however, reporting may occur at any point within the process when critical information is obtained and the approach techniques used will be reinforced as required through the questioning and termination phases.
Planning and Preparation
1-9. During this phase, the HUMINT collector conducts the necessary research and operational planning in preparation for a specific collection effort with a specific source. Chapter 7 discusses this phase in detail.
Approach
1-10. During the approach phase, the HUMINT collector establishes the conditions of control and rapport to gain the cooperation of the source and to facilitate information collection. Chapter 8 discusses approach and termination strategies in detail.
Questioning
1-11. During the questioning phase, the HUMINT collector uses an interrogation, debriefing, or elicitation methodology to ask a source questions systematically on relevant topics, collect information in response to the intelligence tasking, and ascertain source veracity. Chapter 9 discusses questioning techniques in detail. (See Appendix B for a source and reliability matrix.)
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FM 2-22.3 _

HUMINT ROLE • Determine -Capabilities -Order of Battle -Vulnerabilities -Intentions TARGET • Adversary Decisionmaking Architecture FUNCTIONS • HUMINT Collection Activities -Tactical Questioning -Screening -Interrogation -Debriefing -Liaison -Human Source Operations -DOCEX -CEE Operations • Analysis -Link Diagrams -Patterns COUNTERINTELLIGENCE ROLE • Detect • Identify • Exploit • Neutralize TARGET • Adversary Intelligence Activities FUNCTIONS • Collection -Contact Operations -Tactical Source Operations • Investigation -Incidents -Anomalies • Operation -Agent Operations • Analysis -Link Diagrams -Patterns

Figure 1-2. HUMINT and CI Functions.
Termination
1-12. During the termination phase, the HUMINT collector completes a questioning session and establishes the necessary conditions for future collection from the same source by himself or another HUMINT collector. (See Chapter 8.)
Reporting
1-13. During the reporting phase, the HUMINT collector writes, edits, and submits written, and possibly oral, reports on information collected in the course of a HUMINT collection effort. These reports will be reviewed, edited, and analyzed as they are forwarded through the appropriate channels. Chapter 10 discusses reporting in detail.

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HUMINT COLLECTION AND RELATED ACTIVITIES
1-14. HUMINT collection activities include these categories: tactical questioning, screening, interrogation, debriefing, liaison, human source contact operations (SCOs), document exploitation (DOCEX), and captured enemy equipment (CEE) operations. DOCEX and CEE operations are activities supported by HUMINT collection but usually are only conducted by HUMINT collectors when the CEE or captured enemy document (CED) is associated with a source being questioned. In some cases, these determinations may depend on legal distinctions between collection methods such as interrogation and debriefing. In others, the distinction is in the purpose of the questioning. For example, screening is used to identify the knowledgeability and cooperation of a source, as opposed to the other activities that are used to collect information for intelligence purposes.
1-15. The activities may be conducted interactively. For example, a HUMINT collector may be screening a potential source. During the course of the screening, the HUMINT collector identifies that the individual has information that can answer requirements. He might at that point debrief or interrogate the source on that specific area. He will then return to screening the source to identify other potential areas of interest.
1-16. HUMINT collection activities vary depending on the source of the information. Once the type of activity has been determined, leaders use the process of plan, prepare, execute, and assess to conduct the activity. The following are the different types of HUMINT collection activities.
TACTICAL QUESTIONING
1-17. Tactical questioning is expedient initial questioning for information of immediate tactical value. Tactical questioning is generally performed by members of patrols, but can be done by any DOD personnel. (See ST 2-91.6.)
SCREENING
1-18. Screening is the process of identifying and assessing the areas of knowledge, cooperation, and possible approach techniques for an individual who has information of intelligence value. Indicators and discriminators used in screening can range from general appearance, possessions, and attitude to specific questions to assess areas of knowledge and degree of cooperation to establish if an individual matches a predetermined source profile. Screening is not in itself an intelligence collection technique but a timesaving measure that identifies those individuals most likely to have information of value.
1-19. Screening operations are conducted to identify the level of knowledge, level of cooperation, and the placement and access of a given source. Screening operations can also assist in the determination of which discipline or agency can best conduct the exploitation. Chapter 6 discusses screening in detail. Screening operations include but are not limited to
•
Mobile and static checkpoint screening, including screening of refugees and DPs.

•
Locally employed personnel screening.

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•
Screening as part of a cordon and search operation.

•
EPW and detainee screening.

INTERROGATION
1-20. Interrogation is the systematic effort to procure information to answer specific collection requirements by direct and indirect questioning techniques of a person who is in the custody of the forces conducting the questioning. Some examples of interrogation sources include EPWs and other detainees. Interrogation sources range from totally cooperative to highly antagonistic. Interrogations may be conducted at all echelons in 'all operational environments. Detainee interrogation operations conducted at a Military Police (MP) facility, coalition-operated facility, or other agency-operated collection facility are more robust and require greater planning, but have greater logistical support. Interrogations may only be conducted by personnel trained and certified in the interrogation methodology, including personnel in MOSs 97E, 351M (351E), or select others as may be approved by DOD policy. Interrogations are always to be conducted in accordance with the Law of War, regardless of the echelon or operational environment in which the HUMINT collector is operating.
DEBRIEFING
1-21. Debriefing is the process of questioning cooperating human sources to satisfy intelligence requirements, consistent with applicable law. The source usually is not in custody and usually is willing to cooperate. Debriefing may be conducted at all echelons and in all operational environments. The primary categories of sources for debriefing are refugees, emigres, DPs, and local civilians; and friendly forces.
•
Refugees, Emigres, DPs, and Local Civilians Debriefing Operations. Refugee, emigre, and DP debriefing operations are the process of questioning cooperating refugees and emigres to satisfy intelligence requirements. The refugee mayor may not be in custody, and a refugee or emigre's willingness to cooperate need not be immediate or constant. Refugee debriefings are usually conducted at refugee collection points or checkpoints and may be conducted in coordination with civil affairs (CA) or MP operations. Local civilian debriefing operations are the process of questioning cooperating local civilians to satisfy intelligence requirements. As with refugees and emigres, the local civilians being debriefed mayor may not be in custody and the civilian's willingness to cooperate may not be immediate or constant. Debriefing operations must be conducted consistent with applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs.

•
Friendly Force Debriefing Operations. Friendly force debriefing operations are the systematic debriefing of US forces to answer

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collection requirements. These operations must be coordinated with US units. (See Chapter 6.)
LIAISON OPERATIONS
1-22. Liaison operations are programs to coordinate activities and exchange information with host country and allied military and civilian agencies and NGOs.
HUMAN SOURCE CONTACT OPERA'rIONS
1-23. Human SCO are operations directed toward the establishment of human sources who have agreed to meet and cooperate with HUMINT collectors for the purpose of providing information. Within the Army, SCO are conducted by trained personnel under the direction of military commanders. The entire range of HUMINT collection operations can be employed. SCO sources include one-time contacts, continuous contacts, and formal contacts from debriefings, liaison, and contact operations. SCO consist of collection activities that utilize human sources to identify attitude, intentions, composition, strength, dispositions, tactics, equipment, target development, personnel, and capabilities of those elements that pose a potential or actual threat to US and coalition forces. SCO are also employed to develop local source or informant networks that provide early warning of imminent danger to US and coalition forces and contribute to the Military Decision-Making Process (MDMP). See Chapter 5 for discussion of approval, coordination, and review for each type of activity.
DOCEX OPERATIONS
1-24. DOCEX operations are the systematic extraction of information from open, closed, published, and electronic source documents. These documents may include documents or data inside electronic communications equipment, including computers, telephones, Personal Digital Assistants (PDAs), and Global Positioning System (GPS) terminals. This operation is not solely a HUMINT function, but may be conducted by any intelligence personnel with appropriate language support.
1-25. Many CEDs are associated with EPWs and other human sources. Consequently, a HUMINT collector is often the first person to screen them. HUMINT collectors will screen the documents associated with human sources and will extract information of use to them in their immediate collection operation. Any information discovered during this initial screening that might cross-cue another collection effort will be forwarded to the appropriate unit.
1-26. A captured document is usually something that the enemy has written for his own use. For this reason, captured documents are usually truthful and accurate. There are cases in which falsified documents have been permitted to fall into enemy hands as a means of deception but these cases are not the norm. Normal policy of not relying on single-source information should help prevent deceptions of this type from being effective. Documents also do not forget or misinterpret information although it must be remembered that their authors may have. Usually, each document provides a portion of a
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larger body of information. Each captured document, much like a single piece of a puzzle, contributes to the whole. In addition to tactical intelligence, technical data and political indicators that are important to strategic and national level agencies can sometimes be extracted from captured documents. Captured documents, while not affected by memory loss, are often time sensitive; therefore, they are to be quickly screened for possible exploitation.
CEE OPERATIONS
1-27. CEE includes all types of foreign and non-foreign materiel found on a detainee or on the battlefield that may have a military application or answer a collection requirement. The capturing unit must
• Recognize certain CEE as having immediate intelligence value, and immediately forward such CEE to the unit's S2. Such items include
•
All electronic communications equipment with a memory card, including computers, telephones, PDAs, and GPS terminals.

•
All video or photographic equipment.

•
Recognize certain CEE as having technical intelligence (TECHINT) value. Such items include

•
New weapons.

• All communications equipment not immediately exploitable for HUMINT value.
•
Track vehicles.

•
Equipment manuals.

• All CEE known or believed to be of TECHINT interest.
•
Evacuate the equipment with the detainee.

•
Confiscate, tag, and evacuate weapons and other equipment found on the detainee the same as CEDs. (See Appendix D.)

•
Secure and report the capture of TECHINT items to the unit's S2 for disposition instructions.

TRAITS OF A HUMINT COLLECTOR
1-28. HUMINT collection is a science and an art. Although many HUMINT collection skills may be taught, the development of a skilled HUMINT collector requires experience in dealing with people in all conditions and under all circumstances. Although there are many intangibles in the definition of a "good" HUMINT collector, certain character traits are invaluable:
• Alertness. The HUMINT collector must be alert on several levels while conducting HUMINT collection. He must concentrate on the information being provided by the source and be constantly evaluating the information for both value and veracity based on collection requirements, current intelligence, and other information obtained from the source. Simultaneously, he must be alert not only to what the source says but also to how it is said and the accompanying body language to assess the source's truthfulness, degree of cooperation, and current mood. He needs to know when to give the source a break and
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when to press the source harder. In addition, the HUMINT collector
constantly must be alert to his environment to ensure his personal
security and that of his source.
•
Patience and Tact. The HUMINT collector must have patience and tact in creating and maintaining rapport between himself and the source, thereby enhancing the success of the questioning. Displaying impatience may

•
Encourage a difficult source to think that if he remains unresponsive for a little longer, the HUMINT collector will stop questioning.

•
Cause the source to lose respect for the HUMINT collector, thereby reducing the HUMINT collector's effectiveness.

•
Credibility. The HUMINT collector must provide a clear, accurate, and professional product and an accurate assessment of his capabilities. He must be able to clearly articulate complex situations and concepts. The HUMINT collector must also maintain credibility with his source. He must present himself in a believable and consistent manner, and follow through on any promises made as well as never to promise what cannot be delivered.

•
Objectivity and Self-control. The HUMINT collector must also be totally objective in evaluating the information obtained. The HUMINT collector must maintain an objective and dispassionate attitude regardless of the emotional reactions he may actually experience or simulate during a questioning session. Without objectivity, he may unconsciously distort the information acquired. He may also be unable to vary his questioning and approach techniques effectively. He must have eJj:ceptional self-control to avoid displays of genuine anger, irritation, sympathy, or weariness that may cause him to lose the initiative during questioning but be able to fake any of these emotions as necessary. He must not become emotionally involved with the source.

•
Adaptability. A HUMINT collector must adapt to the many and varied personalities which he will encounter. He must also adapt to all types of locations, operational tempos, and operational environments. He should try to imagine himself in the source's position. By being adaptable, he can smoothly shift his questioning and approach techniques according to the operational environment and the personality of the source.

•
Perseverance. A tenacity of purpose can be the difference between a HUMINT collector who is merely good and one who is superior. A HUMINT collector who becomes easily discouraged by opposition, noncooperation, or other difficulties will not aggressively pursue the objective to a successful conclusion or exploit leads to other valuable information.

•
Appearance and Demeanor. The HUMINT collector's personal appearance may greatly influence the conduct of any HUMINT collection operation and attitude of the source toward the HUMINT collector. Usually an organized and professional appearance will favorably influence the source. If the HUMINT collector's manner

1-11
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reflects fairness,strength, and efficiency, the source may prove more cooperative and more receptive to questioning.
• Initiative. Achieving and maintaining the initiative are essential to a successful questioning session just as the offensive is the key to success in combat operations. The HUMINT collector must grasp the initiative and maintain it throughout all questioning phases. This does not mean he has to dominate the source physically; rather, it means that the HUMINT collector knows his requirements and continues to direct the collection toward those requirements.
REQUIRED AREAS OF KNOWLEDGE
1-29. The HUMINT collector must be knowledgeable in a variety of areas in
order to question sources effectively. The collector must prepare himself for
operations in a particular theater or area of intelligence responsibility
(AOIR) by conducting research. The G2 can be a valuable source of
information for this preparatory research. The HUMINT collector should
consult with order of battle (OB) technicians and analysts and collect
information from open sources and from the Secret Internet Protocol Router
Network (SIPRNET) to enhance his knowledge of the AOIR. Some of these
areas of required knowledge are
•
The area of operations (AO) including the social, political, and economic institutions; geography; history; language; and culture of the target area. Collectors must be aware of all ethnic, social, religious, political, criminal, tribal, and economic groups and the interrelationships between these groups.

•
All current and potential threat forces within the AOIR and their organization, equipment, motivation, capabilities, limitations, and normal operational methodology.

•
Applicable law and policy that might affect HUMINT collection activities. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. HUMINT collectors are subject to applicable law, which includes US law, the law of war (including the Geneva Conventions as applicable), and relevant international law. Additionally, local agreements with HNs or allies and the applicable execute orders and rules of engagement (ROE) may further restrict HUMINT collection activities. However, these documents cannot permit interrogation actions that would be illegal under applicable US or international law.

•
The collection requirements, including all specific information requirements (SIRs) and indicators that will lead to the answering of the intelligence requirements.

•
Cultural awareness in the various AOs will have different social and regional considerations that affect communications and can affect the conduct of operations. These may include social taboos, desired behaviors, customs, and courtesies. The staff must include this information in pre-deployment training at all levels to ensure that personnel are properly equipped to interact with the local populace.

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1-30. There are other areas of knowledge that help to develop more effective questioning:
•
Proficiency in the target language. The HUMINT collector can normally use an interpreter (see Chapter 11) and machine translation as they are developed to conduct questioning. Language proficiency is a benefit to the HUMINT collector in a number of ways: He can save time in questioning, be more aware of nuances in the language that might verify or deny truthfulness, and better control and evaluate interpreters.

•
Understanding basic human behavior. A HUMINT collector can best adapt himself to the source's personality and control of the source's reactions when he understands basic behavioral factors, traits, attitudes, drives, motivations, and inhibitions. He must not only understand basic behavioral principles but also know how these principles are manifested in the area and culture in which he is operating.

•
Neurolinguistics. Neurolinguistics is a behavioral communication model and a set of procedures that improve communication skills. The HUMINT collector should read and react to nonverbal communications. He must be aware of the specific neurolinguistic clues of the cultural framework in which he is operating.

CAPABILITIES AND LIMITATIONS
CAPABILITIES 1-31. HUMINT collection capabilities include-the ability to
•
Collect information and cross-cue from an almost endless variety of potential sources including friendly forces, civilians, detainees, and source-related documents.

•
Focus on the collection of detailed information not available by other means. This includes information on threat intentions and local civilian and threat force attitudes and morale. It also includes building interiors and facilities that cannot be collected on by other means due to restrictive terrain.

•
Corroborate or refute information collected from other R&S assets.

•
Operate with minimal equipment and deploy in all operational environments in support of offensive, defensive, stability and reconstruction operations, or civil support operations. Based on solid planning and preparation, HUMINT collection can provide timely information ifdeployed forward in support of maneuver elements.

1-13
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LIMITATIONS
1-32. HUMINT collection limitations include
•
Interpersonal abilities. HUMINT is dependent on the subjective interpersonal capabilities of the individual rather than on the abilities to operate collection equipment. HUMINT collection capability is based on experience within a specific AO that can only be developed over time.

•
Identification of knowledgeable sources. There is often a multitude of potential HUMINT sources. Information in respop.se to specific requirements can only be collected if sources are available and identified that have that information.

•
Limited numbers. There are never enough HUMINT collectors to meet all requirements. Limited assets must be prioritized in support of units and operations based on their criticality.

•
Time limitations. HUMINT collection, particularly source operations, takes time to develop. Collection requirements must be developed with sufficient lead-time for collection.

•
Language limitations. Although HUMINT collectors can normally use an interpreter, a lack of language proficiency by the collector can significantly slow collection efforts. Such language proficiency takes time to develop.

•
Misunderstanding of the HUMINT mission. HUMINT collectors are frequently used incorrectly and assigned missions that belong to CA, MP, interpreter or translators, CI, or other operational specialties.

•
Commanders' risk management. Maneuver commanders, in weighing the risks associated with employing HUMINT collection teams (HCTs), should seriously consider the potential loss of a wealth of information such as enemy activities, locations of high-value personnel, and threats to the force that they will incur if they restrict HCT collection activities. J/G2Xs, operational management teams (OMTs), and HCT leaders must educate maneuver commanders on the benefits of providing security for HCTs and employing them in accordance with their capabilities.

•
Legal obligations. Applicable law and policy govern HUMINT collection operations. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. HUMINT operations may be further restricted by Status of Forces Agreements (SOFAs) and other agreements, execute orders and ROE, local laws, and an operational umbrella concept. Such documents, however, cannot permit interrogation actions that are illegal under applicable law.

•
Connectivity and bandwidth requirements. With the exception of the size, activity, location, unit, time, equipment (SALUTE) report, most HUMINT reporting requires considerable bandwidth. Deployed

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HUMINT teams must be able to travel to, and report from, all areas of the battlefield. Digital communication equipment must be able to provide reliable connectivity with teams' reporting channels and sufficient bandwidth for transmission of reports, including digital imagery.
• Timely reporting and immediate access to sources. Except in tactical situations when HUMINT collectors are in immediate support of maneuver units, HUMINT collection and reporting takes time. In stability and reconstruction operations, sources need to be assessed and developed. Once they are developed, they need to be contacted which often takes time and coordination. In offensive and defensive operations, HUMINT collection at detainee holding areas sometimes may still be timely enough to meet tactical and operational requirements. See paragraphs 3-2 and 3-7 for more information on offensive and defensive operations.
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FM 2-22.3
Chapter 2
Human Intelligence Structure
ORGANIZATION AND STRUCTURE
2-1. The success of the HUMINT collection effort depends on a complex interrelationship between command and control (C2) elements, requirements, technical control and support, and collection assets. Each echelon of command has its supporting HUMINT elements although no MI organization in the Army is robust enough to conduct sustained HUMINT operations under all operational environments using only its organic HUMINT assets. HUMINT units have specific support requirements to the commander. HUMINT units must be flexible, versatile, and prepared to conduct HUMINT collection and analysis operations in support of any echelon of command. A coherent C2 structure within these HUMINT organizations is necessary in order to ensure successful, disciplined, and legal HUMINT operations. This structure must include experienced commissioned officers, warrant officers, and senior NCOs conscientiously discharging their responsibilities and providing HUMINT collectors with guidance from higher headquarters.
2-2. Regardless of the echelon, there are four basic elements that work together to provide the deployed commander with well-focused, thoroughly planned HUMINT support. The four elements are staff support, analysis, C2, and collection. Each piece of the infrastructure builds on the next and is based on the size, complexity, and type of operation as shown in Figure 2-1.
Figure 2-1. Tactical HUMINT Organization.
6 September 2006
HUMINT CONTROL ORGANIZATIONS
2-3. HUMINT control organizations are the means by which a commander exercises command of a unit's operations. HUMINT control organizations are vital to "the effective use of HUMINT collection assets. HUMINT control organizations consist of the C/J/G/S2X and the HUMINT operations cell (HOC) at the brigade and above level and the OMTs at the battalion and below level.
C/J/G/S2X
2-4. The C/J/G/S2X is a staff element subordinate to the 'C/J/G/S2, is the primary advisor on HUMINT and CI, and is the focal point for all HUMINT and CI activities within a joint task force (JTF) (J2X), an Army component task force (G2X) or a brigade combat team (BCT) (S2X). The 2X can be organic to the unit staff or can be attached or under operational control (OPCON) to the staff from another organization such as the theater MI brigade. The C/J/G/S2X is part of a coherent architecture that includes organic HUMINT assets and HUMINT resources from national, theater, and non-DOD HUMINT organizations.
2-5. The C/J2X is responsible for controlling Joint Force HUMINT assets, coordinating all HUMINT and CI collection activities, and keeping the joint force C/J/2 informed on all HUMINT and CI activities conducted in the joint force area of responsibility (AOR). The C/J2X is also part of the review and recommendation process concerned with the retention or release of detainees. HUMINT reports maintained at the C/J2X are considered during the review for release process. The C/J2X consists of the 2X Officer, a HOC, a Counterintelligence Coordination Authority (CICA), a HUMINT Analysis Cell (HAC), and a CI Analysis Cell (CIAC). At all echelons, the 2X should also include an Operational Support Cell (OSC) staffed to operate 24 hours a day. The authority and operational responsibilities of a C/J2X in combined or joint contingency operations (CONOP) takes precedence over service-specific CI and HUMINT technical control agencies. Specifically, the C/J/G/S2X
• Accomplishes technical control and support, and deconfliction of all HUMINT and CI assets through the Army component G2X, the HUMINT and CI operations sections, or the OMTs.
•
Participates in planning for deployment of HUMINT and CI assets in support of operations.

•
Coordinates, through the HOC and the CICA, all HUMINT and CI activities to support intelligence collection and the intelligence aspects of force protection for the deployed commander.

•
Coordinates and deconflicts all HUMINT and CI operations within the operational area.

•
Coordinates with the senior US national intelligence representative for specific operational approval when required by standing agreements.

•
Is the release authority for HUMINT reporting at his echelon and only releases reports to the all-source system after ensuring all technical control measures for reporting have been met.

6 September 2006
______________________________FM 2-22.3
•
Coordinates with other HUMINT collection agencies not under the control of the command, such as Defense Intelligence Agency (DIA), Central Intelligence Agency (CIA), and Federal Bureau of Investigation (FBI).

•
Does not exercise OPCON over HUMINT and CI assets assigned, attached, or reinforcing the unit; however, he is the staff support responsible for creating a cohesive HUMINT and CI effort.

•
Coordinates with non-DOD agencies conducting HUMINT collection operations in the joint area of operations (JAO) to ensure deconfliction of sources, informants, or contacts and the HUMINT reporting that is generated by these collection operations.

2-6. The J2X will maintain technical control (see para 4-10) of all CI investigative actions within its AOIR; however, all investigative matters will be in accordance with DOD policies, joint or Military Department doctrine, applicable US law and policy, SOFAs, or other International Standardization Agreements (ISAs). The J2X will advise the responsible Theater CICA (TCICA) of any Army CI element conducting investigative activities that fall under the purview of AR 381-20.
OPERATIONS SUPPORT CELL (OSC) 2-7. The OSC in the C/J/G/S2X staff will maintain the consolidated source registry for all HUMINT and CI activities in. the unit's designated AOIR. The OSC will provide management of intelligence property book operations, source incentive programs, and intelligence contingency funds (lCFs) for subordinate HUMINT and CI elements. The OSC responsibilities also include requests for information (RFIs) and/or source-directed requirements (SDRs) management and the release of intelligence information reports (I1Rs).
COUNTERINTELLIGENCE COORDINATION AUTHORITY
2-8. The CICA is assigned under the J/G2X and coordinates all CI activities within its designated AOIR. (See FM 34-60 for a detailed explanation of the CI mission.) The CICA
•
Provides technical support to all CI assets and coordinates and deconflicts CI activities in the deployed AOIR.

•
Coordinates and supervises CI investigations and collection activities conducted by all services and components in the AOIR.

•
Establishes and maintains the theater CI source database.

•
Coordinates with the HOC for CI support to detention, interrogation, refugee, and other facilities.

•
Manages requirements and taskings for CI collectors in the AO in coordination with the HOC.

•
Expedites preparation of .CI reports and their distribution to consumers at all levels.

•
Coordinates CI activities with senior CI officers from all CI organizations on the battlefield.

6 September 2006 2-3
•
Performs liaison with HN and US national level CI organizations.

•
Informs the appropriate TCICA .when Army CI. elements are conducting CI investigative activities within the purview ofAR 381-20.

HUMINT OPERATIONS CELL
2-9. The HOC is assigned under the J/G2X to track all HUMINT activities in the AOIR. The J/G2X uses this information to advise the senior intelligence officer (SIO) on all HUMINT activities conducted within the AOIR. The HOC
•
Provides technical support to all HUMINT collection' operations and deconflicts HUMINT collection operations in the designated AOIR.

•
Establishes and maintains a consolidated HUMINT source database in coordination with the CICA.

•
Coordinates with collection managers and the HAC to identify collection requirements and to ensure requirements are met.

•
Coordinates the activities of HUMINT collectors assigned or attached to interrogation, debriefing, refugee, DOCEX, and other facilities.

•
Manages requirements and taskings for HUMINT collectors in the AOIR, in coordination with the CICA.

•
Expedites preparation of intelligence reports and their distribution to consumers at all levels.

•
Performs liaison with HN and US national HUMINT organizations.

OPERATIONAL MANAGEMENT TEAM
2-10. A HUMINT OMT consists of senior individuals in MOS 351M (351E) and MOS 97E. Each OMT can control 2 to 4 HCTs depending upon assigned mission and operational tempo (OPTEMPO). The OMT performs a necessary function when two or more HCTs deploy by assisting the HUMINT element commander in tasking and providing technical support to assigned or attached HCTs. The OMT is optimally collocated with the command post (CP) of the supported unit. However, it must be located where it can provide oversight of team operations and best support the dissemination of tasking, reports, and technical data between the unit and the deployed collection assets. When a higher echelon augments subordinate elements with collection teams, it should include proportional OMT augmentation. When a single collection team is attached in direct support (DS) of a subordinate element, the senior team member exerts mission and technical control over the team. The OMT
•
Provides operational and technical control and guidance to deployed HCTs.

•
Normally consists of a WO and noncommissioned officers (NCOs) whose experience and knowledge provide the necessary guidance for effective team collection operations.

•
Manages the use of ICFs and incentives for the HCTs.

•
Provides the collection focus for HCTs.

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•
Provides quality control and dissemination of reports for subordinate HCTs.

•
Directs the activities of subordinate HCTs and controls their operations.

•
Conducts limited single-discipline HUMINT analysis and mission analysis for the supported commander.

• Acts   as a conduit between subordinate HCTs, the HOC, and the C/J/G/S2X.
•      Reports the HCT mission and equipment status to the HOC and the command element.
HUMINT COLLECTION TEAM
2-11. HCTs are the elements that collect information from human sources. The HUMINT collectors deploy in teams of approximately four personnel in MaS 97E (HUMINT Collector) and MaS 351M (351E) (HUMINT Technician).
2-12. The HCT may be augmented based on factors of mission, enemy, terrain and weather, troops and support available, time available, and civil considerations (METT-TC). Interpreters from the RC or civilian contractors with appropriate security clearances are added when necessary. TECHINT personnel or other specific subject-matter experts (SMEs) may augment the team to meet technical collection requirements. Another example would be pairing HUMINT collectors with dedicated analysts to provide sharper focus to the interrogation effort. In fixed detention facilities, these HUMINT collector or analyst relationships may become more enduring. Commanders are not encouraged to mix HUMINT collectors and CI agents on a single team. Doing so seriously undermines the ability to conduct both the HUMINT collection and CI missions simultaneously. However, commanders may find times when METT-TC factors make it reasonable to augment a CI team with HUMINT support for a mission, or vice versa.
COMMAND DEBRIEFING TEAM
2-13. A command debriefing team is normally not a table of organization and equipment (TOE) organization but may be task organized to meet mission requirements. This task-organized team is normally OPCON to the HOC. Although more prevalent during stability and reconstruction operations, senior personnel will often acquire information of intelligence interest during the normal course of their duties. The HUMINT collection assets, particularly at division echelon or higher, will normally task organize a team of more senior, experienced individuals to debrief these senior unit personnel. In offensive and defensive operations, this same team is prepared to interrogate high-value detainees (including EPWs) or debrief senior civilians. The command debriefing team should not be confused with the G2/S2 debriefing program, which also is critical and is an important conduit of information.
DOCUMENT EXPLOITATIO~TEAM
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2-14. DOCEX teams are normally found at theater and national level organizations. Lower echelon HCTs may also be designated to perform the DOCEX mission based upon mission parameters and linguist availability. However, if organic assets are used, there will be a mission tradeoff. Dependent on the priority of exploitation and volume of documents, HCTs assigned the DOCEX mission may be augmented by military, civilian, or contractor personnel to accomplish their assigned mission. During operations, the DOCEX team will normally screen documents, extract information, and expedite the evacuation of documents to the Joint or Theater Document Exploitation Facility.
HUMINT ANALYSIS AND PRODUCTION ORGANIZATIONS 2-15. HUMINT analysis and production organizations analyze information collected from HUMINT sources; support the requirements management (RM) system, and produce single-discipline intelligence products. HUMINT analysis and production are conducted at all echelons, separate brigades, and higher. (See Chapter 12 for a description of the HUMINT analysis system and methodologies.)
HUMINT ANALYSIS CELL
2-16. The HAC is part of the J/G2X; however, it may be collocated with an analysis and control element (ACE) or Joint Intelligence Support Element (JISE) single-source enclave depending on facilities and operational environment considerations. The HAC works closely with the all-source intelligence elements and the CIAC to ensure that HUMINT reporting is incorporated into the all-source analysis and common operational picture (COP). The HAC is the "fusion point" for all HUMINT reporting and operational analysis in the JISE and ACE. It determines gaps in reporting and coordinates with the RM to cross-cue other intelligence sensor systems. The HAC-
•
Produces    and disseminates HUMINT products and provides input to intelligence summaries (lNTSUMs).

•
Uses analytical tools found at the ACE or JISE to develop long-term analyses and provides reporting feedback that supports the HOC, OMTs, and HCTs.

•
Provides analytical expertise to the C/J/G/S2X, HOC, and OMTs.

•
Produces country and regional studies tailored to HUMINT collection.

•
Compiles target folders to assist C/J/G/S2X assets in focusing collection efforts.

•
Analyzes and reports on trends and patterns found in HUMINT reporting.

•
Analyzes source reliability and credibility as reflected in reporting and communicates that analysis to the collector.

•
Develops and maintains databases specific to HUMINT collection activities.

•
Produces HUMINT requirements.

•
Answers HUMINT-related RFIs.

•
Identifies collection gaps and provides context for better collection at their echelon.

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_______________________________FM 2-22.3
JOINT INTERROGATION AND DEBRIEFING CENTER ANALYSIS SECTION 2-17. This section ensures that all members of the Joint Interrogation and Debriefing Center (JIDC) (see para 5-102) are aware of the current situation through the distribution of INTSUMs and products from external agencies. The Analysis Section also supports the JIDC by
•
Providing situation update briefings to all facility personnel every 12 hours.

•
Preparing research and background packets and briefings for interrogations and debriefings.

•
Developing indicators for each intelligence requirement to support screening operations.

•
Conducting single-discipline HUMINT analysis based on collected information to support further collection efforts.

•
Correlating reports produced by the JIDC to facilitate analysis at higher levels.

•
Answering RFIs from interrogators and formulating RFIs that cannot be answered by the analytical section on behalf of the interrogators.

•
Reviewing IIRs and extracting information into analysis tools tailored to support the interrogation process.

•
Pursuing products and resources to support the interrogation effort.

HUMINT ANALYSIS TEAM 2-18. The HUMINT analysis team (HAT) is subordinate to the G2 ACE. The HAT supports the G2 in the development of IPB products and in developing and tailoring SIRs to match HUMINT collection capabilities.
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FM 2-22.3
Chapter 3
HUMINT in Support of Army Operations
3-1. Army doctrine for full spectrum operations recognizes four types of military operations: offensive, defensive, stability and reconstruction, and civil support. Missions in any environment require the Army to conduct or be prepared to conduct any combination of these operations. HUMINT assets will be called on to provide information in support of all four operations. Simultaneous operations, for example elements of a force conducting offensive operations while other elements are engaged in stability and reconstruction operations, will cause a similar division of the limited HUMINT assets based on METT-TC.
OFFENSIVE OPERATIONS
3-2. Offensive operations aim at destroying or defeating the enemy. Rapid maneuver, constantly changing situations, and a vital need for intelligence support at the point of contact influence HUMINT missions during offensive operations. The guiding principle to the use of HUMINT in support of offensive operations is to minimize the time between when friendly forces encounter potential sources (detainees, refugees, and local civilians) and when a HUMINT collector screens them.
3-3. During offensive operations, at echelons corps and below, HCTs normally operate in the engaged maneuver brigades' AOs and are further deployed in support of maneuver battalions based on advice from the OMTs. These collection assets may be in general support (GS) of the parent brigade or in DS of the maneuver battalions, reconnaissance squadrons, and other forward-deployed maneuver assets. The HCTs and their supporting control structure are deployed in accordance with METT-TC based on three principles:
•
The relative importance of that subordinate element's operations to the overall parent unit's scheme of maneuver and the overall ISR plan.

•
The potential for that subordinate element to capture detainees, media and materiel, or to encounter civilians on the battlefield.

•
The criticality of information that could be obtained from those sources to the success of the parent unit's overall OPLANs.

3-4. HUMINT missions in support of offensive operations include screening and interrogating EPWs and other detainees, questioning and debriefing civilians in the supported unit's AO, and conducting DOCEX, limited to extracting information of immediate tactical value. EAC assets normally support offensive operations through theater interrogation and debriefing facility operations and mobile interrogation teams. These facilities are better equipped to conduct in-depth interrogations and DOCEX, so it is imperative
6 September 2006
that EPWs and other detainees who will be evacuated to theater facilities be transported there as soon as possible.
HUMINT IN SUPPORT OF FORCED ENTRY OPERATIONS
3-5. Forced entry operations (FEOs) are offensive operations conducted to establish an initial military presence in a target area in the face of expected enemy opposition. HUMINT collection assets may be able to provide vital information to tactical commanders in the critical early stages of the entry operation. Key considerations for HUMINT support to FEOs include:
•
HUMINT collectors attached or under OPCON of the initial force package to provide HUMINT collection support for the entry force. Collection teams will normally operate in support of battalion-sized or smaller elements. HUMINT collection assets should be integrated early and should participate in all aspects of planning and training, including rehearsals, to smoothly integrate and execute operations.

•
HUMINT assets supporting the entry force must include proportional OMT elements. For example, if 2 to 4 teams are attached to a maneuver brigade, an OMT also needs to be attached. Even if the teams are further attached to maneuver battalions, there must be an OMT at the brigade level to coordinate and control HUMINT collection activities.

•
HCTs and OMTs must be as mobile and as survivable as the entry forces. Team leaders should ensure that the supported unit will be able to provide maintenance support to the team vehicles, as appropriate, in accordance with the support relationship.

•
Attached or OPCON HUMINT teams must have robust communications connectivity with the supported unit and must have reach connectivity through their OMT.

•
HCTs must contain organic or attached language capability in order to conduct HUMINT collection effectively during FEO. It is unlikely that the teams can be augmented with attached civilian interpreters during this type of operation.

HUMINT IN SUPPORT OF EARLY ENTRY OPERATIONS
3-6. Early entry operations differ from FEOs in that early entry operations do not anticipate large-scale armed opposition. Early entry operations establish or enhance US presence, stabilize the situation, and shape the environment for follow-on forces. HUMINT collection provides critical support to defining the operational environment and assessing the threat to US forces. The considerations listed above for FEOs apply equally to early entry operations.
DEFENSIVE OPERATIONS
3-7. Defensive operations defeat an enemy attack, buy time, economize
forces, hold the enemy in one area while attacking in another, or develop
conditions favorable for offensive operations. Forces conducting defensive
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FM 2-22.3
operations must be able to identify rapidly the enemy's main effort and rapidly assess the operational conditions to determine the timing of counteroffensive or other operations. HUMINT support to defensive operations centers on the ability to provide the forward-deployed maneuver commander with information and intelligence of immediate tactical value. HUMINT assets should be placed in the AO of the forward elements to minimize the time between when friendly forces encounter potential sources (detainees, refugees, local civilians) and when a HUMINT collector screens them. HUMINT collectors are placed where the potential for HUMINT collection and the criticality of the information are greatest.
3-8. In defensive operations, it may be necessary to divide the HUMINT assets equally among the subordinate elements to provide area coverage until the primary enemy threat is identified. The HUMINT C2 elements (team leader, OMTs, and unit C2) must be prepared to task organize rapidly and shift resources as the situation dictates, based on the changing situation and higher headquarters FRAGO. HUMINT missions in defensive operations normally include interrogation of detainees, refugee debriefings, and assisting in friendly force patrol debriefings.
STABILITY AND RECONSTRUCTION OPERATIONS
3-9. Stability and reconstruction operations sustain and exploit security and control over areas, populations, and resources. They employ military and civilian capabilities to help establish order that advances US interests and values. The immediate goal often is to provide the local populace with security, restore essential services, and meet humanitarian needs. The longterm goal is to help develop indigenous capacity for securing essential services, a viable market economy, rule of law, democratic institutions, and robust civil society. Stability and reconstruction operations involve both coercive and cooperative actions. They may occur before, during, and after offensive and defensive operations; however, they also occur separately, usually at the lower end of the range of military operations. The primary focus of the HCTs during stability and reconstruction operations is to answer the commander's information requirements (IRs) and provide support to force protection. In stability and reconstruction operations, the HUMINT collectors must be able to maintain daily contact with the local population. The nature of the threat in stability operations can range from conventional forces· to terrorists and organized crime and civil disturbances. Consequently, intelligence requirements can vary greatly. Examples of HUMINT collection requirements include TECHINT to support arms control; extensive political information and demographic data; order of battle (OB) regarding several different former warring factions during peace operations; or extremely detailed target data. HUMINT collectors also help to ascertain the feelings, attitudes, and activities of the local populace. Stability and reconstruction operations may be conducted in coordination with other US departments and agencies, and in conjunction with other countries and international organizations.
3-10. Centralized management and databasing are key to successful
HUMINT operations. The HUMINT assets may operate in GS to the parent
unit or operate in the AO of subordinate elements of the parent unit. For
6 September 2006
example, in a division AO, the HCTs would normally operate in DS to the division but each team would normally have an AOIR that corresponds to the AO of the division's brigades or battalion task forces.· There is close coordination between the HUMINT staff officer (C/J/G/S2X) and the OMTs to synchronize HUMINT operations properly, to develop the overall threat awareness, and to deconflict sources. The HCTs screen and debrief contacts to increase the security posture of US forces, to provide information in response to command collection requirements, and to provide early warning of threats to US forces. They may also interrogate detainees if permitted to do so by the mission-specific orders and in accordance with applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs.
3-11. Many stability and reconstruction operations are initiated with the establishment of a lodgment or base area. There is a subsequent expansion of operations to encompass the entire AO. The general concept of an HCT's operation is that of a two-phased effort. In the initial phase, the HCT establishes concentric rings of operations around the US forces starting from the supported unit's base of operations and working outward. Each ring is based on the threat environment and the commander's need to develop his knowledge of the tactical situation. The second, or continuation phase, begins once the initial information collection ring is established. The initial ring is not abandoned but rather is added to as the HCT shifts its focus to expand and establish the second and successive rings. The amount of time spent establishing each ring is situationally dependent.
INITIAL PHASE
3-12. The initial phase of stability and reconstruction operations is used to lay the foundation for future team operations. In general, the priority of effort is focused inward on security. The HCT conducts initial and follow-up screenings of locally employed personnel, to establish base data for subsequent source operations. The supported unit S2, with the assistance of the HUMINT team leader, establishes procedures to debrief reconnaissance and surveillance assets operating in the supported unit AO, as well as regular combat patrols or logistics convoys. The HCT lays the groundwork for future collection efforts by establishing liaison with local authorities, as well as developing plans and profiles for HUMINT collection. While establishing the initial and subsequent rings, the HCT actively seeks to collect PIR information, whether it pertains to the current ring or any other geographic location.
CONTINUATION PHASE
3-13. Following the initial phase, the HCT's focus shifts outward. While the HCT continues performing HUMINT collection and analysis functions within the base camp, it also expands its collection effort to outside the base camp to answer the supported unit's requirements. During the continuation phase, the HCT conducts contact operations with local personnel who may be able to
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FM 2-22.3
provide information of interest to the local commander or to satisfy the requirements of the tasking or request. The RCT also conducts liaison with local authorities, coalition forces (if present), NGOs, and others whose knowledge or activities may affect the success of the US mission. Any time the RCT is outside the base camp, it must be careful to observe the local population and report what it sees. The activities and attitudes of the general population will often have an effect on the commander's decisions on how to conduct US missions in the area.
LEVELS OF EMPLOYMENT 3-14. RCTs may be employed with varying degrees of contact with the local population. As the degree of contact with the population increases, the quantity and diversity of RUMINT collection increases. In many instances, however, there is a risk to the RCT inherent with increased exposure to the local population. The ability of the RCT members to fit in with the local populace can become very important to their safety. Consequently, the commander should consider exceptions to the ROE, as well as relaxed grooming and uniform standards, to help RCT members blend in and provide additional security. Commanders must consider the culture in which the RCT members will be operating. In some cultures, bearded men are more highly respected than clean-shaven men. Relaxing grooming standards for RCTs in these situations will support the team's ability to collect information. The decision regarding what level to employ an RCT is METTTC dependent. The risk to the collection assets must be balanced with the need to collect information and to protect the force as a whole. The deployment and use of RUMINT collection assets may be limited by legal restrictions, mission-specific orders, directions from higher headquarters, and the overall threat level. The four basic levels of employment for the RCT are discussed below. Figure 3-1 shows these levels as well as their collection potential versus team security.
Base Camp .• Restricting the RCT to operations within the base camp minimizes the risk to the team. This action, however, minimizes the collection potential and maximizes the risk to the force as a whole. While restricted to a base camp, the RCT can maintain an extremely limited level of information collection by
• Interviewing walk-in sources and locally employed personnel.
• Debriefing combat and ISR patrols.
•
Conducting limited local open-source information collection.

•
This mode of deployment should be used only when dictated by operational restrictions. These would be at the initial stages of stability and reconstruction operations when the operational environment is being assessed, or as a temporary expedient when the force protection level exceeds the ability to provide reasonable protection for the collectors. A supported unit commander is often tempted to keep the RCT "inside the wire" when the force protection ·level or threat

6 September 2006
condition (THREATCON) level increases. The supported unit and parent commanders must compare the gains of the HCT collection effort with the risks posed. This is necessary especially during high THREATCON levels when the supported unit commander needs as complete a picture as possible of the threat arrayed against US or multinational forces.
HI C p o 0 L T L E E N C T T I I A o L N HI SECURITY TO THE TEAM LO
Figure 3-1. Team Level of Employment.

Integrated with Other Operations
•
Under some circumstances, when it is not expedient to deploy the HCT independently due to threat levels or other restrictions, it can be integrated into other ongoing operations. The HCT may be employed as part of a combat patrol, ISR patrol, or in support of an MP patrol or stationed at a checkpoint or roadblock. It can also be used to support CA, psychological operations (PSYOP), engineer, or other operations. This method reduces the risk to the team while greatly increasing its collection potential over the confined-to-base-camp method. It has the advantage of placing the team in contact with the local population and allowing it to spot, assess, and interact with potential sources of information.

•
The integration into other operations can also facilitate the elicitation of information. However, this deployment method restricts collection by subordinating the team's efforts to the requirements, locations, and timetables of the unit or operation into which it is integrated. Integration can be done at the team or individual collector level. HUMINT collectors should be used only in situations with an

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FM 2-22.3
intelligence collection potential. It is a waste of a valuable asset to use them in a function that could be performed by a civilian translator.
As an Independent Patrol
•
Defensive. One of the key elements of the RCT success is the opportunity to spot, assess, and develop relationships with potential sources of information. Operating as independent patrols, without being tied to ISR or combat assets, enables the RCTs maximum interaction with the local population, thereby maximizing the pool of potential sources of information. The RCT must be integrated into the supported unit's ISR plan and be provided with other command elements as needed to support the collection mission. The team leader will advise the supported unit on the specific capabilities and requirements of the team to maximize mission success. This method also increases the risk to the team. RCT members must carry the necessary firepower for self-protection. They must also have adequate communications equipment to call for help if needed. The team's posture, equipment, and appearance will be dictated by overall force restrictions and posture. When operating as an independent patrol, the RCT should not stand out from overall US forces operations. If US forces are in battle-dress uniforms and operating out of military vehicles, so should the RUMINT collectors.

•
Soft. If the threat situation is such that soldiers are authorized to wear civilian clothes when outside base areas, the RUMINT collectors should also move among the civilian population in civilian clothes, so that they do not stand out from others in the area.

CIVIL SUPPORT OPERATIONS 3-15. Army support supplements the efforts and resources of state and local governments and organizations. If a presidential declaration initiates civil support for a major disaster or emergency, involvement of DOD intelligence components would be by exception. Civil support requires extensive coordination and liaison among many organizations-interagency, joint, AC, and RC-as well as with state and local governments, and in any case will require compliance with the Posse Comitatus Act, 18 U.S.C., § 1385, when US forces are employed to assist Federal, state, or local law enforcement agencies (LEAs). The National Response Plan provides a national level architecture to coordinate the actions of all supporting agencies.
MILITARY OPERATIONS IN URBAN ENVIRONMENT
3-16. Units are often task organized with additional ISR units and assets to
meet the detailed collection requirements in the urban operations. The
complexities ofurban terrain cause degradation in the capabilities of many of
the sensor systems. RUMINT collectors may have to be placed in DS of lower
echelon combat maneuver forces (battalion and lower) to support operations.
RUMINT and combat reporting by units in direct contact with threat forces
and local inhabitants becomes the means of collection. For successful ISR
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planning, the S2 must be aware of the capabilities and limitations of the various organic and attached collection systems as they apply to urban operations. As in .all environments, commanders must assess the risk involved in the forward deployment of HUMINT assets.
3-17. In urban operations, people (for example, detainees and civilians) are the preeminent source of information. HUMINT collection provides information not otherwise available through signals intelligence (SIGINT) and imagery intelligence (IMINT) such as threat and local population intentions. They collect information on, for example, floor plans, defensive plans, locations of combatants and noncombatants, includin&, civilians in the buildings and surrounding neighborhoods, and other iriformation. The collected information is passed directly to the individuals conducting the combat operation.
3-18. In small-scale contingencies (SSCs) and· in peacetime military engagements (PMEs), contact with local officials and populace by the HUMINT collectors can be a prime source of information about the local environment and is a vital component of intelligence support to force protection. During routine patrolling of urban areas it is often expedient to place a HUMINT collector with individual patrols. The key difference between urban and other operations, from major theater war (MTW) to PME, is the number of HUMINT collectors required. The need for HUMINT collectors is a function of population density. Whereas in a rural environment, a HUMINT team may be able to cover an area in excess of 1,200 square kilometers; the same team in a dense urban environment may be able to cover only 10 square blocks or less.
HUMINT COLLECTION ENVIRONMENTS
HUMINT COLLECTION IN A PERMISSIVE ENVIRONMENT
3-19. In a permissive environment, HCTs normally travel throughout their specific AOR as separate teams or as part of a larger reconnaissance team. HUMINT collectors may frequently make direct contact with the individual, view the activity, or visit the area that is the subject of the ISR effort. They normally use debriefing and elicitation to obtain first-hand information from local civilians and officials as their primary collection techniques. Additional information can be obtained from exploitation of open-source material such as newspapers, television, and other media. The priority requirements in this environment are normally linked to force protection. HCTs should establish liaison and casual source contacts throughout their AOIR. Reporting is normally via IIRs, although SALUTE reports are used for critical timesensitive reporting. Even in a permissive environment, the HUMINT collector conducts the majority of his collection through the debriefing of individuals who have first-hand knowledge of the information they are reporting.
6 September 2006
FM 2-22.3
HUMINT COLLECTION IN A SEMI-PERMISSIVE ENVIRONMENT
3·20. In a semi-permissive environment, security considerations increase, but the risk to the collector still must be weighed against the potential intelligence gain. HCTs should still be used throughout their AOIR but will normally be integrated into other ground reconnaissance operations or other planned operations. For example, a HUMINT collector may accompany a CA team or PSYOP team visiting a village. Security for the team and their sources is a prime consideration. The HCTs are careful not to establish a fixed pattern of activity and arrange contacts in a manner that could compromise the source or the collector. Debriefing and elicitation are still the primary collection techniques. Teams are frequently deployed to conduct collection at roadblocks, refugee collection points, and detainee collection points. They may conduct interrogations of EPWs and other detainees within the limits of the mission-specific orders, and applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 231O.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. DOCEX is also used to accomplish exploitation of threat documents. Reporting is normally via SALUTE report and IlR.
HUMINT COLLECTION IN A HOSTILE ENVIRONMENT
3-21. In a hostile environment, the three concerns for HUMINT collection are access to the sources of information, timeliness of reporting, and security for the HUMINT collectors. Prior to the entry of a force into a hostile AO, HUMINT collectors are used to debrief civilians, particularly refugees, and to interrogate EPWs and other detainees who have been in the AO. HCTs are normally located with the friendly units on the peripheries of the AO to facilitate timely collection and reporting. If a refugee or EPW/detainee population exists prior to this mission, they are screened to determine knowledgability of the AO and are debriefed or interrogated as appropriate. HUMINT collectors accompany the friendly ground reconnaissance elements as they enter the AO. As part of the ground reconnaissance force, they interrogate EPWs and other detainees and debrief refugees, displaced persons, and friendly force patrols. Reporting is normally via oral or written SALUTE reports with more detailed information reported via IlRs. They may also support the S2 through the systematic debriefing of friendly ground reconnaissance assets and the translation of any documents collected by them.
EACHUMINT
MI BRIGADES AND MI GROUPS SUPPORTING COMPONENT COMMANDS
3-22. Each SCC with an outside continental United States (OCONUS) responsibility has an US Army Intelligence and Security Command (INSCOM) MI brigade or group to provide operational HUMINT support to that command. These MI elements provide peacetime support to the unified
6 September 2006
command and add a consistent, forward-deployed presence in a particular theater of operations. Theater MI brigade and group assets provide HUMINT support during contingency operations. These HCTscan support a JTF, an army combatant command, or any deployed element that requires augmentation.
JOINT, COMBINED, AND DOD HUMINT ORGANIZATIONS 3-23. The Departments of the Air Force and the Navy have limited HUMINT collection capability. They will normally provide strategic debriefing trained and certified personnel to joint interrogation and debriefing facilities primarily to collect information on areas of particular interest to that Military Department. Within the Department of the Navy, however, the US Marine Corps has a robust tactical HUMINT collection capability that operates primarily in support of engaged Marine Corps forces. Marine expeditionary elements deploy with human exploitation teams (HETs) that provide organic HUMINT and CI support to the deployed Marine force. Marine HETs are rapidly deployable and fully equipped to conduct the full range of tactical HUMINT and CI functions. They can provide support to either the deployed Marine force or as part of JTF HUMINT or CI teams. Each Marine Expeditionary Force (MEF) has organic HETs. HETs can also be attached to a Marine Air-Ground Task Force (MAGTF) for a particular operation.
SUPPORT AGENCIES
3-24. HUMINT agencies from DOD, national level intelligence agencies, and
LEAs can support the battlefield commander. In a JTF, a national
intelligence support team (NIST) works with the J2X to coordinate national
level activities with JTF and component HUMINT and analytical assets.
Sometimes liaison officers (LNOs) are assigned directly to the C/J/2X to
facilitate collection activities.
•
Defense Intelligence Agency (DIA). The DIA is a DOD combat support (CS) agency and an important member of the United States Intelligence Community. With more than 7,000 military and civilian employees worldwide, DIA is a major producer and manager of foreign military intelligence. DIA provides military intelligence to warfighters, defense policymakers and force planners in DOD and the Intelligence Community in support of US military planning and operations and weapon systems acquisition.

•
Defense HUMINT (DH) Service. The DH Service, a branch of the DIA, is the force provider for strategic HUMINT forces and capabilities. During operations, elements from DR form a partnership within the supported JTF headquarters J2X element for the coordination and deconfliction of HUMINT source-related collection activities. DH support to a joint force is outlined in the classified DIAM 58-11 and DIAM 58-12.

•
Central Intelligence Agency (CIA). The CIA supports US national security policy by providing accurate, evidence-based, comprehensive, and timely foreign intelligence related to national security. The CIA

6 September 2006 6 September 2006
FM 2-22.3
conducts CI activities, HUMINT collection, special activities, and other functions related to foreign intelligence and national security as directed by the President. Joint Pub 2-01.2 (S//NF) contains details of CIA contributions to the deployed force.
•
Department of State. The State Department's Bureau of Diplomatic Security provides CI support to diplomatic missions worldwide and gathers extensive information on intelligence capabilities of adversaries within that diplomatic mission's area of concern. The Bureau of Intelligence and Research is the State Department's primary source for interpretive analysis of global developments. It is also the focal point in the State Department for all policy issues and activities involving the Intelligence Community.

•
National Security Agency (NSA). The NSA is a DOD agency that coordinates, directs, and performs highly specialized activities to protect US information systems and produce foreign intelligence information. It is also one of the most important centers of foreign language analysis and research within the Government.

•
Defense Criminal Investigative Service (DCIS). The DCIS is the criminal investigative arm of the Inspector General (IG) of DOD. The DCIS's mission is to protect America's warfighters by initiating, conducting, and supervising investigations in support of crucial National Defense priorities.

•
Department of Justice:

•
Federal Bureau of Investigation. The FBI may provide the deployed commander with national level expertise on criminal and CI issues if currently operating in a task force (TF) AO and liaison is established early.

•
Drug Enforcement Agency (DEA). The DEA provides counterdrug operational expertise to a deployed TF and coordinates its operations with those of a deployed TF.

• Department of Homeland Security (DHS). The DHS mission is to prevent terrorist attacks within the United States, reduce the vulnerability of the United States to terrorism, protect the homeland, its citizens, and critical infrastructure and key resources against terrorist attack. DHS provides a lead for Federal incident response, management, and recovery in the event of terrorist attack and natural disasters. The Secretary of Homeland Security is the principal Federal official for domestic incident management. Pursuant to the Homeland Security Act of 2002, the Secretary is responsible for coordinating Federal operations within the United States to prepare for, respond to, and recover from terrorist attacks, major disasters, and other emergencies. DHS operates the Homeland Security Operations Center (HSOC) and the DHS-led Interagency Incident Management Group (IIMG). The DHS AOR is the US and its territories. DHS secures and protects the entry points to the nation, the areas between the entry points, land and water, for people, and cargo or conveyances. DHS enforces immigration, customs, and transportation security laws and
regulations, counter-narcotics, counterfeiting, financial crimes, and threats to the President. As legislated in the Homeland Security Act of 2002, DHS is chartered as the primary outreach Fed'eral activity for state, local, and tribal governments, and the private sector. Although DHS has no direct role in support of a ''battlefield commander" outside the United States, DHS component organizations have representatives deployed in support of US Government missions in the US Central Command (USCENTCOM) AOR.
•
Department ofEnergy (DOE). The DOE can assist with the

•
Exploitation of weapons of mass destruction (WMD). '

•
Protection or elimination of weapons and weapons-useable (dualuse) nuclear material or infrastructure.

•
Redirection of excess foreign weapons expertise to civilian enterprises.

•
Prevention and reversal of the proliferation ofWMD.

•
Reduction of the risk of accidents in nuclear fuel cycle facilities worldwide.

•
The capability enhancement of WMD detection including nuclear, biological, and chemical (NBC).

•
National Geospatial Intelligence Agency (NGA). The NGA is a member of the US Intelligence Community and a DOD Combat Support Agency. NGA provides timely, relevant, and accurate geospatial intelligence in support of national security objectives. Geospatial intelligence is the exploitation and analysis of imagery and geospatial information to describe, assess, and visually depict physical features and geographically referenced activities on the Earth.

•
Counterintelligence Field Agency (CIFA). The mission of CIFA is to develop and manage DOD CI programs and functions that support the protection of the Department. These programs and functions include CI support to protect DOD personnel, resources, critical information, research and development programs, technology, critical infrastructure, economic security, and US interests against foreign influence and manipulation, as well as to detect and neutralize espionage against the Department.

3-25. Most potential coalition partners have some type of HUMINT capability. Less developed nations may use HUMINT as their primary collection system and may be quite skilled in HUMINT operations. These assets will be present on the battlefield, and US assets are likely to work with them. HCTs should perform regular liaison with coalition HUMINT personnel. It is likely that some coalition partners will be more knowledgeable of the culture in the AO and be able to share insights with US HCTs.
6 September 2006
FM 2-22.3
Chapter 4
HUMINT Operations Planning and Management
4-1. HUMINT operations planning and management are supported by a robust structure that includes staff elements such as the C2X when working with non-US forces at the Joint intelligence staff level, G2X at the Division, Corps intelligence staff, the HUMINT operations section in the MI Battalion, and HAT in the Division and Corps ACE. It also includes C2 elements at the MI battalion, company, platoon, and team levels. The OMT provides the first level of staff and C2 functions when two or more HCTs deploy in support of an operation. (See Table 4-1.)
Table 4-1. HUMINT Operations.
ECHELON ISR PLANNING TECHNICAL SUPPORT AND DECONFLICTION MISSION EXECUTION
COMBINED C2/ACE C2X10MT MICDR
JOINT J2/ACE J2X10MT MICDR (AMIB or MI Battalion)
CORPS/DIVISION G2/ACE G2X/OMT MI CDRlOMT
BRIGADE S2 MI CDRlOMT MI CDRlOMT

HUMINT AND THE OPERATIONS PROCESS 4-2. Following the operations process defined in FM 3-0, Chapter 6, there are four components within HUMINT operations: Plan, Prepare, Execute, and Assess.
PLAN
4-3. HUMINT planning defines collection objectives, when to collect it, and which resources will be tasked to do the collection. Commanders with HUMINT collection assets in their units receive collection tasking based on requirements developed during ISR planning. The commander and staff, in concert with their supporting OMTs, assess the requirements and task the team or teams best capable of answering the requirement based on contact placement and access.
4-4. Another aspect to consider carefully during the Plan phase of the operational cycle is technical control. Technical control is ensuring adherence to existing policies and regulations, providing information and guidance of a technical nature, and supervising the MaS-specific TTP required in
6 September 2006
conducting collection missions. Planning must take into account that technical control does not interfere with or supersede any C2 that a commander has over an asset or unit nor does it interfere with collection of the commander's requirements. For HUMINT collectors, the technical control network includes the C/J/G/S2X, the HOC, and OMTs. Technical control includes the management of source and other sensitive data and databases, the management of intelligence contingency and incentive funds, the liaison with other HUMINT organizations, and the deconfliction of operations. Technical control provides HCTs with specific requirements and data that they need to conduct operations and, in certain circumstances, specific instructions on how to execute missions.
PREPARE
4-5. During this phase, commanders and staff, including HUMINT management sections, review HUMINT mission plans. This review is to ensure all areas of the mission are considered and addressed in the plan and included in rehearsals. Items to cover include but are not limited to–
•
Route (primary and alternate).

•
Communications.

•
Security plan.

•
Convoy procedures including actions on contact and rally points.

•
Initial requirements to be covered.

•
Mission duration.

4~6. The HUMINT collector then researches the topic area addressing the requirement and prepares a questioning plan. The HCTs and OMTs must coordinate all mission requirements. It is important that HUMINT elements are included in all rehearsals conducted by their supported unit. These rehearsals will enable HCTs to carry out essential coordination with other units and ensure that they are included in and familiar with procedures such as resupply, communications, casualty evacuation, fire support, and fratricide avoidance. Rehearsals and briefbacks will allow the supported command to see and correct problems with their support to the HUMINT elements prior to deployment.
EXECUTE
4-7. Mission execution consists of the collection of information in accordance with the integrated ISR plan. The requirements manager validates the requirements based on command guidance. The G3 tasks the requirements to the units and the individual asset managers (that is, OMT) to identify the assets best capable to answer the requirement. When requirements are levied against a specific HCT, the HCT leader decides which of his team's contacts can best answer the requirements. He then turns the requirement into specific team tasks.
ASSESS
4-8. Assessment is the continuous monitoring-throughout planning, preparation, and execution-of the current situation and progress of an
6 September 2006
_______________________________FM 2-22.3
operation, and the evaluation of it against criteria of success to make decisions and adjustments. Assessment plays an integral role in all aspects of the intelligence process (see FM 2-0).
HUMINT COMMAND AND CONTROL
4-9. Commanders of organizations that conduct HUMINT operations are responsible for task organization, mission tasking, execution, mission accomplishment, and designation of subordinate AOs (within the guidelines of the OPORD or OPLAN). MI unit commanders who exercise direct control of HUMINT operations, including interrogation operations, at all levels are responsible for and stand accountable to ensure HUMINT collection activities comply with this manual and applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. The MI unit commanders must ensure mission accomplishment by properly allocating resources and logistics in support of all HUMINT collection assets assigned to their units. Commanders must ensure that their HUMINT collection personnel are trained and ready for the mission. There is a need for a partnership between the J/G2X, who exercises technical direction and oversight responsibility and the MI commander, who exercises direct command authority and responsibility. The MI unit commander analyzes the higher headquarters mission, concept of operations, and the specified and implied tasks given to his unit. He restates the unit mission, designs the concept of operations, task organizes his assets, and provides support to subordinate units. Specifically, the MI unit commandel'
•
Issues mission orders with sufficient details and time for subordinate commanders and leaders to plan and lead their units.

•
Must know the threat, his organization, ISR systems, counter-ISR systems, operations, and terrain over which his units will operate and how that terrain enhances or limits HUMINT collection operations.

•
Must be aware of the operational and technical limitations of his unit and ensures that all assets are task organized, properly positioned, and fully synchronized to accomplish the mission.

•
Oversees the collective and individual training within his unit.

•
Coordinates continuously with the higher headquarters staff, the supported maneuver unit staff, and other commanders to ensure integrated R&S operations and support.

•
Establishes clear, consistent standards and guidance for current and future operations in order to adhere to policy and the higher headquarters commander's intent without his constant personal supervision.

•
Continually assesses his unit's ability to sustain its internal operations and its ability to support assigned missions and keeps the higher headquarters staff informed of unit, equipment, and personnel status that affect collection operations.

6 September 2006
• Advises his higher headquarters commander and staff on the capabilities, limitations, and most effective employment of his assets.
•
Remains flexible during operations to adjust or execute missions upon receipt of new orders and when the situation changes.

•
Ensures personnel are working within legal, regulatory, and policy guidelines.

TECHNICAL CONTROL
4-10. Technical control refers to superVlSlon of the TTP of HUMINT collection. Technical control ensures adherence to existing policies or regulations and provides technical guidance for HUMINT operations. The elements that provide technical control also assist teams in translating collection requirements into executable tasks. Commanders rely on the expertise of intelligence personnel organic to their unit and within higher echelons to plan, execute, and assess the HUMINT collection effort. The OMTs, HATs, and the HOC of the C/J/G/S2X provide technical control. They
•
Define and manage operational coverage and direction.

•
Identify critical collection criteria such as indicators associated with targeting.

•
Prioritize collection missions III accordance with collection requirements.

• Advise teams on collection techniques and procedures in accordance with policy, regulations, and law.
•
Register and deconflict sources.

•
Conduct operational reviews.

• Advise commanders.
•
Conduct operational coordination with staff elements and other intelligence agencies.

•
Manage ICF and incentive usage.

COMMAND AND SUPPORT RELATIONSHIPS
4-11. The activities of HUMINT assets are governed by their command or support relationship. There are subtle differences in the Joint versus the Army description of some of the command and support relationships. Tables 4-2 through 4-4 show these relationships.
4-12. During interrogation operations, close coordination must occur between intelligence personnel and personnel responsible for detainee operations including MP security forces, Master at Arms, and other individuals providing security for detainees. The facility commander is responsible for all actions involving the humane treatment, custody, evacuation, and administration of detainees, and force protection. Whereas, the intelligence commander is responsible for the conduct of interrogation operations.
6 September 2006
_______________________________FM 2-22.3
COMMAND AND SUPPORT RELATIONSHIPS FOR HUMINT OPERATIONS
4-13. Clear command and support relationships are fundamental in organizing for all operations. These relationships identify responsibilities and authorities among subordinate and supporting units. The commander designates command and support relationships within his authority to weight the decisive operation and support his scheme of maneuver. Some forces available to a commander are given command or support relationships that limit his authority to prescribe additional relationships. Command and support relationships carry with them varying responsibilities to the subordinate unit by parent and gaining units. By knowing the inherent responsibilities, a commander may organize his forces to establish clear relationships.
4-14. Command relationships establish the degree of control and responsibility commanders have for forces operating under their tactical control (TACON). When commanders establish command relationships, they determine if the command relationship includes administrative control (ADCON). Table 4-2 shows Army command and support relationships and Table 4-3 shows joint command relationships chart from FM 3-0 (derived from JP 0-2 and JP 3-0).
4-15. Support relationships define the purpose, scope, and effect desired when one capability supports another. Support relationships establish specific responsibilities between supporting and supported units. Table 4-2 shows Army command and support relationships and Table 4-4 shows joint support relationships from FM 3-0 (derived from JP 0-2 and JP 3-0).
HUMINT REQUIREMENTS MANAGEMENT
4-16. The G2/S2 is responsible for RM. He uses the requirements management (RM) process to orchestrate the actions of the unit's organic and supporting ISR capabilities into a unified effort to gain situational understanding and answer the commander's PIRs. Through centralized planning and decentralized execution, RM optimizes the integration of ISR operations into the commander's scheme of maneuver and fire and into the unit's long-and short-range planning. Control mechanisms within the RM structure facilitate the identification of information shortfalls and the redirection of ISR assets to new intelligence production, reconnaissance, or surveillance missions.
6 September 2006
FM 2-22.3 Table 4-2. Army Command and Support Relationships. INHERENT RESPONSIBILITIES ARE:

Attached Has Command Relationship with: MayBe Task Organized by: Receives CSS from: Assigned Position or AOBy: Provides Liaison To: Establishesl Maintains Communications with: Has Priorities Established by: Gaining Unit Can Impose Further Command or Support Relationshi of:
Gaining unit Gaining unit Gaining unit Gaining unit As required by gaining unit Unit to which attached Gaining unit Attached; OPCON; TACON;GS; GSR;R;DS
table cell
Parent unit
table cell
and gaining
OPCONc z c( Gaining unit unit; gaining unit may pass OPCONto Parent unit Gaining unit Asrequired by gaining unit As required by gaining unit and parent unit Gaining unit OPCON; TACON;GS; GSR;R;DS
== 10werHQ.
==0 u TACON Note 1
Gaining unit Parent unit Parent unit Gaining unit As required by gaining unit As required by gaining unit and parent unit Gaining unit GS;GSR;R;DS
table cell
As re-
Assigned Parent unit Parent unit Parent unit Gaining unit quired by parent As required by parent unit Parent unit Not Applicable
table cell
unit
Direct Support (OS) Parent unit Parent unit Parent unit Supported unit Supported unit Parent unit; Supported unit Supported unit Note 2
Reinforcing (R) Parent unit Parent unit Parent unit Reinforced unit Reinforced unit Parent unit; reinforced unit Reinforced unit: then parent unit Not Applicable
Ii;:
0 D. D. General::» en Support Reinforc-ing(GSR) Parent unit Parent unit Parent unit Parent unit Reinforced unit and as required by parent unit Reinforced unit and as required by parent unit Parent unit; then reinforced unit Not Applicable
General Support (GS) Parent unit Parent unit Parent unit Parent unit As required by parent unit As required by parent unit Parent unit Not Applicable

NOTE 1. In NATO, the gaining unit may not task organize a multinational unit (see TACON).
NOTE 2. Commanders of units in DS may further assign support relationships between their subordinate units and elements of the supported unit after coordination with the supported commander.
6 September 2006
(from FM 3-0, derived from JP 0-2 and JP 3-0)
cell
·If;relationShils:
cell
…..Inherent
Responsibilities

Are: COCOM

OPCON
TACON

Has command

Gaining combatant Gaining Command
Gaining Command

Relationship with:

commander; gaining

service component

commander

May be task organized Gaining combatant Gaining Command
Parent Unit by:
commander; gaining

service component

commander

Receives logistic Gaining service Service component
Parent Unit support from:
component
command; parent unit commander Assigned position or
Gaining component Gaining Command
Gaining Command AOb:
commander Provides liaison to:
As required by gaining As required by gaining
As required by gaining component
command
command commander Establishes and
As required by gaining As required by gaining
As required by gaining maintains
component command
command and parent communications with:
commander
units Has priorities
Gaining component Gaining Command
Gaining Command established b :
commander Gaining unit can
OPCON; TACON; OPCON; TACON;
Direct support; mutual impose further
direct support; mutual direct support; mutual
support; general command
support; general support; general
support; close support relationship/authority
support; close support
support; close support of:
4-7
6 September 2006
Table 4-4. Joint Support Categories.

(from FM 3-0, derived from Jp. 0-2 and JP 3-0)

CATEGORY DEFINITION
General Support The action given to the supported force as a whole rather than to a particular subdivision thereof.
Mutual Support The action that units render each other against an enemy because of their assigned tasks, their position relative to each other and to the enemy, and their inherent capabilities.
Direct Support A mission requiring a force to support another specific force and authorizing it to answer directly the supported force's request for assistance.
Close Support The action of the supporting force against targets or objectives that are sufficiently near the supported force as to require detailed integration or coordination of the supporting action with fire, movement, or other actions of the supported force.

DEVELOP HUMINT REQUIREMENTS
4-17. The first step in the RM process is to develop intelligence requirements
that accurately identify and prioritize the commander's concerns about the
threat and the battlefield environment that must be resolved to accomplish
the mission. The G2/S2X, or his representative, normally supports the G2/S2
by identifying HUMINT collection requirements and opportunities· and
advises the command and staff on HUMINT capabilities. The HUMINT
representative must be able to discuss any delays or risks involved in using
HUMINT assets. Through participation in the requirements development
process, the HUMINT representative has a thorough understanding of the
commander's intent and concept of operations and is better able to support
the overall ISR effort.
4-18. The analysis of HUMINT requirements is normally a coordinated effort between the HUMINT and CI staff officer (C/J/G/S2X) and the HAT of the supporting analysis element. The C/J/G/S2X team
•
Records all HUMINT requirements whether generated internally (Specific Orders) or received from other echelons or units (Requests).

•
Tracks each requirement from receipt to final satisfaction.

•
Reviews each requirement for its

•
Feasibility. Feasibility is a determination if a requirement can be answered given available time and resources.

•
Completeness. Does the requirement contain all the specifics needed for collection, such as: What the collection requirement is? When the latest time information is of value (LTIOV)? Why it needs to be collected? Who needs the results of the collection?

•
Necessity. The C/J/G/S2X team, with the assistance of the HAT, checks available intelligence databases to determine if the required

6 September 2006
______________________________FM 2-22.3
information has already been collected or is included in an intelligence product.
4-19. The RM team, with the assistance of the C/J/G/S2X team and the HAT, breaks the HUMINT-related PIR into SIRs. Each SIR describes the indicator of threat activity linked to an area or specific location and time. The HOC evaluates
•
Reportable criteria that are linked to the threat activity. The HOC associates these characteristics with a SIR, and compares the characteristics to aparticular HUMINT asset's capability to collect.

•
Range, which is the distance from the current location of the HUMINT asset or resource to the source. In other words, are there sources available that had or have access to relevant information on the area or activity in question, and can the HUMINT team contact them in a timely manner?

• Timeliness, which is when the information must reach the commander
to Qe of value; that is, the LTIOV. 4-20. The RM team, supported by the C/J/G/S2X and the HAT, attempts to answer the SIRs with intelligence products developed from information available within the existing intelligence databases or pulled from other organizations within the intelligence architecture. Ifthe requirement can be answered in this manner, the intelligence is immediately disseminated. When the required information is neither available nor extractable from archived information or from lower, lateral, or higher echelons, the C/J/G/S2X team develops it into an RFI to higher or an ISR tasking for organic or attached HUMINT assets. The compilation of unanswered requirements and how to answer them form the basis of the ISR plan. The tasking may be in the form of an SDR. An SDR is a specific request or tasking for a collector to question a source on a particular collection requirement. This request involves analysis that results in the conclusion that a specific source possibly has the placement and access to answer a SIR. SDRs are specific; whereas, HUMINT collection requirements (HCRs) are general.
DEVELOP THE HUMINT PORTION OF THE INTEGRATED ISR PLAN
4-21. The HOC within the C/J/G/S2X section assists the G3/G2 in developing the HUMINT portion of the ISR plan in coordination with the HAT and the RM team. The HOC ensures that the HUMINT capabilities and taskings are included in the plan although the plan often will not contain the specifics of HUMINT operations due to the sensitivity ofthe sources and techniques. The HOC will coordinate with the Office of the SJA to ensure the HUMINT portion of the integrated ISR plan complies with applicable law and policy prior to its implementation. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 231O.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. The HOC coordinates with C/J/G/S2X for mission deconfliction at that echelon to specify the collection capability and current
6 September 2006
status of the various HUMINT organizations to better enable him to select the "best" organization to collect on various SIRs. HUMINT collection generally requires time to develop the environment and access sources.
4-22. The HUMINT collection environment during an SSC is different from an MTW. During an MTW where the force is moving, a division normally plans 48 hours out; a corps plans 72 hours out. In contrast, the planning focus for units supporting an SSC may be 3 to 6 months out. The longer HCTs are in an area, the better the collector is able to develop leads to answer collection requirements. Requirements may be continuous or may be concerned with specific upcoming events such as national ele,ctions. HUMINT is a key asset to determine adversary intentions; however, it is highly dependent on the ability to cultivate or locate sources with the desired information. HUMINT in support of stability and reconstruction operations is not a short-term undertaking. [Example: National level elections are taking place in the AO in 3 months. As a part of integrated ISR planning, an assessment must be conducted to determine the capability to answer postelection collection requirements based upon current contacts and HUMINT leads. If there are no leads or contacts that could answer election-related collection requirements, it is necessary to spot, assess, and contact sources to meet requirements.]
4-23. A second part of the HUMINT portion of the integrated ISR plan is the HUMINT collection focus, which
•
Designates which collection requirements comprise the emphasis for collectors' missions.

•
Prioritizes collection requirements based upon the operational environment in the AO and future missions in the AO.

•
Includes future operational collection tasks which aid in causing a gap or pause in collection as the unit transitions to the next operational phase or the next operation.

4-24. In addition to specific requirements, a statement of intelligence interest (SIl) at the joint level or a collection emphasis message at division or corps is issued to identify the overall collection goals for a time period. As the collection request or requirement is passed down, each echelon performs additional planning for its own specific requirements.
Evaluate HUMINT Resources
4-25. Mter identifying the SIRs, the HOC and the C/J/G/S2X determine the availability and capability of HUMINT assets and resources that might contribute to requirement satisfaction and which are most suited to collect against each SIR. This does not necessarily imply that the C/J/G/S2X assigns a tasking to a specific team; rather, it develops the requirements or requests for an organization that then executes the mission. The HOC and C/J/G/S2X should also consult the HAT for its analysis of additional potential HUMINT assets and resources which might be available, both on and off the battlefield, to contribute to requirement satisfaction. For example, the HAT may be aware of a group of emigres now living elsewhere who previously lived near a target site, and who might be able to provide answers to collection requirements if debriefed.
6 September 2006
______________________________FM 2-22.3
Determine Asset or Resource Capabilities
4-26. The HOC translates the capabilities and limitations of the available HUMINT assets into a set of factors that they can compare to the SIR characteristics. Asset capability factors are technical or performance characteristics, location, and source access. Each HUMINT asset is evaluated for its
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Availability. The HOC reviews the list of viable HUMINT assets for current'availability and the addition or deletion of capabilities. This includes considerations such as maintenance time and previous taskings. Coordination with adjacent and higher headquarters and national level agencies by the C/J/G/S2X will determine the availability of higher echelon resources.

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Survivability. Survivability must be commensurate with the threats to which the HUMINT assets will be exposed during the course of operations. These assets must be as survivable as, or in certain circumstances more survivable than, the forces they support. The HOC and the commander must weigh the risk versus the gain in using HUMINT assets.

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Reliability. Reliability is the ability of the asset to overcome threat deception measures such as misinformation or false information. In HUMINT there are two areas of reliability: source and collector. Source reliability is the determination on the part of the collector if the source is providing accurate information. Collector reliability is a determination on the part of the HOC that the HUMINT collectors within a particular organization have the level of training and experience to collect against a given requirement.

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Suitability. Tasking must be based on an asset's capability and on its suitability within the context of the overall plan. For example, HUMINT assets may be capable of collecting against a single target but have unique capabilities against a second target. Intelligence requirements may necessitate tasking these HUMINT assets against the second target ifother assets can maintain adequate coverage of the first target.

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Connectivity. Connectivity is a critical aspect of any R&S operation. Interoperability, reliability, and robustness of sensors, communications, and supporting automated data processing (ADP) are crucial to the responsiveness, survivability, and overall combat effectiveness of a HUMINT asset. If the automation and communications systems of a HUMINT asset are dissimilar to those of other units in the AO, or if connectivity among assets, supporting systems, . and supported systems and elements is too fragile to withstand the stress of operations, commanders will be deprived of important information essential to conducting tactical operations. The HUMINT asset must be able to transmit accurate and timely information to those who must receive it when they need it. Report formats should adhere to established standards in order to ensure that information is easily retrieval at the user desktop through automated queries (push/pull). Planners must look carefully at systems compatibility and the degree of interoperability among the components

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of the communications architecture. The better the interoperability of assets and the more robust and redundant the communications links, the better the cross-cueing and analytical exchange.
Develop the Scheme of Support
4-27. The scheme of support is the orchestration of HUMINT assets, resources, and requirements to facilitate the collection of information most effectively. It includes all assets that the G3/S3 can task (organic, attached, and DS) and the G2 can request (from higher or adjacent units). By reviewing available HUMINT assets and higher echelon resources, the HOC and the G/S2X determine whether unit assets or higher echelon resources are best able to answer the requirements. If another echelon can answer an SIR, then the J/G/S2, normally through the C/J/G/S2X, requests them to collect the information and deliver the intelligence product. When planning the HUMINT portion of the ISR plan, the HOC should consider the following:
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Cueing is using one asset to tip off another to a possible target. The HOC should look for opportunities for HUMINT assets to cue other collection assets and vice versa.

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Asset redundancy uses a combination of the same type of assets against a high-priority collection target. This is vital in HUMINT collection since, in dealing with human sources, the information collected is often part of the overall picture or is influenced by the perception and prejudice of the source. The collection on the same target from a number of different assets gives a more accurate intelligence picture and is a method to validate source reporting.

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Asset mix uses a combination of different types of assets against a high-priority collection target. When the probability of success of one asset to satisfy the requirement completely is lower than acceptable, the use of multiple capabilities of different assets increases the likelihood of success; for example, using SIGINT assets to intercept voice communications while HUMINT assets observe activities. Neither can collect all the available information, but the information collected by both can be fused into a more completepicture. Like asset redundancy, asset mix places greater demands on the limited assets available, both collection and analysis, and has to be clearly justified by the potential intelligence gain.

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Integration of new requirements into ongoing missions may make it possible to reduce timelines, make collection more responsive to the request, and decrease cost and risk. This is critical in HUMINT due to the long time that it takes to develop sources. The use of an existing source to answer new requirements often facilitates collection.

Develop and Prioritize Taskings and Requests for Information 4-28. Mter the G2/S2X and the G2/S2 approve the HUMINT portion of the ISR plan, the HOC develops specific orders to t!lsk assets, develop additional assets, and/or requests to seek higher and lateral support and production. Specific taskings or RFls are tailored to that specific ISR asset's capabilities and limitations. The G2/S2X supports the requirements manager and the G2/S2 in developing and prioritizing HUMINT taskings. The HOC works
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______________________________FM 2-22.3
with the unit requirements manager to incorporate the HUMINT plan into the overall unit ISR plan and works with the G3/S3 as necessary to help develop OPORDs or FRAGOs to organic or attached ISR units. HUMINT taskings will often include technical data that cannot be passed through normal tasking channels. The HOC will pass that information directly to the applicable HUMINT OMT or unit operations section.
4-29. The HOC and G2/S2X camlot provide operational taskings to a unit for collection. Collection is a stated mission that the commander executes. However, the technical control the HOC can provide as the HUMINT manager affords the J2/G2X the ability to steer and direct collection assets and operations. The MI commander and OMT determine specifically which teams will collect on a given requirement and are responsible for the TTP used. They report on the status and availability of their collection assets. On the HCT level, the team chief determines which sources will be contacted and the details of how the information will be collected from a given source. A specific plan is developed for each source. This plan should
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Identify the requirement.

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Identify the proposed source.

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Identify questions to be asked during the source meeting.

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Contain an outline of how the meeting should proceed.

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Identify which collector will conduct the source meeting.

4-30. At the HCT level, the senior team member reviews each plan to ensure the proper planning for the collection mission. The plan is a minimum goal for the collection. The collector must be fully aware of the overall collection priorities and be prepared to take advantage of any additional leads.
DIRECT PRODUCTION
4-31. The G2 coordinates intelligence production to provide non-duplicative all-source intelligence products to the commander, staff, and subordinate forces. Some type of production occurs in the intelligence staff or separate analysis element at every echelon from national to battalion level. The HCT of the ACE at echelon's division and higher will support the intelligence production process through the analysis of HUMINT information and the development of single-discipline HUMINT products.
DISSEMINATE INFORMATION
4-32. The 2X element at each level is normally the release authority for HUMINT reporting and products, ensuring that reporting, products, and data are disseminated to the lowest appropriate level. The G/S2X should preplan criteria for the immediate release of combat information on highvalue targets, impending attacks, or other time-sensitive requirements. This preplanning will ensure that commanders and other users quickly receive the information in a format that supports situational understanding, strategic responsiveness, and ISR and provides support to effects. Special effort is also made to ensure that information obtained from detainees is passed back down to the unit that detained them. This measure will support the efforts of the commander as well as building trust in the intelligence process.
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EVALUATE REPORTING
4-33. The HAT and the HOC provide the requirements manager and the G2/S2 with expertise to support report evaluation. An important part of the evaluation process is providing feedback to the collectors. Feedback is important in HUMINT operations since the same source may be contacted again for additional information. The collector needs feedback on the accuracy, reliability, and appropriateness of the information reported. The G/S2X team tracks reporting to determine how well the HUMINT collection and production efforts are satisfying the PIRs. The G/S2X team supports the RM team's requirements to-
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Monitor and Maintain Synchronization. Through coordination with the G2/S2, the G/S2X, and the HAT, the HOC knows when and what critical pieces of information are missing from the commander's estimate of the situation. The HOC uses the HUMINT portion of the ISR plan to ensure synchronization with the overall operation and scheme of maneuver. The other critical tool for the HOC is the decision support template (DST). The HOC must have a complete copy of this document, ensuring the HUMINT assets do not miss a collection requirement.

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Correlate Reports to Requirements. The HOC tracks which specific order or group of specific orders originates from which PIR to ensure that the collected information was provided to the original requester. This also allows the HOC to rapidly determine which asset is available for retasking.

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Screen Reports. Each report received is screened for accuracy, timeliness, and applicability to the original tasking or request. If the HOC determines that it completely fulfills the tasking or request, the HOC informs the G/S2X and G2/S2 so that the tasking or request can be closed and the information provided to the original requesting unit.

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Provide Feedback to Collectors and Analysts. The HOC provides feedback to all the HUMINT R&S assets. This is normally provided through the C2 element of that unit. By doing so, the HOC quickly reinforces if the reporting is answering the original order or request, or the HOC can provide guidance if it is not. This feedback is essential. The RM team may provide additional information on its collection or analysis if the HOC tells the team exactly what is needed or has been missed in the original report.

UPDATE ISR PLAN 4-34. This step aids the G2/G3 in updating the ISR plan by eliminating satisfied collection requirements, redirecting assets to cover non-satisfied requirements, cross-cueing requirements, and adding new collection requirements to the ISR. This process is accomplished by adjusting the HUMINT portion of the overall integrated ISR plan. It maintains intelligence synchronization and optimizes the exploitation of information in response to situation changes in the AO. The updated HUMINT plan is distributed to the G/S2X requirement!,? manager to ensure its incorporation into the overall unit ISR plan. Continuously updating the HUMINT portion of the ISR plan is vital due to the time involved in redirecting HUMINT assets.
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HUMINT MISSION PLANNING
4-35. HUMINT mission planning begins when a unit receives a tasking to conduct HUMINT collection in support of a specific mission, operation, or collection plan. The mission analysis portion of the MDMP is explained in FM 5-0. Special factors must be considered when applying the MDMP to HUMINT operations as discussed below.
RECEIVE AND ANALYZE THE HIGHER HEADQUARTERS ORDER
4-36. Attention must be paid to the support relationship (GS or DS) that exists between HUMINT assets and the unit. The operational environment, including applicable law and policy under which the units are operating must be understood, as this affects the ability of the units to perform certain missions. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. Because of frequently overlapping AOIRs in HUMINT operations, other unit missions and potential areas of conflict must be identified. Missions of other non-HUMINT units must be understood for coordination and possible integration of HUMINT assets. The availability of assets from higher echelons, requirements to provide support to lower echelons, and the existence of technical control from higher echelons must be identified. Tasking, reporting, and communications channels must be clearly understood.
ISSUE A WARNING ORDER
4-37. Mter the commander has analyzed his orders and worked out the mission and related tasks, he must quickly pass on this information to his team. This is accomplished through the WARNO. As a minimum, the WARNO must include to whom the order applies, time and nature of the operation, the earliest time of movement, and the time and place where the OPORD will be issued. Unit members should prepare for movement while the leader is performing the remaining preparatory tasks.
MAKE A TENTATIVE PLAN
4-38. When determining how the mission will be carried out, the commander works with the factors of METT-TC. When planning for HUMINT collection missions, focus must be placed on the human beings (threat, friendly, and neutral) as well as the key terrain on the battlefield, including information on
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The demographics of both the AO and AOI.

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The organization and structure of all opposition in the AO and AOI.

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The history of the AO and AOI pertinent to the current situation.

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The economic arid social data of all groups in the AO and AOI.

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• All key leaders. (political, military, social, religious, tribal), opinion leaders, and other influences on public opinion.
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The media and its influence on the population of both the AO and AOI.

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The primary and secondary languages and dialects spoken in all parts oftheAO.

4-39. A target folder, if one is used, provides valuable up-to-date intelligence information about the AO for mission analysis and planning. Once intelligence products identify the contentious areas, trends, capabilities, and latest issues concerning the AO, the commander may request a target folder prepared on specific items, such as a hostile organization with the inclination and potential to cause harm to friendly forces. Target folders may include
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Imagery of the AO and personalities.

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Terrain models of the AO.

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Latest information reports from the AO.

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Biographical data on key leaders in the AO.

Review Available Assets
4-40. The commander and staff, including the OMTs or HUMINT operations section, must look at organic assets and consider factors such as language capability, experience in various aspects of collection, analysis, and management. If organic assets are inadequate, the commander and staff should consider additional available assets within the organization and resources from higher echelons. The commander and staff must consider the analysis and management structure of a HUMINT operations section in addition to the OMT and HCTs. During this step the mission analysis and planning group should determine, among other things
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The number of HUMINT collectors available.

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The number of collectors who are qualified linguists.

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The number of linguists available to support the collectors.

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Force protection considerations.

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The optimal number of HCTs, OMTs, and HUMINT operations sections that can be configured from the available assets.

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Whether additional assets such as CI agents, TECHINT personnel, analysts, additional linguists, or other experts need to be added to some or all the HCTs to meet mission requirements.

Determine Constraints
4-41. This is a critical step in HUMINT mission analysis. HUMINT collection operations are affected by applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. The degree of restriction may depend on the type of operation being conducted. Constraints are normally found in the scheme of maneuver, the concept of operations, and coordinating instructions. Specific to intelligence interrogation operations, in
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accordance with DOD Directive 3115.09, "all captured or detained personnel shall be treated humanely, and all intelligence interrogations or debriefings to gain intelligence from captured or detained personnel shall be conducted humanely, in accordance with applicable law and policy. Acts of physical or mental torture are prohibited."
Identify Critical Facts and Assumptions
4-42. The human factor is preeminent in this step. Assumptions and facts include
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How HUMINT collectors can interact with the local population.

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What types of sources are available.

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What types of adversary intelligence and unconventional threats are present.

Conduct Risk Assessment
4-43. There are inherent risks involved in HUMINT collection. HUMINT collectors need access to the local population to perform their mission. Rules that restrict all forces to base areas to protect the force may be prudent; however, these restrictions can severely degrade HUMINT collection capabilities, particularly in support of force protection requirements. This measure deprives the collectors of sources needed to anticipate and prevent violent incidents. HUMINT collectors receive cultural training as well as security training to allow them to minimize the dangers of interacting with the local population. Commanders must weigh the risk to collectors against the risk to the force as a whole, and determine whether to provide·additional security to the HCT in order to allow the team to perform missions outside the base area to gain needed intelligence. DA Pam 385-1 provides guidance for risk assessment.
Select Courses ofAction (COAs)
4-44. During COA development the staff, under the commander's guidance, analyzes various options for deploying and implementing HUMINT assets. Input from HUMINT senior NCOs and WOs is vital to COA development and analysis. Items to consider during COA development include
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The distribution of the HCTs and OMTs within the AO.

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The support relationship (OS and DS) that exists for the deployed teams.

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The command relationship in effect for the HCTs and OMTs (assigned, attached, or OPCON).

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The manner in which the HUMINT assets are phased into the theater.

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The tactical configuration (personnel and equipment) of the HCT.

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The actual number of the HCTs and OMTs and the size of the supporting HUMINT operations section (if any) deployed.

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The priority of the OMT's efforts.

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The priority of linguist support.

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COLLECTION PRIORITY
4-45. During the MDMP, the MI commander advises his hig:tIer headquarters on the most efficient use of the HUMINT collectors to meet collection requirements. Depending on the particular higher echelon mission and the capabilities of the specific personnel under his command, the supported S2 must decide whether to concentrate collection efforts on source, debriefing, interrogation, tactical questioning, liaison, or DOCEX operations to answer collection requirements. (See Chapter 5for a description of these operations.) The MI commander may be required by his operational tasking to support any or all of these operations. He must decide how to task organize his assets to meet these requirements. When faced with limited assets', prioritization of collection is paramount.
4-46. A commander normally must prioritize HUMINT collections and DOCEX. Although the decision is primarily dependent on which type of source (human or document) is most likely to give the priority information, other factors such as phase of operation, ROE, source availability, and collection resource capabilities may influence his decision. At the tactical level, both human sources and documents are screened and the senior HUMINT soldier establishes the priorities. If documents and human sources are determined to be equally likely of containing priority information, human sources are normally exploited first due to
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The ability of the HUMINT collector to get a human source to elaborate and explain his information, which cannot be done with a document.

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The rate at which people forget detailed information.

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The fact that an individual's resistance is easier to bypass immediately after undergoing a significant traumatic experience (capture). Capture thrusts them into an unfamiliar environment over which they have no control and are vulnerable to various approach techniques. This initial vulnerability passes quickly. An individual's established values begin to assert themselves again within a day or two, and the individual's willingness to cooperate might also decrease.

TASK ORGANIZATION
4-47. Because of the need to place HUMINT collectors in contact with the local population and the need in many cases to integrate the HUMINT collection process into other operations, the planning and analysis staff for HUMINT missions is somewhat expanded from the norm. They should include the C/J/G/S2X, SJA, Sl, S2, 83, S4, S5, 86, other staff officers, as necessary, Provost Marshal, MP, and US Army Criminal Investigation Command, CA, unit HUMINT commanders, and senior HUMINT technicians of the deploying unit. If the unit's mission is to replace a currently deployed HUMINT unit, a representative of that unit should be included.
4-48. The challenge to the MI commander is the proper training during operations, task organization, placement, and coordination of movement of HUMINT elements to meet collection requirements. The unit modified table of organization and equipment (MTOE) organization, which is designed for an MTW, may have to be modified to meet the specific requirements of
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______________________________FM 2-22.3
operations in PMEs and SSCs. Augmentation is often needed and must be requested. Task organization must be flexible to adjust to the dynamic mission objectives. Commanders must allow for the augmentation of HCT with other MI specialties and non-MI personnel as mission analysis and planning indicate the need. Mission analysis and planning identify the specific requirements for the HUMINT operations section, HAT, OMTs, and HCTs.
4-49. The composition of the HUMINT elements must be based on METT-TC factors. The number of HCTs and OMTs in the theater depends on the intensity of the collection effort and the geographical coverage of the AO. HCT members should be prepared to support any HUMINT missions they may receive through command channels. They must have the skills to shift easily from one set of functions to another based on the dynamic mission requirements. The number of OMTs in a designated theater will depend on the type and nature of the mission. A single OMT is capable of managing and controlling 2 to 4 HCTs. The size and staffing of the OMT will depend on a number of factors:
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Whether a HUMINT operations section is deployed and how many HCTs are subordinate to it.

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Ifa single HCT deploys to support a small contingency, there may be no need for an OMT. In this case the team leader must serve as the OMT.

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If three or more OMTs deploy, then a tactical HUMINT operations section should be deployed.

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For every 3 to 4 HCTs and their designated OMT, there should be one headquarters element composed of a platoon leader and a platoon sergeant to handle all administrative and logistical matters.

OPERATIONAL CONSIDERATIONS
RESERVE COMPONENT INTEGRATION
4-50. Given the Army's OPTEMPO and force structure, the integration of RC forces into the AC is highly likely for future operational deployments. Commanders must identify their requirements early and establish proactive coordination (both in garrison and while deployed) with their RC counterparts to fully integrate them during all phases of training and operations. During operations that include significant RC participation, an RC liaison officer normally will be assigned, either temporarily or permanently (at higher echelons), at the appropriate level of command. The commander and staff must ensure that the RC LNO is involved in all aspects of operational planning and execution.
4-51. There are three general categories ofRC augmentation:
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Category 1: Formation of specialized units that include a fully integrated AC and RC TOE..The activation of the RC of these units is required for their full operational capability.

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Category 2: Augmentation of active duty units by RC units to fill out unit strength levels or to provide additional functionality. For example, an AC division might require additional HUMINT teams to support it

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during a stability operation. Ifa division required one additional team, it should request a team and not request four HUMINT collectors. If the requirement is for three additional teams, it should request a HUMINT platoon with its organic C2 and OMTs.
• Category 3: The requirement for individual augmentees. This usually occurs when a unit has the C2 structure but needs either additional personnel or additional capability within the command structure. For example, a unit may have a HUMINT platoon but the platoon is at 50 percent strength. Individual augmentation is the easiest method of integration since the individual is integrated in the same manner as any replacement. The augmented unit normally is required to provide all equipment other than initial issue-type equipment.
4-52. There are several items to consider in unit augmentation:
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Accurate Identification of Requirements: During the MDMP, units need to identify those mission-essential capabilities not already present in the unit. The G3/S3, working in conjunction with the G1/S1, considers options that may include RC augmentation of organic units although the final decision to employ RC units is usually determined at Headquarters, Department of Army (HQDA). The requirement for augmentation is forwarded through appropriate personnel channels to US Army Forces Command (FORSCOM) and HQDA, which will identify the appropriate units or personnel. Ifapproved, they will work with the appropriate agencies to establish the timeline in which the units can respond on the Time-Phased Forces Deployment Data List (TPFDDL). When developing requirements, the requesting unit must be sure to articulate its needs accurately, specifying required skills, numbers, and any additional skill identifiers (ASI). [Example: Request augmentation by a HUMINT platoon consisting of at least a platoon headquarters, three HCTs, one OMT, two linguists, and one CIIHUMINT Automated Tool Set (CHATS) proficient operator. The augmenting element will be operating in support of the commander's force protection program in the gaining unit's AOR]

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Activation Timeline: Units need time to mobilize and conduct any additional collective and individual training that may be specific to the unit's mission or operational environment. The requesting unit needs to be aware of the time required to activate the requested RC and that there may be differences in levels of training or equipment. Timelines should be established by FORSCOM to allow resolution of these problems and should be reflected in the commander's operational planning sequence. Timelines will vary from unit to unit and mission to mission.

• Training: USAR and ARNG units usually cannot train their units or individuals to the same proficiency as the AC. Normally, this is due to the limited amount of training time. Because of this limitation, a certain degree of train-up prior to deployment may be necessary. Commanders should identify available training opportunities and request the participation of personnel identified for augmentation. For an ongoing mission, you should also plan for an extended "right seat
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ride" mission handover period once the individuals or unit arrives in the theater of operations.
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Command and Control: Ifthe RC augmentation requires activation of an entire unit, it should include their C2 element. Ifthe augmentation is by individuals, then they will fall under the command and control of the gaining units.

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Time on Active Status: USAR and ARNG soldiers are restricted as to the amount of time they can remain on active status. This timeline begins on the date of mobilization and ends on the day the soldier leaves active duty status. Deployed units must take this into account when conducting continuous operations and must identify the requirement to replace RC forces early enough to allow for the required training and handoff procedures.

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Experience: While RC personnel normally lack current military experience, they often perform jobs in the civilian sector that either mitigate this lack of experience or they are able to bring a new and useful capability with them. Care should be taken that reservists who have civilian jobs which are similar to their HUMINT MOS (such as police officers or investigators) recognize the different constraints under which they operate in the military environment. For example, police officers who might normally task informants with minimal oversight cannot do that in their position as a HUMINT collector. Commanders should try to capitalize on these skills, but ensure proper training and understanding of the policies and regulations that govern HUMINT collection operations.

OPERATIONS PLANS, OPERATIONS ORDERS, AND ANNEXES 4-53. An OPLAN is any plan for the conduct of military operations. When a commander issues a directive for the coordinated execution of a military operation, it becomes an OPORD. Although plans are based on specific conditions or assumptions, they are not static. Plans are changed, refined, and updated as a result of continuous estimates and studies. It is critical to include HUMINT plans in the Intelligence Annex to the OPLAN.
4-54. The OPORD gives the HUMINT element approval to execute its mission. OPORDs define the mission, set the parameters of operations, identify who is responsible for what, and how it is to be supported. Additions that are necessary to amplify an OPLAN or OPORD are contained in annexes, appendices, tabs, and enclosures. Tasking for units to conduct HUMINT collection operations is listed in the main body of the OPORD under Tasks to Subordinate Units. The HUMINT appendix to Annex B provides the technical guidance for HUMINT collection including the umbrella concept for HUMINT operations.
4-55. The HUMINT appendices provide details on planning, coordinating, approving, and managing HUMINT operations as they relate to the unit's overall mission. These appendices serve as the basic document authorizing most HUMINT operations and programs. They must be reviewed and approved by the appropriate office or commander. The HUMINT appendix to the ISR Annex is necessary to ensure that augmentation of HUMINT assets
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from other components and agencies are integrated throughout the TF as required to facilitate their specialized collection requirements. Specific tabs may include joint debriefing and interrogation facility operations, source operations, DOCEX, or open-source information.
OPERATIONAL COORDINATION
4-56. HUMINT collection is not conducted in a vacuum. Coordination with MI organizations and non-MI agencies, units, and staff organizations is often critical to expedite and complete HUMINT collection operations. (See Appendix C for predeployment planning.)
MI ORGANIZATIONS
4-57. Elements involved in HUMINT planning, execution, and analysis need to maintain close coordination with their counterparts in the other intelligence disciplines. Coordination includes but is not limited to the disciplines shown below.
Imagery Intelligence:
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Support imagery analysis by using HUMINT sources to identify or confirm the identification of items in imagery. This includes, for example, using human sources to identify the functions of buildings that have been tentatively identified through external imagery.

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Coordinate for current military or civilian imagery to use in the questioning of sources.

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Cue requirements managers and others involved in imagery tasking on locations or activities for imagery collection.

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Coordinate for IMINT information to verify information obtained through HUMINT collection.

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Provide imagery for analysis (through still and video photography and captured imagery).

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Coordinate for technical support as required when questioning personnel on subjects related to imagery.

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Obtain imagery-related collection requirements that can be answered by human sources.

Signals Intelligence:
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Support signals analysis by using HUMINT sources to identify or confirm the information obtained through SIGINT collection.

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Coordinate for current SIGINT information to use in the questioning of sources.

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Cue requirements managers and others involved in SIGINT tasking on locations or activities (including communications types and frequencies) for SIGINT collection.

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Coordinate for information to verify information obtained through HUMINT collection.

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Provide SIGINT-related CEDs for SIGINT analysis.

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•
Coordinate for technical support as required when questioning personnel on SIGINT-related topics.

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Obtain SIGINT-related collection requirements that can be answered by human sources.

Measurement and Signature Intelligence:
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Support measurement and signature intelligence (MASINT) analysis by using HUMINT sources to identify or confirm the information obtained through MASINT collection.

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Cue requirements managers and others involved in MASINT tasking on locations or activities for the location of MASINT sensors.

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Coordinate for information to verify information obtained through HUMINT collection.

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Provide MASINT-related CEDs for MASINT analysis.

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Coordinate for technical support as required when questioning personnel on MASINT-related topics.

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Obtain MASINT-related collection requirements that can be answered by human sources.

Technical Intelligence:
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Support TECHINT analysis by using HUMINT sources and documents to provide information concerning threat equipment and to support TECHINT materiel analysis. This includes, for example, the interrogation or debriefing of equipment operators of the translation of operators manuals for a piece of equipment being investigated.

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Coordinate for current information on equipment capabilities to use in the questioning of sources.

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Cue requirements managers and others involved in TECHINT tasking on locations or activities for TECHINT collection. This includes forwarding the identification and location of equipment of TECHINT interest obtained during HUMINT collection operations.

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Coordinate for TECHINT information to verify information obtained through HUMINT collection.

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Provide information from CEDs in support of TECHINT.

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Coordinate for technical support as required when questioning personnel on subjects related to areas of TECHINT interest.

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Obtain TECHINT-related collection requirements that can be answered by human sources.

Counterintelligence:
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Support CI analysis by using HUMINT sources to provide information concerning adversary intelligence collection capabilities and operations.

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Identify human and document sources that have information of CI interest.

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•
Cue requirements managers and others involved in CI tasking individuals or activities of CI interest.

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Coordinate for CI information to verify information obtained through HUMINT collection.

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Provide information from CEDs in support of CI.

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Coordinate for CI support as required when questioning personnel on topics related to areas of CI interest.

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Obtain CI-related collection requirements that can be answered by human sources.

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Integrate CI elements into HUMINT collection operations as applicable.

Open-Source Intelligence:
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Support open-source intelligence (OSINT).

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Provide open source maps, charts, phone directories, business directories, newspapers, video and audio media (including tapes and compact discs) to the appropriate J/G/S2X and Intelligence Community agencies and liaison officers. .

OTHER ORGANIZATIONS 4-58. In addition to MI units, HUMINT collection organizations frequently conduct coordination with other military organizations.
•
Military Police Units: Close coordination between HUMINT collectors and MPs is mutually beneficial. The MPs are responsible for maneuver and mobility support, area security, internment and resettlement, law and order, and police intelligence operations. Both activities (HUMINT collection and MP operations) require close contact with the local civilian, refugee, and detainee populations. HUMINT collection at checkpoints and at EPW and other detainee collection points must be coordinated with the MPs, who are normally responsible for internment and resettlement operations. In return, the HUMINT collectors, because of their screening and questioning of these population groups, can help facilitate the MP's population control missions by providing information about the population's activities and intentions that ma;y be of MP concern. At EPW/detainee collection points, HUMINT collectors should arrange with the MP leadership to be allowed to debrief MPs since MPs are in regular contact with the detainees. This does not constitute tasking. Information collected in this manner may provide valuable insight, which can aid the collector in formulating approach strategies. MPs should be debriefed in such a way so as not to interfere with their mission. Liaison with the MP chain of command is vital to gain their support and assure them that HUMINT collection will not interfere with MPoperations. Joint patrols containing MPs and HUMINT collectors can also be mutually beneficial in many situations.

•
Criminal Investigation Division (CID) and Provost Marshal Office (PMO): The goals of HUMINT collection and those of the MPs (particularly CID) are different. CID and PMO are concerned with·

6 September 2006
______________________________FM 2·22.3
identification and apprehension of criminal elements. The goal of HUMINT collection is the collection of information in response to PIRs that in many situations are centered on force protection. In the situation where the threat includes a criminal element, the HCTs might collect OB type information on the criminal element to ascertain their activities and threat to friendly forces. HUMINT collectors are not trained to conduct criminal investigations and must not be used for this purpose. Criminal investigators and HUMINT collectors must carefully coordinate their activities as necessary. HUMINT collectors are required to report to the proper agency information collected on criminal activities that the HUMINT collectors uncover in the normal
course of their activities.
•
Psychological Operations Units: As with the MP force, HUMINT collectors and PSYOP units are often interested in the same target audience but for different reasons. PSYOP units are interested in modifying the target audience beliefs and actions to be more supportive of US goals. Normally, HUMINT collection elements coordinate with PSYOP elements to obtain information concerning the motivational factors and cultural value systems of the individuals to be questioned. PSYOP units, as a part of their normal operations, develop detailed analysis concerning psychological and cultural factors of friendly and hostile elements in the AO. Such information will help HUMINT collection personnel to understand the source's attitude, value system, and perception; it will also help to obtain information more rapidly. At the same time, PSYOP units often will develop collection requirements to determine local attitudes and for information on the effectiveness of PSYOP campaigns. HUMINT collectors can be tasked to collect on these requirements if they are included as PIRs.

•
Civil Mfairs Units: The CA mission often places CA units in contact with the HUMINT collection target audience. If possible, HUMINT collection missions can be established in coordination with CA missions. If the HUMINT collection mission is viewed as having the potential of interfering with the CA mission and coordinated operations are not possible, CA personnel can still be sensitized to intelligence collection requirements and debriefed by HUMINT collectors as part of a friendly force debriefing operation.

•
Drug and Law Enforcement Agency Operations: Personnel who are employees of DOD intelligence components may be assigned to assist Federal law enforcement authorities and, when lives are endangered, state and local law enforcement authorities; provided such use is consistent with, and has been approved by an official authorized pursuant to DOD Directive 5525.5, Enclosure 4 (reference (i». Such official shall ensure that the General Counsel of the providing DOD component concurs in such use. Assistance may be rendered to LEAs and security services of foreign governments or international organizations in accordance with established policy and applicable SOFAs, provided that DOD intelligence components may not request or participate in activities of such agencies undertaken against US persons that would not be permitted activities of such components under the procedures of AR 381-10. HUMINT collect"ors may assist

6 September2006 4·25
foreign law enforcement authorities, with prior approval of the J2X. Under no circumstances will RUMINT collectors assist any US or foreign law enforcement authorities in any manner without prior approval by competent authority after a legal review of the proposaL
•
Maneuver Units: RCTs may be utilized in GS for coverage of an AOIR or in DS to support a specific maneuver unit. The type of coordination needed with maneuver units will vary depending on the type of support relationship the RCT has. RCTs operating in GS should coordinate with maneuver unit commanders when the RCT will be operating in that unit's AO. At a minimum, the RCTs should announce their presence and request information on any conditions or ongoing situations that may affect on the conduct of their mission. An RCT operating in DS of a specific unit will coordinate with the unit for force augmentation to RUMINT patrols as needed in accordance with force protection requirements. The RCT leader should also coordinate with the supported unit's S2 for involvement in debriefings of returning patrol members, checkpoint personnel, convoy leaders and others. RCT leaders may also coordinate to be included in the unit's reconnaissance patrols, as appropriate.

•
Combat Service Support Units: Current and future combat operations will be conducted in a noncontiguous battlespace. CSS formations and units may be an excellent source for RUMINT collectors. In many situations, DPs and refugees will perceive CSS activities as non-threatening and an activity which can provide them with aid and comfort. CSS operations will naturally draw DPs and refugees hoping to receive support. This could provide opportunities for RUMINT collectors to access this sector of the population. CSS unit S2s should conduct patrol debriefings of returning convoy personnel to capture observations made during convoys, with the goal of crosscueing the supporting RCT, CI team, or law enforcement element as appropriate.

STAFF COORDINATION
4-59. Successful RUMINT collection operations require support from the staff elements of the supported unit. These elements are collectively responsible for the planning that results in RUMINT tasking. Below is a partial list of the staff responsibilities that affect RUMINT collection:
•   GI/SI RUMINT-related responsibilities include but are not limited
to
• Supervising the medical support furnished to EPW/detainees.
•   Maintaining a list (by language and proficiency) of qualified linguists within their command.
• Coordinating   with the G4 or G5 for procurement and payment of other interpreters and translators needed to perform intelligence and non-intelligence duties.
•   Ensuring the echelon's OPLAN contains complete provisions for handling and evacuating detainees, refugees, DPs, and local civilians
4·26      6 September 2006
as required. This plan must satisfy the interests of all other staff

officers and provide for
-Ensuring humane treatment of all personnel.

-Promptly evacuating personnel from the combat zone.

-Integrating procedures for the evacuation, control, and

administration of personnel with other combat service (CS) and
CSS operations. -Ensuring delivery of mail to EPWs and other detainees. -Maintaining detainee (including EPW) statistics. -Providing administration and control of detainee currency and
pay records, including coordinating with appropriate intelligence authorities about investigating large sums of money.
•
G2/S2 is responsible for developing intelligence in support of unit operations. The G2/S2 at division and higher and in the interim BCT is supported by a G/S2X and normally a HAT in the performance of his HUMINT-related functions. His HUMINT-related responsibilities include but are not limited to

•
Obtaining intelligence through intelligence reach to support HUMINT collection.

•
Incorporating HUMINT into the ISR plan.

•
Developing the HUMINT annex to the OPORD and OPLAN.

•
Coordinating to provide technical support for all HUMINT collection operations.

•
Ensuring deconfliction and synchronization for all HUMINT collection assets within the unit's AO. A particular effort must be

>
made to coordinate with all DOD military source operations (MSO), and DOD and other government agencies (0GAs) that may be operating in the AO; with the theater J2X, as part of deconfliction. Failure to deconflict with DOD MSO and OGAs may result in compromise of assets and interruption of collection operations and potentially unintended casualties.
Obtaining documents and materials of intelligence interest, including visual and audio media and electronic equipment (such as computers, phones, PDAs) taken from detainees, or seized or loaned, in coordination with the Provost Marshal and other elements. Recording, evaluating, and analyzing collected information and providing feedback to HUMINT collectors. Ensuring adequate HUMINT collection and reporting nets and systems are available. Coordinating with the G3 to ensure plans for HUMINT collection operations are included in unit OPLANs. Coordinating with the G3 to ensure that HUMINT collectors are included in unit training plans, rehearsals, and briefbacks. Drafting instructions for handling, evacuating, and exploiting captured enemy personnel and CEDs. (They coordinate with the G3 to ensure draft instructions are included in the command standing operating procedures (SOPs), OPLANs, and OPORDs.) Projecting capture rates as well as refugee and DP rates.
4-276 September 2006
Determining the number of interpreters and translators needed

to perform intelligence duties.

Coordinating with other agencies and HUMINT 'collectors for

intelligence sharing.

Controlling the procedures used to process and grant clearances

to the interpreters and translators as required.

Coordinating with the civil-military operations (CMO) officer for

intelligence screening of local nationals, refugees, and DPs.

Coordinating with SJA for legal review of proposed operations.

•
G3/S3 is responsible for operations, plans, organization, and training. His HUMINT collection-related responsibilities include but are not limited to

•
Ensuring the inclusion of HUMINT collection units in the main body of OPLANs and OPORDs under Tasks to Subordinate Units and Task Organization.

•
Ensuring instructions for handling, evacuating, and exploiting captured enemy personnel and CEDs in all unit command SOPs, OPLANs, and OPORDs.

•
Incorporating HUMINT collection operations into future plans and operations.

•
Ensuring subordinate units are trained in proper handling and evacuation of captured enemy personnel, materiel, and CEDs.

•
Ensuring that the subordinate. elements are trained in OPORDs including ROE and the proper handling of local civilians, foreign nationals, refugees, and DPs.

• Obtaining, organizing, and supervising employment of additional personnel as guards for EPWs and other detainees where MP assets are not available or insufficient.
•
Tasking the Division/Brigade Engineer Officer in conjunction with the G2/S2 to conduct a site survey for possible EPW/detainee holding area facilities within the operational area. Priority should go to existing facilities needing little or no renovation to meet operational requirements. If suitable facilities cannot be found, the engineer officer should provide detailed facilities design specifications to the G4/S4 for coordination and development of contracted resources.

•
G4/S4 responsibilities related to HUMINT collection include but are not limited to

• Developing command policy for evacuation and internment of captured enemy personnel, and evacuation and safekeeping of CEE and CEDs.
•
Coordinating contracts for real estate and construction of source· holding facilities if local capabilities are not available. Ideally, existing facilities will be occupied and renovated whenever possible.

•
Collecting and distributing captured enemy supplies. (This 1S coordinated with the intelligence and operations staffs.)

•
Procuring and distributing rations to personnel holding areas.

•
Transporting EPWs and other detainees in a timely, safe manner to the appropriate facility for processing.

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•
Determining requirements for use of source labor for the logistical support needed in source-handling operations.

•
Providing logistical support to interpreter personnel.

•
G5/S5 responsibilities related to HUMINT collection include but are not limited to

•
Coordinating with local US government, personnel staff representatives, and HN armed forces for procuring native linguists for interpreter support.

•
Coordinating military support of populous.

•
Providing technical advice and assistance in reorientation of sources and enemy defectors.

•
Coordinating MI aspects of CMO activities with the G2.

ADDITIONAL SUPPORT
4-60. In addition to the major staff elements, a HUMINT collection element
requires support from several other elements in order to conduct operations.
These elements are discussed below.
•
The US Army Criminal Investigation Command is the organization with primary responsibility for investigating allegations of criminal acts or reportable incidents committed by or against detainees.

•
The SJA can provide legal support and advice on the interpretation and application of applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 231O.E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOS. The SJA is also a channel for reporting known or suspected reportable incidents of abuse or inhumane treatment.

•
The Inspector General is a channel for reporting known or suspected reportable incidents of abuse or inhumane treatment.

•
The PMO is the channel for reporting criminal activity other than reportable incidents, but also can be used for reporting known or suspected reportable incidents.

•
The Chaplain can also receive reports of reportable incidents.

•
The G7 provides information on Information Operations and conducts liaison with PSYOP, the Electronic Warfare Officer, the Military Deception Officer, and Operations Security personnel.

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FM 2-22.3
PART TWO
HUMINT Collection In Military Source Operations
Part Two discusses HUMINT colleGtion as it pertains to MSO. The Secretary of Defense (SECDEF) has established a DOD-wide HUMINT Enterprise consisting of the following executors: The Office of the Secretary of Defense (OSD), the Combatant Commands (COCOMs), the Military Departments, the Defense Intelligence Agency (DIA). All Defense HUMINT Enterprise executors support and satisfy Defense requirements by employing their available resources and capabilities.
MSOrefer to the collection of foreign military and military-related intelligence by humans from humans. MSO are conducted under SECDEF authorities, to satisfy DOD needs in compliance with DOD policy. Within the Army, MSO are conducted by trained personnel under the direction of military commanders. These specially trained personnel may employ the entire range of HUMINT collection operations. MSO sources include one-time, continuous, and formal contacts, from contact operations; and sources from interrogations, debriefings, and liaison activities.
Each type of MSO activity has specific operational requirements, specific legal restrictions, and operational guidelines. HUMINT collection activities in each of these categories require specific approval, coordination, and review. MSO include human source contact operations, debriefing, liaison, and interrogations. This chapter introduces each of these collection operations.
Chapter 5
HUMINT Collection
HUMINT COLLECTION OPERATIONS 5-1. Full spectrum operations require focused MSO with strong capabilities dispersed across the battlefield. In offensive and defensive operations, the HCTs need to be placed in support of the engaged maneuver battalions. In stability and reconstruction operations and civil support operations, the HUMINT teams need to be located in battalion AOs throughout the AOIR.
5-2. The rapid pace of operations, the need to provide near-real time (NRT) support of command decisions and the inherent time delays in moving detainees, including EPWs and civilian refugees to centralized locations, necessitate the dispersion of HUMINT collection assets to forward areas in
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support of critical operations rather than their retention at detainee and refugee holding facilities at echelons corps and below. This forward deployment gives HUMINT collectors earlier access to sources and is facilitated by enhanced communication and automation capabilities down to the collection team level.
5-3. All operations are different, and deployment of HUMINT assets is METT-TC dependent. Brigades need the capability to provide 24-hour HUMINT collection capability to each battalion AO. The command relationship of the HUMINT collection capability is also METT-TC dependent. The OMT should be located at the echelon that is best able to manage and support the HCTs and to provide the best capability to answer the commander's PIRs.
5-4. The Division and Corps elements should cover their respective areas not covered by their subordinate commands. They also, as needed, reinforce those target areas that are most effective in answering their respective command PIRs already covered by subordinate command capability. EAC HUMINT units normally are responsible for supporting theater or national requirements and providing HUMINT support at theater level facilities such as the JIDC. The EAC units will also augment the echelon below corps units and conduct source operations in the Corps area as required. Operations, particularly in challenging terrain and in stability and reconstruction environments, may require additional HUMINT assets normally obtained from the RC.
HUMAN SOURCE CONTACT OPERATIONS
5-5. HUMINT collection requires the contact between the HUMINT collector, who attempts to gather information through a variety of HUMINT collection techniques, and a human contact, who hopefully has the information that the HUMINT collector wants and who can be convinced to divulge the information. Operations with formal contacts are only conducted by HUMINT collectors and CI agents who are specifically trained and authorized to do so. There are three levels of contacts:
•
One-time contact.

•
Continuous contact.

•
Formal contact.

5-6. The basic goal of all levels of contact is to collect information in response to collection tasking; however, only under certain conditions can HUMINT collectors task contacts to get information for them (see para 5-28). Understanding the types of contacts is key to understanding each type of human source contact operation. The following levels are not all-inclusive nor are the listed categories exclusive. For example, a contact who was initially a one-time contact (such as a walk-in) may later be developed into a continuous contact. A continuous contact may be developed into a formal contact, who can then be tasked, trained, and paid. There is no limit on the number of times a team can meet contacts without recruiting them and making them into a formal contact.
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_______________________________FM 2-22.3
ONE-TIME CONTACT
5-7. The one-time contact is a source of information of value that was, and will be, encountered only once. In all operational environments the HUMINT collector will frequently encounter a source only once, particularly at lower echelons. This may be a local civilian encountered during a patrol, a detainee who is quickly questioned and then evacuated, or a refugee at a checkpoint.
5-8. In addition to the information obtained from a one-time contact, the HUMINT collector must make a reasonable effort to obtain as much basic data as possible about the one-time contact. Complete name, occupation, address, and other basic data of this source are crucial for a thorough analysis of the information provided. The one-time contact and the information he provides cannot be assessed and evaluated independently; however, the information provided by a one-time contact must be reported and corroborated through other HUMINT sources and even other intelligence disciplines.
5-9. Contact reports must be filed with the OMT and source registries maintained in accordance with FM 34-5 (S//NF), AR 381-100 (S//NF), and DIAM 58-11 (S//NF) in order to support analysis of information obtained. If a one-time contact is encountered for a second time and again provides information of value, then the contact may be thereafter treated as a continuous contact.
5-10. A walk-in is a one-time contact who volunteers information of value to US forces on his own initiative. The walk-in source may volunteer information by approaching an HCT, other ISR elements, or US forces or civilian personnel anywhere in the AO. Each unit must have in place a program to identify, saf~guard, and direct the walk-in to the appropriate collection asset, to be screened and debriefed as required. For example, a walk-in who wanted to report a crime would be directed to the PMO rather than to a HUMINT collector.
5-11. The collection asset will screen the walk-in to determine the type of information the source has and to determine and evaluate the reliability of the individual. Mter identifying the type of information, the collector determines if he has the jurisdiction to collect that information. If, for example, the walk-in wishes to report a crime, the collector refers that individual to the proper criminal investigative agency.
5-12. Systematic questioning, deception detection techniques, and crosschecking of information are used extensively in the evaluation process. Concurrently, there are national level directives, DOD directives, and Army regulations that direct specific actions to be taken with a walk-in. When dealing with a walk-in source, HUMINT collectors must guard against adversary intelligence collection. They must also protect legitimate sources of information. The walk-in is thoroughly debriefed on all areas of information relevant tocollection requirements, and any information of value is reported.
5-13. On occasion, the HUMINT collector may determine that a one-time contact has the potential to become a continuous contact or a formal contact. This is referred to as a developmental lead. A developmental lead is an
6 September 2006
individual identified through social and professional status, leads, source profiling, or other techniques, who has knowledge· required by the commander. A developmental lead is any person the HUMINT collector expects to see or would like to see again, or a person who indicates that they intend to return in the future.
5-14. When a HUMINT collector identifies a developmental lead, he reports his interest in elevating the source to continuous or formal contact status as soon as possible to the OMT. Although not every developmental lead becomes a source of information, the HUMINT collector should see each developmental lead as a potential source of information. and apply the appropriate security measures. The developmental lead is continuously assessed to verify his placement and access to the type of information the HCT is seeking. Additionally, the HUMINT collector continuously assesses the motivation and characteristics of the developmental lead.
5-15. A one-time source cannot be tasked to collect information, but can be sensitized to information in which the HUMINT collector is interested. For example, if a walk-in source provides information on activity in a house in his neighborhood, he might ask ifthe collector would be interested in more of the same type information in the future. The HUMINT collector cannot tell him to go get more information, but can indicate that he would listen if the walkin returned with more information on the topic. If the walk-in returns a second time, he must be handled as a continuous contact.
CONTINUOUS CONTACTS
5-16. Continuous contacts are individuals who have been identified as having more information than could be obtained through a one-time contact, and have been met again by HUMINT collection personnel for the purpose of collecting additional information. HUMINT collectors do not task continuous contacts, but they can be sensitized in the same way as one-time contacts. Continuous contacts provide their knowledge through informal debriefings and elicitation.
5-17. All contacts who are seen more than once by HUMINT collectors must be tracked by registering them in the Source Registry and reporting the contacts to the OMT. As an example, a one-time contact who reported information to a HCT contacts them again with follow-up information. That person will now be registered as a continuous contact and tracked by the OMT. This registration process helps to prevent the same information from being collected by multiple collectors from the same contact without realizing it. See AR 381-172 (S//NF) and FM 34-5 (S//NF) for further information on source registration and for the required forms. Types of continuous contacts are discussed below.
Local National and Third-Country National Employees
5-18. Local national and third-country national employees are non-US personnel from either the country in which the US forces are operating or a third country who are either employed by US forces directly or through a contractor to provide logistical support and services. One of the purposes of locally employed personnel screening is to assess these individuals as
6 September 2006
potential sources of information. Local national and third-country national employees can be a prolific source of information about local attitudes and events, particularly in a restrictive environment where US contact with the local population is curtailed. Their information can also be significant in a force protection role. The HUMINT collector must register these individuals with the J/G2X. While the HUMINT collector is assessing the local national employee as an intelligence source, CI agents are assessing the same source pool as potential security risks.
5-19. Coordination between HUMINT collectors and CI elements is essential for deconfliction and to avoid duplication of effort. If the HUMINT collector identifies an employee that may be of CI interest, he should immediately notify the appropriate CI unit.
Displaced Personnel and Refugees
5-20. DPs and refugees are excellent sources of information about denied areas and can be used to help identify threat agents and infiltrators. The degree of access HUMINT collectors have to DPs is dependent on the OPORDs, ROE, and SOFAs in effect. HUMINT collectors can work with CA or other programs dealing with DPs or refugees.
5-21. DPs and refugees are normally considered one-time sources but may be incorporated into other long-term collection programs if their degree of knowledge warrants this. In this case, adherence to the restrictions involving source operations is necessary. Those restrictions can be found in AR 380-10, AR 381-100 (SIINF), DIAM 58-11 (SIINF), DIAM 58-12 (SIINF), and other publications as well as existing ROE and SOFAs.
US Forces
5-22. US forces have many opportunities to interact with the local population in the normal course of their duties in operations. This source perhaps is the most under-utilized HUMINT collection resource. Some US forces, such as combat and reconnaissance patrols, are routinely tasked and debriefed by the appropriate level G2/S2. Others, such as medical teams or engineers who have extensive contact with the local population, should also be debriefed.
5-23. Commanders and staff members who serve as liaison with the local population and local government officials can be fruitful sources of information. CA, PSYOP, MP, and other elements also have legitimate reasons to conduct liaison with local authorities and should be debriefed as appropriate. The friendly force debriefing effort can succeed only with command emphasis.
5-24. HUMINT collection elements need to coordinate with local units to identify those individuals who would be most profitable to debrief and to further coordinate with them for time to conduct the debriefing. Although the S2 and S3 can and should task their soldiers to conduct collection tasks during the course of their normal duties, HUMINT collectors must ensure that their friendly force debriefing effort does not interfere with the primary mission accomplishment of the soldiers being debriefed. HCTs should ensure that the necessary staff S2s and S3s are aware of the HUMINT collection
6 September 2006
requirements and request that the staffs incorporate these into their respective collection taskings. The results of debriefings by 1.!-nits should also be disseminated to the HCTs for source development, collection targeting, and analysis.
Official Liaison
5-25. Liaison with local military, government, or civilian agency officials provides an opportunity to collect information required by the commander. The HUMINT collector meets with these officials to conduct liaison, coordinate certain operations, collect information, and obtain leads to potential sources of information. Elicitation is the primary technique used with liaison contacts, although in many cases there is a more formal exchange of information. Information obtained by these elements through liaison normally tends to reflect the official positions of their superiors and may not be entirely accurate or complete.
Detainees
5-26. A detainee is any person captured or otherwise detained by an armed force. An EPW is a detainee who meets the criteria of Articles 4 and 5 of the GPW. (See Appendix A.) Detainees may be interrogated. They are frequently excellent sources of information but in many instances the access of the HUMINT collector to the detainees may be curtailed.
5-27. For example, when supporting a counterinsurgency, the supported government may consider all captured insurgents to be criminals and not allow US forces access to them. In these instances, US HUMINT collectors should attempt to sit in during local questioning; they could submit questions or, at a minimum, coordinate to receive the reports from local authority questioning. US HUMINT collectors must remember that regardless of the legal status of the detainees they must be treated in a manner consistent with the Geneva Conventions. (See Appendix A.)
FORMAL CONTACT
5-28. Formal contacts are individuals who have agreed to meet and cooperate with HUMINT collectors for the purpose of providing information. HUMINT collectors who have met with a particular continuous contact three or more times should consider assessing him for use as a formal contact. Formal contacts meet repeatedly with HUMINT collectors, and their operation and tasking must be carried out in accordance with AR 381-172 (S//NF), DIAM 58-11 (SIINF), and DIAM 58-12 (SIINF).
5-29. Formal contacts are generally local nationals or third-country national employees. Knowledge of their meeting with HUMINT collectors is restricted. This can be accomplished by either disguising the fact that the HUMINT collection personnel are indeed HUMINT personnel, or by concealing the purpose of overt meetings with HUMINT personnel. HCTs take extraordinary measures to protect their relationship with these contacts. Depending on METT-TC factors, meetings with formal contacts may range from overt meetings, which are conducted discreetly in order to protect the
6 September 2006
relationship between the source and HUMINT collectors, to meetings whereby only the collector and the source know the meeting has occurred. When contact operations are conducted using this methodology, the operation must be coordinated in accordance with the Under Secretary of Defense for Intelligence (USD(I» policy cited in Appendix J. Specific direction regarding documentation required for recruitment, and the designation of approval authority (usually the J/G2X) for recruitment of a formal contact, will be specified in Appendix 5 (HUMINT) of Annex B (Intelligence) to the governing OPLAN or OPORD.
DEBRIEFING OPERATIONS
5-30. Debriefing operations refer to the systematic questioning of individuals not in the custody of the US, to procure information to answer collection tasks by direct and indirect questioning techniques. The primary categories of sources for debriefings are friendly forces and civilians including refugees, DPs, and local inhabitants.
5-31. Debriefing operations are those operations directed towards collecting information from a segment of the target population using primarily debriefing techniques. These debriefing operations are separate from the G2/S2 debriefing program to debrief personnel returning from missions. Debriefing operations often include the debriefing of personnel who may not usually be debriefed as part of their assigned duties.
5-32. Normally Army debriefing operations will be directly related to collection tasks at the operational and tactical levels. Strategic debriefing of high-level personnel in response to theater and national level requirements is often under the purview of the DIAlDH. Army HUMINT collectors frequently participate in this type of collection, which is under the control, rules, regulations, and operational guidance of DH.
PRINCIPLES AND GUIDELINES
5-33. Debriefing operations are conducted under the guidelines of DIAM 58-11 (SIINF) and DIAM 58-12 (SIINF). They are further subject to applicable execute orders and the specific ROE and classified "umbrella concept" that apply to the specific AO.
OPERATIONAL CONSIDERATIONS AND REQUIREMENTS
5-34. Debriefing requires relatively unconstrained access to the target audience. Debriefing operations are frequently constrained by the umbrella concept, overt operational proposal (OVOP), and OPORDs. Debriefing is a time-and resource-demanding operation that often shows limited immediate results. Since the potential target audience is so large, debriefing operations require careful planning and careful screening and selection of specific targets.
6 September 2006
DEBRIEFING OPERATIONS AT THE TACTICAL LEVEL
5-35. Debriefing operations at the tactical level include the debriefing of elements of the local and transient civilian population in support of ongoing tactical operations. This is different from but often supportive of tactical SCOs as described in Chapter 1. Although tactical SCOs use specific identified sources to obtain and report information, tactical debriefing operations use one-time and continuous contacts to answer requirements. Tactical debriefing operations are frequently combined with tactical interrogation operations and may identify potential sources for tactical SCOs.
REFUGEE FACILITY AND CHECKPOINT OPERATIONS
5-36. Refugee facility and checkpoint operations involve placing HCTs at points where US forces expect to encounter large numbers of refugees. Deployment of HUMINT collectors at checkpoints is normally preferred due to their ability to collect and report more timely information. As in the questioning of detainees, the debriefing of refugees should not delay their movement out of the danger area.
5-37. Checkpoint debriefing is normally done in coordination with MP or combat forces that are manning the checkpoint. Debriefing at refugee camps is used to obtain longer term and less immediate information. HUMINT collection units established at refugee camps coordinate their activities with the CA, MP, NGO, or other organizations that has responsibility for operating the refugee camp.
5-38. In internment facilities operated by the MPs, HUMINT collectors coordinate with MPs for access to the detainees and for guard support. In facilities operated by NGOs, HUMINT collectors coordinate with NGOs for permission to speak to the refugees. NGOs are civilian agencies and may decide not to permit HUMINT collectors to have access to refugees.
FRIENDLY FORCE DEBRIEFING
5-39. Every member of the friendly force is a potential source for HUMINT collection. Friendly force personnel frequently have contact with the threat, civilian population, or the environment. Although many individuals report their information in the form of combat information, many do not report the information, do not realize its significance, or do not know how to report key information. Frequently a systematic questioning by a trained HUMINT collector will identify key information that can contribute to the intelligence picture and help an individual recall details. It also helps to place his information into a systematic format for the analyst to use.
5-40. HUMINT collectors debrief selected friendly force personnel including combat patrols, aircraft pilots and crew, long-range surveillance teams, deep insert special forces teams, and other high-risk mission personnel. Often the personnel assigned to a sector of responsibility are the first to notice changes in the attitude of the local populace or differences in the mission environment.
5-41. They are also able to provide indicators concerning the mISSIOn environment. HUMINT collectors also conduct debriefings of returned
6 September 2006
prisoners of war (POWs), freed hostages, returned US defectors, and soldiers reported as missing in action. These debriefings help to determine enemy methods of operations, enemy intentions, POW handling and interrogations, enemy weaknesses, information concerning other POWs not returned, and battle damage assessment (BDA).
5-42. HUMINT assets lose access to valuable information if they are not regularly coordinating with the following elements:
•
Cavalry Troops, Unit Patrols, and Scouts. Unit patrols and scouts have a unique view of the battle area that sensors cannot detect. During operations, units and scouts often patrol villages or populated areas that are contentious and therefore of interest. The unit will gain valuable information on the current status of the AO, potentially answering intelligence requirements, through mission reporting and debriefing by their unit S2 or HUMINT collector.

•
Military Police. HUMINT collection assets work with the MPs who gain area knowledge through their extensive foot patrols and vehicular convoys. MPs also staff checkpoints and traffic control points (TCPs) where they interact with large numbers of the civilian populace and encounter people and situations that often answer intelligence requirements. MP guards at any internment facility are a valuable source of information on the attitude and behavior of detainees. HUMINT collectors should coordinate with the MP detainee facility commander in order to obtain information on detainees obtained through custodial observation and conversations.

•
Civil Affairs. CA units have daily interaction with the civilian populace including key members of the civilian community such as politicians, technical personnel, and military leadership.

•
Psychological Operations. PSYOP teams often interview civilians on the battlefield to determine the effectiveness of friendly and threat PSYOP campaigns. PSYOP elements also gather information on political, social, and other PSYOP requirements. PSYOP elements produce and disseminate intelligence products based partially on their interaction with the civilian populace.

•
Special Operations Forces. The Special Operations Forces (SOF) team often has greater access to humans and areas on a battlefield than any other collection asset. Their observation of and interaction with the local population provides them access to information that often answers collection requirements. The following are examples of these types of collection missions:

•
Special reconnaissance missions into denied territory to satisfy intelligence gaps or to confirm information from another source.

•
Unconventional warfare (UW) missions normally of a long duration. SOF are inserted into hostile territory to conduct sensitive operations that support US tactical and national objectives. During these missions, SOF units often come in contact with the local population and gather information that meets intelligence requirements.

•
Long-Range Surveillance. Direct observation and reporting on targets such as activities and facilities may provide timely and

6 September2006
accurate intelligence to support a decision or cross-cue other collection capabilities. Long-range surveillance (LRS) is often employed when discreet observation of an activity is necessary over a long period of time or when a collection system that can respond to redirection is necessary.
• Criminal Intelligence Operations. CID personnel, in cooperation with MP soldiers, playa key role by linking criminal intelligence to specific groups and events. The criminal intelligence collection effort specifically targets weapons, drugs, organized crime, and identities of smuggling routes. The identification of smuggling routes results in a significant increase in numbers of weapons being confiscated. The timely transfer of criminal intelligence products to tactical units enables a rapid response to serious confrontations, increased confiscation of arms and ammunition, and improved stability in a TF and AO. The Fusion Cell within the ACE develops intelligence products from national, theater, and operational sources. Due to the significant threat that criminal elements pose, CID military agents and CID civilian analysts may be attached to the Fusion Cell to facilitate the police intelligence function.
STRATEGIC DEBRIEFING OPERATIONS
5-43. Strategic debriefing is debriefing activity conducted to collect information or to verify previously collected information in response to national or theater level collection priorities. This avoids surprises of a strategic nature and is used to support long-range strategic planning. Strategic debriefing is conducted in peacetime as well as in wartime. It often fills intelligence gaps on extremely sensitive topics or areas. The sources for strategic debriefing include but are not limited to emigres, refugees, displaced persons, defectors, and selected US personnel. Strategic debriefing guidance is provided in DIAM 58-11 (S//NF), DIAM 58-12 (SIINF), and DODD 3115.09, "DOD Intelligence, Interrogations, Detainee Debriefings, and Tactical Questioning."
5-44. Strategic debriefing is conducted in a non-hostile, business-like manner. The rapport posture is usually amicable as the source is usually willingly answering national level intelligence needs. Although voluntary sources may not be motivated by a desire for money or other material incentives, it is necessary to ensure that any promised incentives are delivered. The time used in a strategic debriefing can range from days to years. Sources typically have high-level backgrounds in scientific, industrial, political, or military areas.
5-45. Information gathered as strategic intelligence is categorized into eight components. Each of these components can be divided into subcomponents. These components and subcomponents are neither all-encompassing nor mutually exclusive. This approach enhances familiarization with the types of information included in strategic intelligence. An easy way to remember these components is the acronym "BEST MAPS":
6 September 2006
Biographic Intelligence Economic Intelligence Sociological Intelligence Transportation and Telecommunications Intelligence
Military Geographic Intelligence
Armed Forces Intelligence Political Intelligence
Science and Technological Intellie:ence
•
Biographic intelligence is the study of individuals of actual or potential importance through knowledge of their personalities and backgrounds. For further guidance on collecting and reporting biographic intelligence, see DIAM 58-12 (S//NF). The subcomponents are

•
Educational and occupational history-eivilian and military backgrounds of individuals.

•
Individual accomplishment-notable accomplishments of an individual's professional or private life.

•
Idiosyncrasies and habits-mannerisms and unusual lifestyles.

•
Position, influence, and potential-present and/or future positions of power or influence.

•
Attitudes and hobbies-significant interests that may affect an individual's accessibility.

•
Economic intelligence studies economic strengths and weaknesses of a country. The subcomponents are

•
Economic warfare-information on the diplomatic or financial steps a country may take to induce neutral countries to cease trading with its enemies.

.•   Economic    vulnerabilities-the degree to which a country's military would be hampered by the loss of materials or facilities.
•   Manufacturing-information on processes, facilities, logistics, and raw materials.
• Source of economic capability-any means a country has to sustain its economy (for example, black market trade, legitimate business or trades, and imports and exports).
•
Sociological intelligence deals with people, customs, behaviors, and institutions. The subcomponents are

•
Population-rates of increase, decrease, or migrations.

• Social characteristics-eustoms, morals, and values.
•
Manpower-divisions and distribution within the workforce.

•
Welfare-health and education.

• Public information-information services within the country.
• Transportation and telecommunications intelligence studies systems dedicated to and used during military emergencies and peacetime.
5-11
6 September 2006
•
Military geographic intelligence studies all geographic factors (physical and cultural) that may affect military operations. Physical geography is concerned with natural or manmade geophysical features. Cultural geography provides demographics information.

•
Armed forces intelligence is the integrated study of the ground, sea, and air forces of the country. The subcomponents are

•
Strategy-military alternatives in terms of position, terrain, economics, and politics.

•
Tactics-military deployments and operations doctrine.

•
OB-Iocation, organization, weapons, strengths.

•
Equipment-analysis of all military materiel.

•
Logistics-procurement, storage, and distribution.

•
Training-as carried out at all echelons to support doctrine.

•
Organization-detailed analysis of command structures.

•
Manpower-available resources and their conditioning.

•
Political intelligence studies all political aspects which may affect military operations. The subcomponents are

•
Government structure-organization of departments and ministries.

•
National policies-government actions and decisions.

• Political dynamics-government views and reactions to events.
•
Propaganda-information and disinformation programs.

•
Policy and intelligence services-organization and functions.

•
Subversion-subversive acts sponsored by the government.

•
Science and technological intelligence studies the country's potential and capability to support objectives through development of new processes, equipment, and weapons systems. The subcomponents are

•
Weapons and weapon systems.

•
Missile and space programs.

•
Nuclear energy and weapons technology.

•
NBC developments.

• Basic applied science.
•   Research and development systems.
LIAISON OPERATIONS
5-46. Liaison is conducted to obtain information and assistance, to coordinate or procure material, and to develop views necessary to understand counterparts. Liaison contacts are normally members of the government, military, law enforcement, or other member of the local or coalition infrastructure. The basic tenet of liaison is quid pro quo. An exchange of information, services, material, or other assistance is usually a part of the transaction. The nature of this exchange varies widely depending upon the culture, location, and personalities involved.
5-47. Because the nature of liaison tasks varies widely, the general goals of the liaison operation and the objective of each liaison contact should be
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______________________________FM 2·22.3
clearly defined. The objective should include the type of information to be collected, methods of operations unique to the area, and the command objectives. Additionally, the collector should know limitations on liaison activities. These limitations include-
•
Prohibitions    against collecting certain types of information or contacting certain types of individuals or organizations.

•
Memorandums of understanding with other echelons which delineate each echelon's AOR and AORs for subordinate units.

•
Coordination requirements per DCID 5/1 dated 19 December 1984, which are required for selected types of liaison activities.

5-48. Administrative considerations include-
•
Type, method, and channels of reporting information obtained from liaison activities.

•
Project and contingency fund site numbers to be used.

•
Funding and incentive acquisition procedures.

•
Limitations on the use of ICFs or incentives.

•
Reporting system used.

•
Authority under which the specific liaison program is conducted and guidelines for joint and combined operations are set.

5-49. Benefits of liaison include-
•
Establishing working relations with various commands, agencies, or governments.

•
Arranging for and coordinating joint and combined operations.

•
Exchanging operational information and intelligence within legal limits.

•
Facilitating access to records and personnel of other agencies not otherwise accessible.

•
Acquiring information to satisfy US requirements.

•
Accessing a larger pool of information.

INTERROGATION OPERATIONS
5-50. HUMINT interrogation is the systematic process of using approved interrogation approaches to question a captured or detained person to obtain reliable information to satisfy intelligence requirements, consistent with applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 231O.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. Interrogation is to be conducted by personnel trained and certified to use legal, approved methods of convincing EPWs/detainees to give their cooperation. Interrogation sources are detainees, including EPWs.
5-51. Definitions of EPWs and rules for their treatment are contained in the
Geneva Convention Relative to the Treatment of Prisoners of War (GPW).
The definition and rules for the treatment of civilians are contained in the
6 September 2006 5·13
Geneva Conventions Relative to the Protection of Civilian Persons in Time of War (GC). (See Appendix A.) For persons covered by those Conventions, applicable GPW and GC provisions must be adhered to at all times. (Regarding treatment of detained personnel, see also paragraph 5-74.)
5-52. There is an additional protocol to the Geneva Conventions called Protocol I Additional to the Geneva Conventions, 1977, which also contains definitions of who is a civilian and who is an EPW (Articles 50 and 44). The US has not ratified Protocol I nor does it accept the expanded definition of EPWs that it contains. Requirements managers, J/G/S2X personnel, and HUMINT collectors should understand, however, that coalition military personnel with whom they may work may be bound by Protocol I, and those coalition personnel may be required to treat additional personnel as EPWs. Any questions concerning the GPW and Protocol I must be directed to the SJA office for clarification.
5-53. Interrogation operations are specific operations normally conducted at detainee collection facilities directed at the wide-scale collection of information from detainees using interrogation techniques. Although field interrogations are conducted at all echelons and during all operations in which there are detainees, detention facilities where interrogation operations occur are normally located only at theater or JTF level.
5-54. Compliance with laws and regulations, including proper treatment of detainees, is a matter of command responsibility. Commanders have an affirmative duty to ensure their subordinates are not mistreating detainees or their property. HCT leaders must effectively supervise their subordinate collectors during all interrogation operations. Supervisors must ensure that each HUMINT collector has properly completed an interrogation plan and sound collection strategy, and fully understands the intelligence requirements he is seeking to satisfy prior to beginning an interrogation. NCOs and was should regularly participate in interrogations with their subordinates to ensure that the highest standards of conduct are maintained. Interrogation supervisors should also monitor interrogations by video, where video monitoring is available. The production, use, and dissemination of interrogation videos must be tightly controlled by HCT leaders. Such videos must not be released for dissemination outside the Intelligence Community without the express permission of the SECDEF or his delegate.
NON-DOD AGENCIES
5-55. Non-DOD agencies may on occasion request permISSIon to conduct interrogations in Army facilities. These requests .must be approved by the JTF commander or, if there is no JTF commander, the theater commander or appropriate higher level official. The interrogation activity commander will assign a trained and certified interrogator to escort non-DOD interrogators to observe their interrogation operations. The non-DOD personnel will sign for any detainee they want to question from the MPs, following the same established procedures that DOD personnel must follow. In all instances, interrogations or debriefings conducted by non-DOD agencies will be observed by DOD personnel. In all instances, non-DOD agencies must observe the same standards for the conduct of interrogation operations and
6 September 2006
______________________________FM 2-22.3
treatment of detainees as do Army personnel. All personnel who observe or become aware of violations of Army interrogation operation standards will report the infractions immediately to the commander. The personnel who become aware of mistreatment of detainees will report the infractions immediately and suspend the access of non-DOD personnel to the facility until the matter has been referred to higher headquarters. Non-DOD personnel conducting interrogation operations in an Army facility must sign a statement acknowledging receipt of these rules, and agree to follow them prior to conducting any interrogation operations. Non-DOD personnel working in DOD interrogation facilities have no authority over Army interrogators. Army interrogators (active duty, civilian, or contractor employees) will only use DOD-approved interrogation approaches and techniques.
FOREIGN GOVERNMENT INTERROGATORS
5-56. Foreign governments may request to participate, or may be invited to participate in interrogations in Army facilities. Requests for foreign government access to detainees will be forwarded through the operational chain of command for appropriate action pursuant to DOD policy. Foreign government personnel must comply with US DOD policies and observe the same standards for the conduct of interrogation operations and treatment of detainees as do Army personnel. The interrogation activity commander will assign a trained and certified interrogator to escort foreign government interrogators to observe their interrogation operations. The foreign government personnel will sign for any detainee they want to question from the MPs, following the same established procedures that US DOD personnel must follow. In all instances, interrogations or debriefings conducted by foreign government interrogators will be observed by US DOD personnel. In all instances, foreign government interrogators must observe the same standards for the conduct of interrogation operations and treatment of detainees as do US Army personnel.
MP FUNCTIONS IN ASSOCIATION WITH INTERROGATION OPERATIONS
5-57. MP and MI personnel both have responsibilities with regard to EPW/detainees, but with different goals and responsibilities. (See DOD Directive 3115.09.) Therefore, close coordination must occur between MP and MI personnel in order to facilitate the effective accomplishment of the MP and MI missions. Both MP and MI personnel must ensure that they treat detainees in accordance with the baseline standards of humane treatment.
5-58. MPs are responsible for the humane treatment, evacuation, custody and control (reception, processing, administration, internment, and safety) of detainees; force protection; and the operation of the internment facility, under the supervision of the provost marshal. The MPs do not conduct intelligence interrogations. Intelligence interrogation is strictly a HUMINT function. DOD policy requires that all detainees in its control, whether or not interrogation has commenced, are assigned an internment serial number as soon as possible, normally within 14 days of capture. (See AR 190-8.)
6 September 2006 5-15
5-59. The standard MP security and internment functions are the only involvement the MPs have in the interrogation process.·MPs will not take any actions to set conditions for interrogations (for example, "softening up" a detainee). For purposes of interrogation, military working dogs will not be used.
5-60. MPs may support interrogators as requested for detainee custody, control, escort, and/or additional security (for example, for combative detainees). When interrogators promise an incentive to a detainee, the interrogators must coordinate with the MPs to ensure that the detainee receives the incentive and is allowed to retain it. MPs may provide incentives in support of interrogation operations unde~ the following conditions:
•
Using incentives is coordinated with and approved by the MP facility commander.

•
Providing and withdrawing incentives does not affect the baseline standards of humane treatment. This means that MPs can provide incentives such as special food items. However, when the incentive is withdrawn, the MPs still must provide the normal rations.

•
Using incentives does not violate detainee custody and control or facility security. This means that if a HUMINT collector requests MPs to provide an incentive (for instance, specialty food) but the detainee has been spitting on the guards, then MPs would not provide the incentive because it might reinforce inappropriate behavior.

5-61. MPs exercise the overall responsibility for the safety of detainees, even in those cases in which detainees are in the temporary custody of HUMINT collectors or other agency personnel for the purpose of interrogation. HUMINT collectors should arrange with the MP supervisor to debrief MP guards. Guards who observe and interact with detainees can report the detainees' disposition, activities, mood, and other observable characteristics.
5-62. HUMINT collectors conduct interrogations for intelligence information. They normally work within the confines of the detainee detention facility, but have no involvement in the mission of the security of detainees. MPs follow a strict protocol concerning access to detainees. Accompanied and unaccompanied access to detainees must be coordinated and approved in advance by the MP commander responsible for the detainees or that commander's designated representative.
5-63. When HUMINT collectors coordinate for a detainee interrogation in an internment facility, the MPs escort the detainee to the interrogation site, which is collocated with, or located within the internment facility. MPs verify that the HUMINT collector is authorized access to the detainee. Depending on security concerns, the HUMINT collector may request that the MP remain, or he may request the MP depart until the detainee needs to be returned to the living area. Ifthe MP remains, his functions are to maintain the security, accountability, and safety of the detainee and the safety of the interrogator, interpreter, and others in the interrogation site. The MP will perform no role in the interrogation. When conducting interrogations in a holding area such as a detainee collection point (DCP), MPs may not be available to provide security for interrogation operations. In that case, the·
5·16 6 September 2006
HUMINT collector will need to arrange for security from the unit that has established the holding area.
5-64. If the MP departs the immediate area where the detainee is being questioned (for example, asked to wait outside the interrogation room), the HUMINT collector will assume custody and responsibility for the detainee by signing for the detainee, noting the detainee's physical condition.
5-65. SOPs should be written to comply with a requirement that interrogation operations will always be under observation, whether conducted in fixed sites, holding areas, or in the field. Physical setup and logistical availability will dictate whether observation is conducted directly, from a concealed location, or by video monitoring. HUMINT collectors should never be alone with a detainee without being under observation.
5-66. Once a HUMINT collector has assumed custody of a detainee, he will not turn the detainee over to anyone other than an MP. Specifically, he will not allow another government agency to assume custody from him. The HUMINT collector will instead return the detainee to the custody of the MP, and the agency seeking custody of the detainee will then be required to do so from the MP. Likewise, HUMINT collectors will not assume custody of a detainee directly from another government agency, but will require them to return the detainee directly to the custody of the MP.
LEGAL, REGULATORY, AND POLICY PRINCIPLES AND GUIDELINES
5-67. The GPW (Appendix A, Section I), the GC (Appendix A, Section III), and the UCMJ are relevant documents pertaining to interrogations of detainees.
5-68. The approaches, psychological techniques, and other principles presented in this manual must be conducted in accordance with applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 231O.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. US policy is to treat all detainees and conduct all interrogations, wherever they may occur, in a manner consistent with this commitment. Authority for conducting interrogations of personnel detained by military forces rests primarily upon the traditional concept that the commander may use all available resources and lawful means to accomplish the mission and to protect and secure the unit.
6 September 2006
5-17
"Prisoners of war do not belong to the power for which they have fought; they are all under the safeguard ofhonor and generosity of the nation that has disarmed them. "
-Napoleon, The Military Maxims ofNapoleon 1927, ed. Bumod
POINT OF CAPTURE THROUGH EVACUATION
HUMINT Functions MP Functions
• Screen and question detainees at TCPs and
•
Maneuver and Mobility Support Operations

checkpoints
•
Area Security

• Question contacts, local civilians, refugees,
•
Internment and Resettlement Operations

and EPWs
•
Law and Order Operations

• Conduct liaison with military and civilian
•
Police Intelligence Operations

agencies

reported

•
Ensure detainee abuse is avoided and

•
Report information obtained

•
Ensure detainee abuse is avoided and reported

•
Support DOCEX

DETENTION FACILITY MP Functions HUMINT Functions
•
Detain and guard EPWs, civilian internees, • Debrief guards and other detainees • Screen detainees and EPWs for PIR and IR

•
Conduct reception and processing • Provide linguist support when possible

•
Coordinate Classes I, II, and VIII supplies • Observe detainees under MP control

•
Coordinate NGOs, PVOs, and interagency • Ensure detainee abuse is avoided and visits reported

•
Ensure detainee abuse is avoided and reported • Conduct interrogations

•
Transport detainees within the detention • Report information obtained facility to interrogation area • Cross-cue other intelligence disciplines

•
Maintain security during interrogation (as needed) operations • Support DOCEX

Figure 5-1. MP vs HUMINT Responsibilities.
5-69. The Geneva Conventions establish specific standards for humane care and treatment of enemy personnel captured, retained, or detained by US military forces and its allies. All persons who have knowledge of suspected or alleged violations of the Geneva Conventions are obligated by regulation to report such matters through command channels or to designated individuals, such as the SJA or IG. For example, HUMINT collectors who are working with others must ensure that no incidents of detainee abuse occur, whether committed by a fellow HUMINTcollector, an interpreter, HN or coalition personnel, MP, representative of another government agency, or anyone else.
5-70. Failure to report a suspected or alleged violation of the law of war may subject the service member to disciplinary actions. Violations of the Geneva Conventions committed by US personnel may constitute violations of the UCMJ. The commander is responsible for ensuring that the forces under his command comply with the Geneva Conventions. If violations occur in the conduct of warfare, the commander bears primary responsibility for investigating and taking appropriate action with respect to the violators.
5-71. Every soldier has the duty to report serious incidents, whether
observed or suspected, in accordance with AR 190-40. Such incidents are
reported to the chain of command. If the chain of command itself is
6 September 2006
______________________________FM 2-22.3
implicated, the soldier can report the incident to the SJA, IG, chaplain, or provost marshal.
5-72. There are reasons for reporting serious incidents beyond those related to legal requirements. For instance, the publishing of enemy war crimes can be used to influence public opinion against the enemy. Also, reporting war crimes of other countries provides important information that may become relevant, since we would not be able to transfer detainees to any power that we could not rely on to treat them appropriately under the law of war, including the Geneva Conventions.
5-73. Several articles of the GPW apply to HUMINT collectors and interrogation operations. Excerpts from some of the most relevant articles of the Geneva Conventions are listed below. Although the following excerpts are specific to EPWs, service members must treat all detainees captured during armed conflict consistent with the provisions of the GPW unless a determination to the contrary is made. Moreover, US policy requires that US forces apply the principles of the Geneva Conventions, during military operations. (See Appendix A.)
•
Article 5 – Should any doubt arise as to whether persons having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.

•
Article 13 -PWs must at all times be treated humanely. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a PW in its custody is prohibited. Likewise, PWs must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.

•
Article 14 -PWs are entitled, in all circumstances, to respect for their persons and honor. Women shall be treated with all regard due to their sex, and shall in all cases benefit by treatment as favorable as that granted to men.

•
Article 15 -The Power detaining PWs shall be bound to provide, free of charge, for their maintenance and medical attention required by their state of health.

•
Article 17 -This article covers several requirements with direct impact on interrogation.

•
Every PW, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he willfully infringes this rule, he may render himself liable to a restriction of the privileges (emphasis added) accorded to his rank or status.

•
For example, this does not mean if a prisoner fails to give this information he loses status as a prisoner, only special privileges. An e:ll:ample might be an officer who fails to identify himself as such. An officer cannot be compelled to work (Article 49). An officer who fails to identify himself as such could lose this privilege.

5-196 September 2006
• The questioning of PWs shall be carried out in a language they understand.
• No physical or mental torture or any other form of coercion may be inflicted on EPWs to secure from them information of any kind whatever. PWs who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.
•
Article 18 -All effects and articles of personal use, except arms, horses, military equipment and documents, shall remain in the possession of PWs, likewise their metal helmets and protective masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall also remain in their possession, even if such effects and articles belong to their regulation military equipment.

•
Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from PWs.

• Sums of money carried by PWs may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank, and unit of the person issuing said receipt. (Note: Unit SOP should require initial impounding of all sums of money from detainees, properly documented and accounted for, in order to prevent detainees from using money to buy influence of any kind, or participate in black market or other improper activity.)
•
Article 19 -PWs shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. Only those PWs, who, owing to wounds and sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone.

•
Article 33 -Medical personnel and chaplains, while retained by the Detaining Power with a view to assisting PWs, shall not be considered as PWs. They shall, however, receive as a minimum, the benefits and protection of the Geneva Convention. They shall continue to exercise their medical and spiritual functions for the benefits of PWs.

5-74. All captured or detained personnel, regardless of status, shall be treated humanely, and in accordance with the Detainee Treatment Act of 2005 and DOD Directive 2310.1E, "Department of Defense Detainee Program," and no person in the custody or under the control of DOD, regardless of nationality or physical location, shall be subject to torture or cruel, inhuman, or degrading treatment or punishment, in accordance with and as defined in US law. All intelligence interrogations, debriefings, or tactical questioning to gain intelligence from captured or detained personnel shall be conducted in accordance with applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E,
6 September 2006
_______________________________FM 2-22.3
"The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. Use of torture is not only illegal but also it is a poor technique that yields unreliable results, may damage subsequent collection efforts, and can induce the source to say what he thinks the HUMINT collector wants to hear. Use of torture can also have many possible negative consequences at national and international levels.
Cruel, Inhuman or Degrading Treatment Prohibited
All prisoners and detainees, regardless of status, will be treated humanely. Cruel, inhuman and degrading treatment is prohibited. The Detainee Treatment Act of 2005 defines "cruel, inhuman or degrading treatment" as the cruel unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution. This definition refers to an extensive body of law developed by the courts of the United States to determine when, under various circumstances, treatment of individuals would be inconsistent with American constitutional standards related to concepts of dignity, civilization, humanity, decency and fundamental fairness. All DOD procedures for treatment of prisoners and detainees have been reviewed and are consistent with these standards, as well as our obligations under international law as interpreted by the United States.!
Questions about applications not resolved in the field by reference to DOD publications, must be forwarded to higher headquarters for legal review and specific approval by the appropriate authority before application.
The following actions will not be approved and cannot be condoned in any circumstances: forcing an individual to perform or simulate sexual acts or to pose in a sexual manner; exposing an individual to outrageously lewd and sexually provocative behavior; intentionally damaging or destroying an individual's religious articles.
! Nothing in this enclosure should be understood to affect the U.S. obligations under the law of war.
5-75. If used in conjunction with intelligence interrogations, prohibited actions include, but are not limited to
•
Forcing the detainee to be naked, perform sexual acts, or pose in a sexual manner.

•
Placing hoods or sacks over the head of a detainee; using duct tape over the eyes.

• Applying beatings, electric shock, burns, or other forms of physical pain.
•
''Waterboarding.''

•
Using military working dogs.

•
Inducing hypothermia or heat injury.

•
Conducting mock executions.

• Depriving the detainee of necessary food, water, or medical care. 5-76. While using legitimate interrogation techniques, certain applications of
approaches and techniques may approach the line between permissible actions and prohibited actions. It may often be difficult to determine where
6 September 2006
5-21
permissible actions end and prohibited actions begin. In attempting to determine if a contemplated approach or technique should be considered prohibited, and therefore should not be included in an interrogation plan, consider these two tests before submitting the plan for approval:
•
If the proposed approach technique were used by the enemy against one of your fellow soldiers; would you believe the soldier had been abused?

•
Could your conduct in carrying out the proposed technique violate a law or regulation? Keep in mind that even if you personally would not consider your actions to constitute abuse, the law may be more restrictive.

5-77. If you answer yes to either of these tests, the contemplated action should not be conducted. If the HUMINT collector has any doubt that an interrogation approach contained in an approved interrogation plan is consistent with applicable law, or if he believes that he is being told to use an illegal technique, the HUMINT collector should seek immediate guidance from the chain of command and consult with the SJA to obtain a legal review of the proposed approach or technique. (See paras 5-80 and 5-81 for information on responding to illegal orders.) If the HUMINT collector believes that an interrogation approach or technique is unlawful during the interrogation of a detainee, the HUMINT collector must stop the interrogation immediately and contact the chain of command for additional guidance.
CAUTION: Although no single comprehensive source defines impermissible coercion, certain acts are clearly prohibited. Certain prohibited physical coercion may be obvious, such as physically abusing the subject of the screening or interrogation. Other forms of impermissible coercion may be more subtle, and may include threats to turn the individual over to others to be abused; subjecting the individual to impermissible humiliating or degrading treatment; implying harm to the individual or his property. Other prohibited actions include implying a deprivation of applicable protections guaranteed by law because of a failure to cooperate; threatening to separate parents from their children; or forcing a protected person to guide US forces in a dangerous area. Where there is doubt, you should consult your supervisor or servicing judge advocate.
5-78. Security internees are detainees who are not combatants but who pose a security threat, may be under investigation, or who pose a threat to US forces if released. HUMINT collectors are required to treat all detainees humanely. EPWs are entitled to additional protections guaranteed by the GPW that security internees may not be eligible for. For example, allowing a security internee to communicate with a family member (a right that an EPW has under the Geneva Conventions) could allow him to pass information that would compromise a sensitive investigation and endanger the lives of soldiers and civilians. HUMINT collectors should consult with their SJA for clarification of detainees' status and rights.
5-79. HUMINT collectors are employed below brigade level when the combat situation requires limited tactical interrogation at battalion or lower.
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HUMINT collectors should also provide training in the area of tactical questioning to designated S2 personnel. The potential for abuse of the detainee is greatest at initial capture and tactical questioning phase. With the excitement and stress of the battlefield, unskilled personnel may exercise poor judgment or be careless and thus resort to illegal techniques to elicit critical information. Personnel who are not trained HUMINT collectors will not attempt to use approach techniques. Instructions must stress the importance of the proper treatment of detainees. Emphasize that in addition to legal requirements, the abuse of a detainee at the initial stage of contact often renders future interrogation futile. All treatment of detainees must be consistent with the Geneva Conventions. (See ST 2-91.6 for further information on tactical questioning.)
5-80. Orders given to treat detainees in any way that violate the Law of War, including the Geneva Conventions, or that result in detainees being treated in any prohibited manner are unlawful. Every soldier must know how to respond to orders that he perceives to be unlawful. If a soldier receives an order that he knows to be unlawful, or that a person of ordinary sense and understanding would know to be unlawful, or if the order is not clear enough to determine if it is legal or not, he should follow the steps set out below (preferably in the order listed):
• Ask for clarification.
•
State that the order is illegal if he knows that it is.

•
Use moral arguments against the order.

•
State the intent to report the act.

• Ask the senior interrogator to stop the act.
•
Report the incident or order if the order is not withdrawn or the act in question is committed.

•
If there appears to be no other recourse, refuse to obey the unlawful order.

NOTE: If the order is a lawful order, it should be obeyed. Failure to obey a lawful order is an offense under the UCMJ.
5-81. None of the above actions should be taken in the presence of any detainee. Witnessing actions taken to determine the legality of an order may lead to increased resistance of the detainee and could lead to increased resistance throughout the detainee population if they believe they are being treated unlawfully.
5-82. Illegal orders or incidents must be reported to the chain of command.
However, if the chain of command itself is implicated, report the incident or
order to the SJA, IG, chaplain, or provost marshal.
6 September2006 5·23
OPERATIONAL CONSIDERATIONS AND REQUIREMENTS
EPW Evacuation System
5-83. The MPs are responsible for evacuating detainees, civilian internees, and other detainees, as stipulated in AR 190-8. HUMINT collection assets must be placed to take advantage of the evacuation system the MPs will put into place. The evacuation of detainees and civilian internees normally is a slow and cumbersome process that can severely tax a maneuver unit's resources. Appendix D explains the handling of detainees in detail, including the 5Ss-Search, Silence, Safeguard, Segregate, and Speed to the Rear. The 5Ss are authorized with respect to handling detainees for the purposes of movement of detainees and security. The 5Ss are not authorized for use as interrogation approach techniques.
5-84. The initial evacuation of detainees and civilian internees is the responsibility of the capturing unit. That unit is normally responsible for moving the detainees and civilian internees from the point of capture to the nearest DCP. Under MP doctrine, the MPs are responsible for the detention, security, processing, safety, well-being, accountability, and humane treatment of detainees and civilian internees.
5-85. Normally the MPs assume responsibility for the further evacuation of the detainees and civilian internees; however, under certain circumstances, other units could be charged with this task. The detainees are normally evacuated from a DCP to a short-term collection facility and then finally to a theater internment facility. Once the theater internment facility Goint) is established, dependent on METT-TC factors, the internment facility escort guard units may go forward as far as the initial collection points and escort detainees and civilian internees to a short-term collection facility or straight to a theater internment facility.
5-86. Senior MP commanders coordinate and synchronize transportation and security requirements with MP divisional and BCT leaders. It may take 8 hours for a detainee to reach the DCP; 8 to 16 hours more to reach a shortterm collection facility; and 24 additional hours to reach the theater internment facility. Mandatory timelines will be determined in command policy guidance. Critical during this process is that MPs work closely with MI, SJA, and interagency personnel to determine the proper status of individuals detained. Determining whether an individual is an EPW, a criminal insurgent, or in another status is crucial to facilitate the release or transportation, holding, and security requirements. This determination will be used when the individual's biometric data is taken and entered into the Biometric Automated Toolset (BAT).
5-87. The HUMINT collection assets need to be positioned to maximize their collection potential and take advantage of the time available during evacuation. The rapidity of operations and the need to facilitate the commander's situational understanding–eoupled with the technological innovations that link the HUMINT collector to databases, analysts, and technical support from anywhere on the battlefield-require placing the HCTs forward into brigade and even maneuver battalion areas to provide
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immediate access to EPWs/detainees. EPWs/detainees are normally interrogated for tactical information in the maneuver battalion trains areas and then questioned in detail at the theater JIDC.
Security
5-88. When dealing with detainees, the HUMINT collector faces two security considerations: his own physical security and information security. Particularly when operating in support of tactical operations, the HUMINT collector is in close contact with enemy soldiers who could attempt to escape and may attack the HUMINT collector in doing so. Detainees during a stability and reconstruction operation are often people committed to a cause who find themselves in desperate circumstances. Although the detainees are normally under guard, the HUMINT collector must always be alert to any physical threat posed by these individuals. He must also ensure that his own actions do not provide the detainee with the means with which to harm the collector or anyone else.
5-89. The HUMINT collector should also be aware that EPWs and other detainees may attempt to elicit information. Since HUMINT collectors, by virtue of their position, may possess a great deal of classified information, they must be careful not to reveal it unwittingly in the process of questioning a detainee.

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5-25
PROHIBITION AGAINST USE OF FORCE

Acts ofviolence or intimidation, including physical or mental torture, or exposure to inhumane treatment as a means of or aid to interrogation are expressly prohibited. Acts in violation of these prohibitions may be a violation of US law and regulation and the law of war, including the Geneva Conventions of 1949, and may be criminal acts punishable under the UCMJ and other US law. Moreover, information obtained by the use of these prohibited means is of questionable value. If there is doubt as to the legality of a proposed form of interrogation, the advice of the SJA must be sought before using the method in question. Limitations on the use of methods identified herein as expressly prohibited should not be confused with psychological ploys, verbal trickery, or other nonviolent or non-coercive subterfuge used by the trained HUMINT collector in the successful interrogation of hesitant or uncooperative sources. Use oftorture by US personnel would bring discredit upon the US and its armed forces while undermining domestic and international support for the war effort. It also could place US and allied personnel in enemy hands at a greater risk of abuse by their captors. Conversely, knowing the enemy has abused US and allied POWs does not justify using methods of interrogation specifically prohibited by law, treaty, agreement, and policy. In conducting intelligence interrogations, the J2/G2/S2 has primary staff responsibility to ensure that these activities are performed in accordance with these laws and regulations. [*The commander bears the responsibility to ensure that these activities are performed in-accordance with applicable law, regulations, and policy. The unit must have an internal SOP for execution ofthe interrogation mission.] The psychological techniques and principles in this manual should neither be confused with, nor construed to be synonymous with, unauthorized techniques such as brainwashing, physical or mental torture, including drugs that may induce lasting or permanent mental alteration or damage. Physical or mental torture and coercion revolve around eliminating the source's free will, and are expressly prohibited by GWS, Article 13; GPW, Articles 13 and 17; and GC, Articles 31 and 32. Torture is an act committed by a person under the color of law specifically intended to inflict severe physical or mental pain and suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control. (Extracted from Title 18 of the United States Code, Section 2340A). *Emphasis added for use in this manual.

Capture Rates 5-90. Anticipating not only overall capture rates but also capture rates linked to specific operations is vital to the correct placement of HUMINT collectors supporting interrogation operations. Defensive and stability and reconstructions operations normally provide a small but steady flow of detainees while successful offensive operations can overwhelm HCTs. To be successful, HUMINT collection support to tactical operations must be carefully planned and prioritized. Available HUMINT collection assets must be balanced against the operations objective, enemy situation estimate, and projected EPW capture rates. The unit 82 is responsible for projecting capture rates.
Interrogating Wounded and Injured Detainees
5-91. Commanders are responsible to ensure that detainees receive adequate health care. Decisions regarding appropriate medical treatment of detainees and the sequence and timing of that treatment are the province of medical personnel. Detainees will be checked periodically in accordance with
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command health care directives, guidance, and SOPs, applicable to all detainees to ensure they are fit for interrogations. Detainees determined by medical personnel to be medically unfit to undergo interrogation will not be interrogated. Health care personnel will be on call should a medical emergency arise during interrogation. Health care personnel will report detainees' conditions, as appropriate, to the commander. Health care providers shall not be placed in a position to advise on the application or duration of interrogation approach techniques.
5-92. Wounded and otherwise injured detainees can be a valuable source of information. For evacuation purposes, medical personnel may classify detainees as walking wounded or sick or as non-walking wounded or sick. Walking wounded detainees are evacuated through normal evacuation channels. Non-walking wounded are delivered to the nearest medical aid station and evacuated through medical channels.
5-93. HUMINT collectors may interrogate a wounded or injured detainee provided that they obtain permission from a competent medical authority and that the questioning will not delay or hinder medical treatment. Questioning will not delay the administration of medication to reduce pain or the evacuation of the detainee to where they may receive medical treatment, nor will interrogation be allowed if it would cause a worsening of the condition of the detainee. In most cases, this simply requires the HUMINT collector to ask the doctor, medic, or other medical personnel ifit is all right to talk to the detainee.
5-94. With the doctor's permission, the HUMINT collector may talk to the detainee before, after, or during medical treatment. The HUMINT collector cannot at any time represent himself as being a doctor or any other type of medical personnel. Nor can he state, imply, or otherwise give the impression that any type of medical treatment is conditional on the detainee's cooperation in answering questions.
TYPES OF INTERROGATION OPERATIONS 5-95. There are two general categories of interrogation operations: field interrogation operations and interrogation facility operations.
FIELD INTERROGATION OPERATIONS 5-96. Field interrogation operations constitute the vast majority of interrogation operations at echelons corps and below. Field interrogations include all interrogation operations not conducted at a fixed facility. Current doctrine emphasizes the placement of HCTs forward with maneuver units to provide immediate interrogation support while the information is fresh and the detainee may still be susceptible to approaches, due to the shock of capture. The rationale for this method of employment is twofold:
•
First, the pace of the modern battlefield no longer allows the luxury of waiting for a detainee to reach a collection point prior to interrogation. Commanders need more timely information, including HUMINT. Also, automated tools and improved communications now permit rapid transmittal of information from forward-deployed HCTs.

•
Second, current MP doctrine has the theater level EPW escort companies picking up detainees as far forward as the division forward collection points and bypassing the intervening collection points.

5-27
6 September2006
5-97. An added benefit of placing the HCTs with maneuver units is that it allows them to conduct other HUMINT collection activities, such as the debriefing of local civilians and refugees concurrently with interrogation operations. HCTs are allocated to maneuver units based on
•
The relative importance of that subordinate element's operations to the unit's overall scheme of maneuver.

•
The potential for that subordinate element to capture detainees, documents, and materiel or encounter civilians on the battlefield.

•
The criticality of information obtained from those sources to the success of the parent unit's overall OPLANs.

5-98. As the mission and situation change, the HCTs are redistributed. As MI assets, they should never be kept in reserve.
5-99. During offensive and defensive operations, HCTs normally operate with maneuver brigades and battalions. HUMINT collectors with battalions or brigades should be equipped with vehicles and communications systems that are compatible with the systems organic to the supported unit. HUMINT collectors with brigades and battalions receive their collection priorities from the S2 of the supported unit. In stability and reconstruction operations, the HCTs normally operate in the AOs of battalion and brigade TFs.
INTERROGATION FACILITY OPERATIONS
5-100. Joint interrogation operations are operations conducted at higher echelons, usually at, and in coordination with, EPW and detainee internment facilities. The Joint Forces Commander (JFC) normally tasks the Army component commander to establish, secure, and maintain the EPW internment facility system. The corps may have the mission of establishing an interrogation facility when it is acting as the Army Forces (ARFOR) or Land Component Command (LCC) element.
5-101. An echelon above corps (EAC) MP brigade normally operates the theater internment facility. The subordinate JFC with a J2 staff lead establishes a Joint Interrogation and Debriefing Center as an activity within the theater internment facility. The MI Brigade Commander or other named SIO is normally designated as the JIDC commander. Army interrogation operations are normally carried out in an area of the MP-operated internment facility set aside for that use.
5-102. The JIDC is normally administratively and operationally self
sufficient. A JIDC will function as part of an overall detainee command and
control structure as outlined in FM 3·19.40 and/or by policy. Continuous
coordination between the JIDC commander and internment facility
commander is essential. The JIDC will
• Normally consist of facility headquarters, operations, analysis, editorial, interrogation, screening, and DOCEX elements.
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_______________________________FM 2-22.3
•
Collocate with the theater detainee internment facility.

•
Organizationally structure itself to meet METT-TC requirements within the theater.

•
Include HUMINT collectors, CI personnel, technical experts, personnel for CEDs and DOCEX, and intelligence analysts, as applicable, from the Army, Air Force, Marine Corps, Navy, and other government agencies.

•
Maintain the capability to deploy HCTs forward, as needed, to conduct interrogations or debriefings of sources of interest who cannot be readily evacuated to the JIDC.

•
Often establish a combined interrogation facility with allied HUMINT collector or interrogator augmentation if operating as part of a multinational operation.

•
Receive collection guidance from the C/J/G2X and send its intelligence reports to the C/J/G2X and to the supported C/J/G/S2.

5-103. The exact size and organizational structure of these elements will vary dependent on METT-TC.
Headquarters Element
5-104. The activity headquarters provides all command, administrative, logistic, and maintenance support to the JIDC. Itcoordinates with
•
Higher headquarters for personnel, intelligence, and operational and logistical support prior to and after deployment.

•
Theater J2 for reporting procedures, operational situation updates, theater and national level intelligence requirements, and collection priorities.

•
Provost marshal for location of theater detainee internment facilities and for procedures to be followed by HUMINT collectors and MPs for the processing, interrogating, and internment of EPWs.

•
Commanders of theater medical support units and internment facility for procedures to treat, and clear for questioning, wounded EPWs.

•
Commanders of supporting CI and TECHINT assets to establish support requirements and procedures.

•
The servicing SJA.

•
Magistrate for Article 78 issues.

•
Commanders of Air Force, Marine, Navy, and national level organizations to arrange administrative and logistic interoperability.

Operations Element
5-105. The operations element controls the daily activities within the JIDC. The JIDC operations element
•
Ensures that work areas are available for all JIDC elements.

•
Establishes and maintains JIDC functional files, logs, and journals.

•
Makes detainee files available to detainee release boards to assist the board members in their determinations.

•
Establishes interrogation priorities.

5-29
6 September 2006
•
Disseminates incoming and outgoing distribution.

•
Conducts coordination with local officials, adjacent and subordinate intelligence activities, CI, MP, PSYOP, the Joint Captured Materiel Exploitation Center (JCMEC), Plans and Policy Directorate (J5), and provost marshal.

•
Conducts coordination with holding area officer in charge (OIC) for screening site, medical support, access, movement, and evacuation procedures for detainees.

•
Conducts operations briefings when required.

•
Supervises all JIDC operations and establishes SOPs.

•
Supervises all intelligence collection activities within the JIDC.

•
Ensures observers are present when aGAs use the JIDC's interrogation rooms.

Analytical Element
5-106. The analytical element normally is directly subordinate to the operations element. The JIDC analytical element ensures that collection requirements are current and validated. It reviews reports to ensure that the information reported is in response to validated collection requirements. In addition, they ensure an up-to-date common operational picture (COP) by maintaining digital mapping of the current tactical situation and with OB updates to help HUMINT collectors maintain their situational awareness. At locations where digital mapping is not possible, paper situation maps (SITMAPs) are maintained. This element also
•
Obtains, updates, and maintains the database.

•
Works with interrogators to provide collection focus for interrogations.

•
Establishes and maintains OB workbooks and files including data generated by intelligence information which has not been verified.

•
Maintains digital or paper SITMAPs, as available, displaying enemy and friendly situations.

•
Catalogs, cross-references, and disseminates collection requirements to JIDC collection elements.

•
Reviews interrogation reports for inclusion into the database.

•
Conducts situation briefings when required.

•
Conducts intelligence reach with the J2 analytical cell and other analytical elements, such as INSCOM Information Dominance Center, for relevant information and analysis.

Editorial Element
5-107. The editorial element is normally directly subordinate to the operations element. It reviews all outgoing reports for format, content, and completeness.
DOCEX Element
5-108. At a mmimum, the JIDC will contain a small DOCEX element to translate, screen, and extract information from and report on information of
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intelligence interest from source-associated documents. The theater joint document exploitation facility (JDEF) may be collocated with the JIDC. In this instance, the JDEF will translate, screen, categorize, and exploit all types of CEDs.
Screening Element
5-109. The JIDC normally has a separate screening element to receive and screen all incoming detainees and their personal effects. The screening element will review previous screening reports, which should have been sent along with the detainees; recommend priorities for interrogation; identify individuals of interest to other agencies; and may conduct limited interrogations for PIR information. The exact size of the element will vary based on detainee capture rates and detainee flow. Interrogation elements should use their most experienced interrogators as screeners in order to quickly and effectively select the detainees for interrogation who are most likely to possess useful information.
Interrogation Element
5-110. The interrogation element assigns HUMINT collectors to specific detainees, uses interrogation and other HUMINT collection methods to obtain information in response to intelligence requirements, and produces intelligence reports (IIRs and SALUTE reports) as well as source-related operational reports. The interrogation element may also debrief returning US POWs and other personnel as deemed relevant.
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FM 2-22.3
PART THREE
The HUMINT Collection Process
Part Three discusses the logical progression of phases involved in all HUMINT collection. There are five phases and the related task of screening that are critical to HUMINT collection. This remains consistent with previous doctrine as captured in the interrogation process but adds screening as a phase and combines approach and termination. The five phases are screening, planning and preparation, approach and termination strategies, questioning, and reporting.
Chapter 6
Screening
6-1. Available human sources and documents almost always exceed the qualified HUMINT collection assets and resources that can be applied against them. Screening facilitates the efficient application of these limited assets and resources to maximize the collection of relevant information.
HUMAN SOURCE SCREENING 6-2. As it applies to HUMINT operations, screening is the process of evaluating and selecting human sources and documents for the prioritized collection of information based on the collection requirements and mission of the unit conducting the screening or its higher headquarters. Screening categorizes and prioritizes sources based on the probability of a particular source having priority information and the level of cooperation of the source. Screening is also used to determine if a source matches certain criteria that indicate that the source should be referred to another agency. Screening is conducted at all echelons of command and in all operational environments. There are two general categories of screening: human source screening and document screening. Human source screening will be explained in depth in this chapter. Document screening is explained in Appendix I.
6-3. The resources (time and personnel) allocated to screening must be balanced against those required for interrogations, debriefings, and other collection methodologies. Although screening is not in itself an information collection technique, it is vital to the rapid collection of information. Through screening, the effectiveness of limited collection assets can be maximized by targeting those assets against the sources with the highest potential of providing key information. Screening requires experienced individuals with
6 September 2006
maturity and judgment who are totally knowledgeable of the collection requirements and able to make well-reasoned decisions based on limited information. Collection (interrogation, debriefing, and elicitation) can be integrated into screening activities; however, it slows the screening process and decreases the number of potential sources that can be screened.
6-4. Human source screening is the evaluation of an individual or a group of individuals to determine their potential to answer collection requirements or to identify individuals who match a predetermined source profile. The purpose of screening is to
•
Identify those select individuals among the target audience who have information of potential value and who are willing or can be persuaded to cooperate.

•
Identify individuals who match certain criteria that indicate them as being potential subjects for source operations or matching the profile for collection by special interest groups such as TECHINT or CI.

6-5. Screening requires the development of criteria that are indicators of potential information. These might include rank, position, gender, ethnic group, appearance, and location.
6-6. Screening is an integral part to all HUMINT collection operations. While questioning an individual source, a HUMINT collector may switch between screening (finding out general source areas of knowledge) to interrogation, debriefing, or elicitation (finding out detailed information about a specific topic). In operations, such as EPW or refugee operations that involve large numbers of potential sources, screening will normally be conducted as a separate but collocated operation as part of the overall interrogation or debriefing effort. The high number of potential sources being dealt with in most human source screening operations requires a systematic approach be developed and utilized to make the most effective use of the personnel and resources being allocated to the source screening operation.
SCREENING OPERATIONS
6-7. Like all intelligence operations, human source screening operations are focused on certain targets. Although the exact target population group will depend on the requirements of the theater of operations, the target focus of source screening operations is best described as the permanent and transitory population in the AO. This definition includes local indigenous populations, refugees, and travelers in the area, and detainees (including EPWs). Specifically excluded from this definition are members of the HN forces (military and paramilitary), members of allied forces, and members of HN government agencies who are available to US forces through liaison operations. Other personnel not indigenous to the AO (such as legitimate NGOs, humanitarian organizations, UN personnel) are available to US forces for voluntary debriefing and should be excluded from screening operations.
6-8. Screening operations may be conducted in a variety of situations and are dependent on the operational situation and the population. Although every source screening operation has the same basic purpose, each can be directed against different segments of the population in different locations throughout
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the AO. In order to accommodate the differences in the screening audience and location, different types of source screening operations are employed.
•
Tactical Screening. Tactical screening is conducted in support of combat or contingency operations. It can include the screening of EPWs or detainees at the point of capture, the screening of refugees, or the screening of local civilians in cordon and search. At the tactical level, there is no time for elaborate approach techniques so the degree of cooperation becomes a prime concern. Tactical area screening is characterized by rapidly changing requirements, the need to evacuate noncombatants and detainees to a secure area, and the need to collect priority tactical information while operations are in progress. Although the most lucrative type of source is often the detainee, all available sources should be screened for priority tactical information. In tactical screening, the HUMINT collector normally accompanies the maneuver force (OPCON or DS). If the HUMINT collector establishes that the source has information of value during screening, he immediately questions the source. Information collected is passed to the maneuver commander, normally via SALUTE reports. The HUMINT collector may recommend to the commander that individual sources be further detained for additional questioning. Screening must be done accurately in order that a commander can make a decision to detain or release possibly hostile personnel, based on the recommendation of a HUMINT collector.

•
Checkpoint Screening. Checkpoints are often established to screen the local populations as they transit through and within the AO or to screen large numbers of individuals such as refugees or DPs as they enter the AO. Screening checkpoints can be static or mobile. HUMINT collectors must pay particular attention to refugees leaving the area ahead of friendly forces (AO or AOI). It is likely that refugees can provide information of tactical value more quickly and easily than detainees. Refugees know the area and may be able to identify for the collector anything that is out of the ordinary, such as insurgent or terrorist activities.

•
Local Population Screening. This refers to the screening of the local population within their own neighborhoods. When HUMINT collectors move into a new area, they must observe the local population and determine who may be able and willing to provide the information they have been tasked to collect. Once this determination is made, the collectors must engage those individuals in conversation to assess their level of knowledge.

•
Collection Facility Screening. Screening is conducted as a normal part of HUMINT collection operations at collection facilities such as theater interrogation and debriefing facilities and refugee camps. Screening is coordinated with the unit, normally an MP unit that is responsible for the operation of the facility.

•
Local· Employee Screening.. CI personnel periodically screen local employees to determine possible security risks. Concurrently, local employee screening may identify sources who can provide information to answer the CCIRs. Close coordination between HUMINT and CI collection assets is a must in local employee screening.

6 September 2006
• Variations and Combinations. All types of screening can be adapted to meet specific circumstances slightly different from those for which they were designed. Additionally, it is possible to use more than one type of screening in an operation ifthe specific circumstances require it.
6-9. Screening of refugees, EPWs, and other detainees normally occurs at two locations: initially at the point where friendly forces first encounter them and again when they arrive at the theater and other holding areas or refugee camps. The capturing or detaining forces should enforce segregation of EPWs from refugees and other detained civilians; they should be screened in separate operations, one screening for EPWs and one for refugees and other detained civilians. Depending on METT-TC factors, segregation should be conducted as follows:
•
Refugees: Refugees, even if of the same nationality as the enemy, are not treated as enemies exclusively based on their nationality and are not automatically subject to control measures. If refugees are encountered on the battlefield, they are segregated from EPWs and screened separately. They are generally not detained further unless some additional reason requires their detention. At a refugee camp, screening will be done in coordination with the NGO operating the refugee camp. If there is a reason to detain refugees for further questioning for intelligence purposes, or because they pose a security threat, they will then be treated as a detainee. Under all circumstances, refugees will be treated humanely. If they are transported to an internment facility, they will be in-processed by MPs and their Geneva Conventions status will be determined. Their status under the Geneva Conventions will afford them certain privileges.

•
EPWs: Officers are segregated from enlisted. The enlisted are divided into NCOs and lower enlisted. Males are segregated from females. This segregation facilitates rapid screening for EPWs who may have information to answer PIRs and IRs as well as prohibits officers from influencing enlisted personnel to resist questioning.

•
Other Detainees: Civilians should be screened separately from EPWs. As with refugees, if there is a reason to detain civilians for further questioning for intelligence purposes, or because they pose a security threat, they will then be treated as a detainee.. Whether or not civilian detainees are released or detained further, screeners should ensure that the civilian detainees are treated humanely. If the civilian detainees are transported to an internment facility, they will be inprocessed by MPs and their Geneva Conventions status will be determined. Once detainees are in-processed into an internment facility, they are then considered to be civilian internees and their status as such will afford them certain privileges under the Geneva Conventions.

SCREENING AT FORWARD LOCATIONS
6-10. The initial screening and subsequent questioning should be accomplished as far forward as is operationally expedient. If a HUMINT collector is not available, the unit S2 must ensure initial screening and questioning of sources are completed by qualified personnel. At this level, the individual (military or civilian) is questioned for job, unit (if applicable),
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mission, PIR and IR, and supporting information (JUMPS). If time allows, the HUMINT collector may collect additional information, such as the source's name, to start a formal source file to preclude duplication at higher echelons. S2s and personnel other than HUMINT collectors should not attempt an approach at this stage.
6-11. HUMINT collectors will only use approach techniques as time and circumstance allow. The prime requirement is to identify the individuals with information of immediate tactical value, to collect that information expediently, and to evacuate the source. In this case, tactical questioning is normally integrated seamlessly into the screening process. This initial screening can also be used to identify individuals for immediate evacuation to a higher echelon facility for detailed questioning. Any screening reports or information reports generated at this level must accompany the EPWs or detainees as they are evacuated. Typically, battlefield screening reports, such as the screening sheet shown in Figure 6-1, will be done on paper in order to allow multiple screeners to work simultaneously. If automation support is available for each screener, an electronic version of the screening report is used, or the "KB Easy" (Figure 10-2), which allows the screener to easily put screening information into a DIA report format and transmit it electronically. (See Chapter 10 for a KB-EZ worksheet.)
6-12. US forces capturing enemy forces or detaining civilians on the battlefield search each individual for weapons, documents, or other material of intelligence interest. Each individual receives a Capture Tag which records basic biographic data such as name, rank, serial number, unit of assignment (military), location of capture, and any special circumstances concerning the capture. (See Appendices E and F.) Each document or item removed from the captive is also ''bagged and tagged" to identify from whom it was taken. This initial step is vital, as properly processing captives and their equipment greatly simplifies the screening process. All documents associated with the source and any possessions taken from him must be evacuated with the source, but not on his person. This is to ensure that the next echelon of screeners and interrogators will have the ability to exploit these items for intelligence value, or to support determination of approach strategies.
SCREENING AT REFUGEE CAMPS OR DETENTION FACILITIES
6-13. When a detainee or refugee arrives at an internment facility, refugee camp, or similar facility, a more extensive screening is conducted. The screening sheet is used to facilitate this process. This screening is normally done in conjunction with in-processing into the facility. During in-processing, the MP will assign an Internment Serial Number (ISN) that is registered with the Theater Detainee Reporting Center (TDRC). The ISN will be used to track the detainee throughout the MP detention system. The ISN should not be used in intelligence channels; however, HUMINT collectors should record the ISN on the screening sheet to aid in locating the detainee again. For intelligence reporting purposes, HUMINT collectors will assign the detainee a source reporting number that will be used to identify the detainee and information associated with him, regardless of whether or not the detainee is transported to another facility. The J2 issues source reporting numbers to HUMINT collectors through the OMT.
6 September 2006 MP ISN NUMBER: EVACUATION DATE:
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A
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SPECIAL HANDLING REQUIREMENT CODES:
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Figure 6-1. Screening Sheet.
6 September 2006
FM 2-22.3 _
militia, volunteer corps, and organized resistance movements belonging to a State Party to the· conflict, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the laws of war; and, members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power.
• Unlawful enemy combatants: Unlawful enemy combatants are persons not entitled to combatant immunity, who engage in acts against the United States or its coalition partners in violation of the laws and customs of war during armed conflict. For purposes of the war on terrorism, the term "unlawful enemy combatant" is defined to include, but is not limited to, an individual who is or was part of supporting Taliban or al Qaida forces, or associated forces that are engaged in hostilities against the United States or its coalition partners.
Excerpts from FMI 3-19.40, Military Police

Internment/Resettlement Operations

ACTIVITIES
The MPs assist MI screeners by identifying captives who may have answers that support PIR and IR. Because MPs are in constant contact with captives, they see how certain captives respond to orders and see the types of requests they make. The MPs ensure that searches requested by MI personnel are conducted out of sight of other captives and that guards conduct same-gender searches.
The MI screeners examine captured documents, equipment and, in some cases, personal papers Gournals, diaries, and letters from home). They are looking for information that identifies a captive and his organization, mission, and personal background (family, knowledge, and experience). Knowledge of a captive's physical and emotional status or other information helps screeners determine his willingness to cooperate.
LOCATION
Consider the following when planning an MI screening site:
The site is located where screeners can observe captives as they are segregated and processed. It is shielded from the direct view of captives and is far enough away that captives cannot overhear screeners' conversations. The site has an operation, administrative, and interrogation area. The interrogation area accommodates an interrogator, a captive, a guard, and an interpreter as well as furniture. Lights are available for night operations. Procedures are implemented to verify that sick and wounded captives have been treated and released by authorized medical personnel. Guards are available and procedures are implemented for escorting captives to the interrogation site. Procedures are published to inform screeners who will be moved and when they will be moved.
Accountability procedures are implemented and required forms are available.
Figure 6-2. MP Support to Screening.
6 September 2006
6-19. It may not be immediately evident in a particular theater of operation whether an individual is an unlawful enemy combatant or is associated with or supporting the unlawful enemy combatants of the United States. Consult your J/G/S2 and servicing SJA for information relevant to your theater of operations.
6-20. All captured or detained personnel, regardless of status, shall be treated humanely, and in accordance with the Detainee Treatment Act of 2005 and DOD Directive 2310.1E, "Department of Defense Detainee Program", and no person in the custody or under the control of DOD, regardless of nationality or physical location, shall be subject to torture or cruel, inhuman, or degrading treatment or punishment, in accordance with and as defined in US law. (See Appendix A, GPW Articles 3, 4, 5, 13, and 14.)
6-21. The rights of EPWs are stated in the GPW. They include the right to quarters, rations, clothing, hygiene and medical attention, property, and other rights. EPWs may not renounce their rights to renounce EPW status. (See Appendix A, GPW Article 7, Section 1.)
6-22. Retained personnel must receive at least the same benefits as EPWs. They may only be required to perform religious or medical duties, and they may only be retained as long as required for the health and spiritual needs of the EPWs. Retained persons must be returned to their home country when no longer needed.
6-23. Protected persons' rights include protection from physical or moral coercion and from being taken hostage. Protected persons are protected from murder, torture, corporal punishment, mutilation, medical experimentation, and any form of brutality. Protected persons rights are limited, though. They do not have the right to leave captivity and are not immune from prosecution. Protected persons can be screened and identified for intelligence purposes.
SCREENING PROCESS
6-24. At the internment facility, the screening process normally is distinct
from the questioning (interrogation or debriefing) process. Dependent on the
criticality of the information identified, the source may be questioned
immediately for relevant information but will more likely be identified for
future questioning. The screening is a more formal process in which the
screener attempts to obtain basic biographic data, areas of general
knowledge, source cooperation, and vulnerability to select approach
techniques in addition to identifying knowledge of critical intelligence tasks.
Once the screener has established the basics (source identification,
cooperation, and knowledge), he normally passes the source on to the
personnel that conduct the questioning. The screener will complete a
screening report that will be forwarded in accordance with unit SOPs (see
Chapter 10). If a detainee's knowledge is of Joint Forces interest, a
knowledgeability brief (KB) should be written and submitted electronically.
(A short form KB worksheet is shown at Figure 10-2.) Complete guidance on
KBs is contained in DIAM 58-12 (SI/NF).
6 September 2006
FM 2-22.3 _
6-25. If the source freely discusses information of PIR value, the screener normally exploits the information fully and completes a SALUTE report. (See Appendices Hand 1.) If the source's knowledge of PIR information is extensive and he is freely giving the information, the senior screener and the OIC or noncommissioned officer in charge (NCOIC) of the interrogation or debriefing element are notified immediately. They decide if the screener should continue questioning the source or if the source should be handed off to another HUMINT collector. If source-associated documents contain PIR
.information, the collector will exploit them as fully as possible and write a SALUTE report. (See Appendix H.)
6-26. The source normally is assigned a standard screening code. The screening code is an alphanumeric designation that reflects the level of cooperation expected from the source and the level of knowledgeability the source may possess. Table 6-1 shows the codes for assessing sources. Those sources assigned to the same category are interrogated in any order deemed appropriate by the interrogation or debriefing element.
Table 6-1. Source Screening Codes.
CODE 1 2 3 A B C COOPERATION LEVEL Responds to direct questions. Responds hesitantly to questioning. Does not respond to questioning. KNOWLEDGEABILITY LEVEL Very likely to possess PIR information. Might have IR information. Does not appear to have pertinent information.

6-27. Figure 6-3 shows the order in which detainees in the assessed screening categories should be interrogated. Category I-A sources normally should be the first priority to be questioned. Category I-B and 2-A would be Priority II. Category I-C, 2-B and 3-A would be next as Priority III sources, with 2-C, and 3-B being in the fourth group to be interrogated. Category 3-C sources are normally not questioned. This order ensures the highest probability of obtaining the greatest amount of relevant information within the available time. Screening codes may change with the echelon. The higher the echelon, the more time is available to conduct an approach. Appendix B discusses the reliability ratings ofinformation obtained.
6 September 2006
z o ~ W 11. o o o c W Io W 11. ~ AMOUNT OF PERTINENT KNOWLEDGE Most PriorityI Least
Figure 6-3. Interrogation Priorities by Screening Category.

SCREENING METHODOLOGIES
6-28. Depending on the specific operation or echelon, screening may be a separate operation or may be integrated into a specific collection mission. For example, a HUMINT collector accompanying a patrol encounters a civilian who may have information that is relevant to collection requirements. The HUMINT collector screens the source (that is, asks some general questions to determine the source's level of cooperation and knowledge). Upon receiving a positive response, the HUMINT collector may debrief the civilian on a specific topic or question him on areas of PIR interest. He then reverts to the screening role to determine other relevant knowledge. If the HUMINT collector determines through screening that the source either has no relevant information or cannot be persuaded to cooperate within an operationally expedient timeframe, he is not debriefed as part of the screening process. In detainee or refugee operations, a separate element will normally conduct all screenings. They establish a prioritized list of sources who are then systematically questioned on specific topics by other HUMINT collectors or other technical specialists.
6 September 2006
FM 2-22.3      _
SCREENING REQUIREMENTS
6-29. In addition to potential sources, screeningrequires several components.
•
Collection Requirements.    Without a clear list of specific collection requirements, screening becomes virtually impossible. The concept behind screening is to rapidly identify source knowledgeability as it relates to requirements. Screeners should obtain a copy of the supported element's collection requirements and become familiar with the intelligence indicators listed therein. Screeners must use their experience and imagination to devise ways to identify EPWs and detainees who might possess information pertinent to these indicators. Vague requirements (such as "What is the threat doing?") do not provide the focus necessary to make a source selection. The HUMINT collection element must break these SIRs into indicators if the supported intelligence officer has not already done this. The indicators must take into account the type of sources anticipated. For example, a refugee probably will not know if the threat intends to defend a particular ridgeline. However, he might know whether or not there are threat forces on the ridge, if an improvised explosive device (lED) is being employed on a route, if they are digging in, or if engineer type equipment is in the area.

•
Selection Criteria. Mter reviewing the collection requirements, the HUMINT collection element will develop preliminary criteria to identify the source type that will most likely have the required information. The source type may include gender, appearance, military rank, age, or occupation. Some of these criteria are determined by visual observation, thereby saving time in not having to question everyone. Other criteria such as occupation or place of residence may require brief questions.

•
Trained Screeners. Screening is possibly the most difficult HUMINT skill. A HUMINT collector must use his experience, questioning skill, cultural knowledge, and knowledge of human nature to decide in a matter of minutes or possibly seconds whether limited HUMINT collection assets and valuable time should be spent talking to an individual based on the way he looks and the answers to a few questions. A wrong decision will mean wasted assets and valuable information missed.

•
Language Capability and Cultural Awareness. Screening involves more than asking a series ofquestions. The HUMINT collector must be able to evaluate the answers, the specific language used, and other clues such as body language to determine the value of an individual to the collection effort. This requires a mature and experienced screener. If the HUMINT collector does not possess the target language, he and his interpreter must be able to work together quickly with mutual trust and confidence.

•
Area Conducive to Screening Operations. Effective screening operations must allow the HUMINT collector to speak to the source where the source is not exposed to outside influences or dangers that may inhibit his responses. For that reason, sources should never be screened within the sight or hearing of other potential sources.

6 September 2006
HUMINT collectors can use rooms within a building, tents, or other field-expedient methods to isolate the individual being screened. Screening a source within view or hearing of other potential sources may not only pose a danger to the source but also will tend to inhibit the source from freely cooperating.
•   Security.    The personnel conducting the screening need to be able to concentrate on the individual being screened. Although the collector is ultimately responsible for his own personal security, screening is facilitated by having dedicated personnel present (for example, MPs) who are responsible for security. Screeners coordinate with MP or other security personnel concerning their role in the screening process.
INITIAL DATAAND OBSERVATIONS
6-30. Screening is a filtering process whereby, under ideal circumstances, all potential sources would be questioned to determine if they have information of intelligence interest. In actuality this is often impossible. Screeners often use visual and other aids to "prescreen" the sources in order to eliminate a substantial portion of the target population before conducting detailed screening. For example, if the HUMINT collector at a checkpoint is only interested in information concerning a specific denied geographic area, screeners may ask all refugees if they are from or have been in that denied area recently. A less experienced screener could do this allowing the experienced screener to conduct more extensive screening of the select target audience.
6-31. If time and circumstances permit, screeners should question any friendly personnel who have had extensive contact with the persons to be screened. In the case of detainees, this could include holding area personnel or personnel from the capturing unit. These personnel may be able to help identify sources that might answer the collection requirements or who might match a particular source profile.
6-32. Normally the screener will not have time to conduct any extended observation of the person to be screened; however, the screener should make a quick visual observation of the source prior to questioning him. He should note anything in the source's appearance and behavior that indicates he is willing to cooperate immediately or is unlikely to cooperate. The screener should also note any physical indicators that the source may have the type of information or belong to a certain source profile category.
6-33. Physical indicators include overall appearance such as rank, insignia, and condition of the uniform and type and condition of equipment for military sources and general type and condition of dress (for example, business suit as opposed to work clothes) for civilians. Certain physical indicators (dress, medals such as religious medals, physical type) may be indicators that the source belongs to a specific ethnic or religious group. The source's physical reactions may also indicate a willingness or lack of willingness to cooperate. For example, does the source move forward in the group or attempt to· hide within the group; does he intentionally place himself in the wrong segregation group; or does he show any overt signs of nervousness, anxiety, or fright?
6 September 2006
FM 2-22.3      _
6-34. The screeners will also examine all documents and possessions found on the source (if any) and all documents pertaining to the source (if any). At a minimum, a detainee should have a properly filled out capture tag, which will indicate to the screener where the detainee was captured, by which unit, and under what circumstance. (See para 6-12 and Appendix D.) Documents such as personal letters, orders, rosters, signal operating instructions (SOls) and map sections can provide information that identify the source, his organization, mission, and other personal background information (family, knowledge, experience, education). They may in themselves provide information, may identify a source for questioning, and may provide information helpful in assessing a source's susceptibility to an approach.
6-35. Documents pertaining to the source, beginning at the point of capture throughout the evacuation process, such as previous screening and intelligence reports and administrative documents (such as source personnel records prepared by the MPs) help the screener by providing information concerning the source's physical status, emotional status, level of knowledge, level of experience, and other background data. Making timely use of reports from lower echelons can be difficult for the screener, especially when dealing with large numbers of potential sources.
SOURCE ASSESSMENT 6-36. Screeners use standard reporting formats to identify the results of their screening (see Chapter 10). The determination must be made as to whether the source is of any intelligence value to the HUMINT collector. The HUMINT collector will basically place the source within one of four categories.
•
Of Immediate Intelligence Interest. This category includes personnel who are assessed, based upon the screening process, who possess information in response to requirements. They are interrogated or debriefed (dependent on their status) to retrieve relevant information. This questioning may be conducted by the same person conducting the screening or by another HUMINT collector.

•
Of Interest to Other Agencies. In most cases, the HUMINT collector will be provided with collection requirements by other agencies or disciplines such as TECHINT or CI. In this case the HUMINT collector will question the source on these requirements and report the information appropriately. However, in some instances, particularly in the case of CI, the HUMINT collector may be given a list of topics or a profile of personnel who are of interest to CI. The HUMINT collector will notify the local CI representative when a person matching the "CI profile" is identified. Mter the HUMINT collector has extracted any relevant intelligence information, he will "pass" the individual off to the CI agents. In many cases, particularly with individuals of TECHINT or other specialized interest, the HUMINT collector will be asked to conduct the questioning with the technical support of the individual from the interested agency. This is coordinated through the HUMINT collector's OMT and the chain of command.

•
Of Potential Interest as a Contact Source. On occasion, especially during stability and reconstruction operations, the HUMINT collector may identify an individual who has the potential to provide information in the future, due to his placement or access. Although the individual may not have information of immediate interest, the HUMINT collector will pass his recommendation to the appropriate office, normally the C/J/G/S2X, provided that source operations are authorized (see Chapter 5).

•
Of No Interest. This category includes sources who prove (based upon the screening process) to be of no interest to the HUMINT collector or other agencies. Their biographic data is recorded, but they are not questioned further. This category will likely include the bulk of individuals screened. Individuals who have been screened are kept separated from those who have not yet been screened.

6 September 2006
OTHER TYPES OF SCREENING OPERATIONS
LOCAL EMPLOYEE SCREENING
6-37. CI personnel conduct local employee screening, primarily to identify individuals who may be a security risk. HUMINT collectors also can use local employee screening as a means to obtain intelligence information or to identify personnel with placement and access to answer information requirements. Employee screening must be conducted in a secure environment and out of the hearing and sight of other employees. Formal written reports of the screening must be maintained.
LOCAL COMMUNITY OR AREA SCREENING
6-38. Local area screening is normally done in coordination with other operations such as a cordon and search operation. The HUMINT collectors accompany the forces conducting the operation and screen the general population to identify individuals of intelligence or CI interest.
SCREENING FOR CI REQUIREMENTS
6-39. Before initiating the screening process, the HUMINT collector establishes liaison with supporting CI agents. The CI element provides CI requirements and provides a profile of personnel of CI interest. CI is normally interested in personnel who
•
Have no identification documents.

•
Have excessive or modified identification documents.

•
Possess unexplainable large amounts of cash or valuables.

•
Are illegal border-crossers.

•
Attempt to avoid checkpoints.

•
Are on the CI personalities list, which includes members of an intelligence service.

•
Request to see CI personnel.

•
Have family in the denied area.

•
Speak a different language or dialect than is spoken in the area.

6 September2006    6-15
FM 2-22.3      _
·6-40. Personnel of CI interest include two general categories of people: The first type of "person of interest" is any individual or group involved in adversary intelligence collection operations or who is attempting to enter the AO to conduct such operations. Examples of these individuals include but are not limited to-
•
Known or suspected members and/or supporters of foreign intelligence and security services and known or suspected members and/or supporters of the intelligence activities of non-state entities such as organized crime, terrorist groups, and drug traffickers.

•
Known or suspected hostile espionage agents, saboteurs, subversives, or hostile political figures.

•
Known or suspected enemy collaborators and sympathizers who may pose a security threat to US forces.

•
Personnel known to have engaged in intelligence, CI, security, police, or political indoctrination activities.

•
Known or suspected officials of enemy governments whose presence poses a security threat to US forces.

•
Political leaders known or suspected to be hostile to the military and

political objectives of the US or an allied nation. 6-41. The second type of "person of CI interest" is any individual who possesses information concerning the identification, location, or activities of personnel in the first category.
SCREENING FOR OTHER TECHNICAL COLLECTION REQUIREMENTS
6-42. Other technical areas such as TECHINT, SIGINT, IMINT, MASINT, or other services need to supply the HUMINT collectors with a profile of the individuals with whom they wish to speak. The HUMINT collectors upon identifying such an individual will contact the requesting agency after extracting PIR information.
6 September 2006
FM 2-22.3
Chapter 7
Planning and Preparation
7-1. Planning and preparation is one of the five phases of HUMINT collection. HUMINT collection, regardless of the methodology employed, must be a systematic, carefully prepared enterprise. The HUMINT collector engages in general preparation throughout his career. He focuses that preparation to a specific area of the world, specific mission, and specific collection requirements as those become available. Finally, the HUMINT collector focuses his planning and preparation on a specific collection effort with a specific source.
COLLECTION OBJECTIVES
7-2. Each HUMINT collection mission is conducted for a definite purpose. The HUMINT collector must keep this purpose firmly in mind as he proceeds to obtain usable information to satisfy the requirements, and thus contributes to the success of the unit's mission. The HUMINT collector must use the objective as a basis for planning and conducting questioning. The HUMINT collector should not concentrate on the objective to the extent he overlooks or fails to recognize and exploit other valuable information extracted from the source. For example, during HUMINT collection, the HUMINT collector learns of the presence of a heretofore unknown, highly destructive weapon. Although this information may not be in line with his specific objective, the HUMINT collector must develop this important lead to obtain all possible information concerning this weapon.
RESEARCH
7-3. The key to good HUMINT collection is preparation on the part of the collector. The HUMINT collector must understand the environment and particularly its human component, the mission of the supported unit, that unit's intelligence requirements, his source, and the cultural environment. The ultimate success of a questioning session is often decided before the HUMINT collector even meets the source.
GENERAL RESEARCH
7-4. Due to the quickly changing world circumstances, it is impossible to conduct all the specific research required immediately prior to questioning a source. General research should be completed before entering an AO and continues until operation completion. Areas of research include but are not limited t~
•   OPLANs and OPORDs. The HUMINT collector must be familiar with the unit OPLAN and that of its higher headquarters. By thoroughly understanding the unit OPLAN and OPORD, the HUMINT collector
6 September 2006
FM 2-22.3      _
and HUMINT commanders and leaders can anticipate collection requirements, develop source profiles, recommend deployment strategies, and otherwise integrate HUMINT operations into the overall unit operation. Although the OPORD needs to be read and understood in its entirety, certain areas are of critical importance to the HUMINT collection effort. They include
•
Task organization. This will show where HUMINT C2, staff support, and collection assets will fit into the organizational structure.

•
Situation. This gives the friendly and enemy situation.

• Mission. This gives   the HUMINT collectors insight into how their operations will integrate into the parent unit's operation.
•   Execution. The four execution subparagraphs explain the
commander's intent on how the mission is to be carried out: Subparagraph 3a (Concept of Operation) includes how subordinate units' operations will be included in the overall plan.
Subparagraph 3a(3) (Reconnaissance and Surveillance) details how HUMINT collection operations will integrate into the overall ISR plan. Additional information on ISR is found in AnnexL.
Subparagraph 3a(4) (Intelligence), along with Annex A (Task Organization) and Annex B (Intelligence), explains how the Intelligence BOS will support the scheme of maneuver.
Subparagraph 3d (Coordinating Instructions) lists the CCIRs and initial PIRs.
•
Current events. The HUMINT collector must be knowledgeable about current events in all potential operational areas, especially those events that indicate the populace's feelings or intentions toward the US. This will facilitate a better understanding of the cultural, political, and socio-economic conditions that could influence the attitude and behavior of a source. This knowledge can be obtained and updated through classified periodic intelligence publications and/or military or civilian open sources, including both print and broadcast media, CA and PSYOP databases, and the J/G/S2 analytical elements.

•
SOPs. The HUMINT collector must be familiar not only with his own unit's SOP but also with that of any supported unit. The HUMINT collector will be able to obtain specific information about report numbers and formats, as well as information about distribution channels for reports from these SOPs. The SOP will also explain unit policy on source exploitation and evacuation procedures, logistic and maintenance functions, and other C2 and support issues.

•
Umbrella concept. The TF commander through the J/G2 and J/G2X issues an umbrella concept for HUMINT operations. When operating under this concept, collection parameters will be established in writing, and it is imperative that the HUMINT collector understands his role. Types of sources will be outlined concerning placement, motivation, and access. The umbrella concept will also specify the types of information against which the HUMINT collector can collect. The umbrella concept is governed by AR 381-100 (SIINF), AR 381-172 (SIINF), DIAM 58-11 (SIINF), and DIAM 58-12 (SIINF).

6 September 2006
•
Legal guides, SOFAs, operations and execute orders, ROE, and other legal and administrative requirements. The HUMINT collector must be thoroughly familiar with all documents that may set the legal parameters for his collection operations. These are available through the chain of command and from the SJA office. He must know how these requirements apply and to what type of sources each is applied.

•
Collection requirements. The HUMINT collector needs not only to know but also to understand the requirements that he will be attempting to answer. These requirements can include CCIRs (PIRs and IRs), essential elements of friendly information (EEFIs), Intelligence Priorities for Strategic Planning (IPSP), specific requests from national level consumers such as HUMINT collection requirements (HCRs), SDRs, or even vocal orders given by the local commander. These all will determine the objective of the questioning plan.

•
Databases. Intelligence databases can give the HUMINT collector detailed information about the source's unit, its organization, and its capabilities. They also have information on personalities. The HUMINT collector will use information obtained from databases to control the source and assess his answers for truthfulness. They will also give the HUMINT collector ideas of other areas to research. For example, if the threat is primarily a lightly armed insurgent force, studying similar organizations will provide the HUMINT collector with valuable insights into the possible methods of operation of the current target organization.

•
SITMAP and COP. The current situation, both friendly and enemy, is vital for the movement of the HCT and for its collection operations. It reflects enemy unit identification, disposition, and boundaries; major roads or trails for movement of personnel, equipment, weapons; and locations of artillery, minefields, roadblocks, entrenchments, obstacles, staging areas, NBC contaminated areas, and ground surveillance devices. All of this information can be used in source questioning as control questions or in otherwise determining source veracity. The HUMINT collector will be able to identify indicators and predict what should be PIRs and IRs.

•
INTSUM. The INTSUM provides a summary of the intelligence situation covering a specific period as dictated by the commander. It is already analyzed intelligence.

•
Intelligence estimate. The intelligence estimate is derived from the intelligence preparation of the battlefield (lPB). It is based on all available intelligence and considers everything of operational significance. It will help point out gaps in the intelligence database. It is from these gaps that requirements are derived. It will provide information on the mission, AO, weather, terrain, enemy situation, enemy capabilities, and conclusions. It will cover all of the standard OB topics.

•
Weapons and equipment guides. Weapons and equipment guides can assist the HUMINT collector in becoming familiar with the type of equipment employed in the AO. Guides are available in hardcopy and softcopy.

6 September 2006
FM 2-22.3      _
• Area handbooks. These handbooks provide detailed information about a specific area of the world. They provide information on political, economic, sociological, cultural, military, biographic, transportation, and geographic topics. The CIA and other agencies publish area handbooks annually. The US Department of State website also has continuously updated information on trouble spots around the world.
•
Previous    HUMINT reporting. The HUMINT collector should familiarize himself with all previous relevant reporting from the AO. This will provide him with insight into current operations, the types of information collected, and may help identify information gaps.

•
Photographs, maps, and other geospatial products. In conducting general research, the HUMINT collector should become familiar with the AOs. This not only will help identify specific areas of HUMINT collection potential but also will be invaluable in both the questioning of specific sources and the maneuver of the HCT.

•
Subject matter experts (SMEs) and technical research. Before deploying to an AO or before supporting on a particular mission, the HUMINT collector may identify particular areas in which he lacks critical knowledge. For example, a HUMINT collector who has previously been operating in an area with a conventional enemy may be deployed to an area with an unconventional threat from irregular forces. Also, intelligence requirements may focus on equipment that is unfamiliar to the HUMINT collector. In order to prepare himself, the HUMINT collector contacts SMEs or analysts or uses technical materials to gain background information.

•
Other reports. Intelligence agencies publish numerous reports and summaries that are readily available to the HUMINT collector.

CLOSED AND OPEN-SOURCE INFORMATION (USE OF REACH)
7-5. Reach is a process by which deployed military forces rapidly access information from, receive support from, and conduct collaboration and information sharing with other units and organizations (deployed in theater and from outside the theater) unconstrained by geographic proximity, echelon, or command. Intelligence support is established based on requirements that will help the commanders (regardless of echelon) make decisions. Reach can be accomplished in various ways. There is no requirement for all intelligence functional areas or echelons to use the same approach; hence, there is no common standard for all units to use. Each organization or section should develop its strategy on using the various intelligence reach components. Standard enabling tools will provide for easier access than ever before (for example, access to the INSCOM Information Dominance Center).
6 September 2006
INTELLIGENCE REACH COMPONENTS
7-6. Intelligence reach requires the G2/S2 to develop a strategy on how best
to support the unit's mission with intelligence reach capabilities. There are
eight basic elements of the strategy:
•
Push: Push occurs when the producers of intelligence or information are knowledgeable of the customer's requirements and are able to send the desired intelligence to the customer without further requests. Push is accomplished through the Joint Dissemination System (JDS) and/or the Automated Message Handling System (AMHS).

•
Pull: Pull occurs when the customer is familiar enough with existing databases to be able to anticipate the location of the desired information. Pull is greatly enhanced through the use of portals and homepages with hyperlinks to the various categories of information available to the user. This requires the establishment of such a homepage at each echelon, thus enabling higher echelons to research and pull from lower databases and homepages.

•
Database Access: Access to local, theater, DOD, non-DOD, and commercial databases allows analysts to leverage stored knowledge on topics ranging from basic demographics to OB information. A validated DIA Customer Number (acquired by the J2/G2/S2) in combination with SIPRNET and Joint Worldwide Intelligence Communications System (JWICS) connectivity establishes access to most of the databases online.

•
Integrated Broadcast Services (IBS): IBS is an integrated, interactive dissemination system, focusing on tactical user's information requirements using a common message Data Element Dictionary (DED) and J-series family of message formats. The goal of IBS is to resolve the uncoordinated proliferation of "stovepiped" intelligence or information broadcasts by providing the tactical commander with integrated time-sensitive tactical information.

•
Collaborative Tools: Collaborative tools are computer-based tools (groupware) that help individuals work together and share information. They allow for virtual on-line meetings and data sharing. As much as possible, collaborative tools should be emplaced with all necessary echelons and centers prior to deployment.

•
Request for Information: Reach includes the ability of an intelligence officer at any level to request information that is beyond what is available at his location, using the Community On-Line Intelligence System for End Users and Managers (COLISEUM) System. Once an RFI is entered into the system every other user of that system can see it. Hence, an echelon several echelons above the actual requester can and often does become aware of the request and may, in fact, answer it. Reach is also provided through INSCOM's Information Dominance Center and other nodes at J2 and G2.

•
Leveraging Collection Management: The collection and ISR management system is established to provide a mechanism for tasking and managing collection assets for required information. Analysts who are trained and familiar with the system and the various tasking procedures can leverage the system for refined information.

6 September 2006
FM 2-22.3      _
•      Distributed Common Ground System-Army (DCGS-A): DCGS-A is the ISR fusion and processing system for the future, as part of the overarching DOD-directed DCGS-A surface system family of systems. It will bring national and joint ISR capabilities down to JTF level, corps and division levels and BCT level to provide leaders with NRT information and visualization of threat, weather, and terrain information and intelligence. DCGS-A consolidates the capabilities of the following current-force ground processing systems:
• All-Source Analysis System (ASAS).
•   Counterintelligence    and Human Intelligence (CIIHUMINT) Single-Source Workstation.
• Tactical Exploitation System (TES).
•
Guardrail Information Node (GRIFN).

•
Guardrail Common Sensor (GRCS) Intelligence Processing Facility (IPF).

•
Prophet ControL

• Joint STARS Common Ground Sensor (CGS). 7-7. For more information on Intelligence Reach, see FM 2-33.5/ST.
SOURCE-SPECIFIC RESEARCH
7-8. Source-specific research is done immediately prior to questioning the source. The HUMINT collector may have to respond spontaneously in the case of a walk-in source in tactical operations, or if the HUMINT collector has advanced warning as in the case of a planned meeting with a source, a long-term debriefing, or an invitational source. Areas of research include but are not limited to
• Screening Reports, KBs, Other Reports: Reports about the source not only can provide specific information about the type of information the source can provide to answer specific collection requirements but also can give the HUMINT collector extensive background information about the source. This background information can give clues to information the source might possess and to possible approach techniques. Information contained in screening reports and KBs may provide insight into-
•
Geographic Area: This area may show information about the source's ethnic background, political affiliation, religion, and customs. Information can be obtained from databases, locally registered vital statistics, and residence registries.

•
Languages: Determining the languages and dialects spoken, written, and understood by a source can provide valuable insights into that source's geographic and ethnic or tribal background, education, and social status. This determination of languages and dialects can be facilitated by the use of "flash cards" specific to the battlefield.

•   Other Reports: This can include other reports collected from this source at other echelons or reports from other sources from the same unit or location as the source. It can also include reports or documents published by the ACE at your request.
6 September 2006
•   Political Group: This    area can provide information on the source's beliefs as well as provide information on political leaders and goals. Additionally, political affiliation can sometimes provide information about subversive groups and paramilitary ties. Knowing the goals of the political organization can also assist the HUMINT collector in choosing an approach or establishing rapport.
•
Religious Mfiliation:   The source's religious affiliation    may provide insight into his motivation, moral strengths and weaknesses, and other motivational factors.

•
Technical Field: Having knowledge about the source's technical field can assist the HUMINT collector in deciding upon which questions to ask. It will also assist the HUMINT collector in verifying the source's truthfulness because the HUMINT collector will have an understanding of the source's specialty.

•
Employment: By researching the source's employment history, the HUMINT collector can discover other areas of information that the source may be able to provide.

•
Education: The source's education level and educational history can not only give the HUMINT collector insight into the possible information the source can provide but also provide insight into possible approach strategies.

•
Social Status: Knowledge of the source's social status may provide a clue to a good approach strategy because the source may be accustomed to a certain type of treatment. Itmay also provide a clue to biographical information that the source may be able to provide.

•
Criminal Records: Criminal records may also indicate possible approach strategies. Additionally, they may indicate which groups or organizations the source may have knowledge about.

•
Documents and Other Media Captured on or in Immediate Association with a Detainee or Brought in by a Debriefing Source: Documents captured with or otherwise pertaining to the source may give the HUMINT collector information about the source, his unit, or his role within that unit. They may answer requirements or indicate knowledge of PIRs. Personal letters, for example, could be used during the approach phase. If a source comes in voluntarily and provides documents, they should be reviewed prior to debriefing the source.

•
Photographs, Maps, and Other Geospatial Products: Maps and photographs of the area about which the source is being questioned can give the HUMINT collector an idea of where the source has been and in what kind of terrain he operated, which might indicate knowledge or use of certain tactics. Ifthe HUMINT collector is not familiar with the area the source was in, the HUMINT collector should take some time to look over the map so he can more readily relate when the source mentions locations or dispositions. Aerial photographs show more detailed up-to-date information than maps. They will not normally be as readily available as maps. Maps and other geospatial products will also be needed for use in the map-tracking portion of an interrogation. The HUMINT collector should work with the ACE of the supported unit to obtain them for the AO.

6 September 2006
FM 2-22.3 _
•
SMEs: There will be occasions when the HUMINT collector will talk to sources about subjects of which the· HUMINT collector has no knowledge. In that case, the HUMINT collector will want to talk to personnel who are SMEs. Depending on the depth of knowledge that the source is expected to have and the time available to prepare, the HUMINT collector may arrange for a technical expert to support the questioning (see Chapter 9).

•
Technical Manuals: There are various weapon and equipment identification guides available in hardcopy, softcopy, and off the Internet that can assist the HUMINT collector in identifying any equipment mentioned by the source.

•
Source Physical and Mental Condition: HUMINT collectors should observe the source prior to questioning if possible and also talk to anyone available who has relevant information concerning the source. MP guards can be an especially valuable source of information based on source observation and should be debriefed periodically. This can prevent surprises at the onset of the·questioning session and can help the HUMINT collector assess the source's physical and mental condition as well as provide insights to possible approaches.

•
Databases: Collectors should review source information and reports contained in the various databases available to them. The CHATS system, BAT database, and other databases can provide collectors with source information and previous reporting.

HUMINT COLLECTION PLAN
7-9. After conducting appropriate research, the HUMINT collector working
with an analyst, if available, develops a source-based collection plan. This is
geared to the specific source that is going to be questioned. The amount of
time spent in preparing this plan depends on the operational circumstances.
This may range from a quick mental review by an experienced HUMINT
collector in a tactical environment to a formal written plan submitted by a
subordinate to a team leader. The source collection plan will vary from source
to source. It will also vary with the conditions under which the source is
questioned. It serves as a checklist to ensure that all steps necessary to
prepare for questioning are conducted. Whether written or oral, the
HUMINT collection plan should contain at least the following items:
•
HUMINT collection requirements.

•
Serial number of EPW/detainee to be questioned.

•
Location and time for the questioning.

•
Primary and alternate approaches.

•
Questioning plan including topics to be covered and the planned sequence of these topics.

•
Prepared questions for unfamiliar or highly technical topics.

• Method of recording and reporting information obtained.
6 September 2006
OBJECTIVE
7-10. The HUMINT collector will first determine the objective of his questioning. The objective is the set of collection requirements that the HUMINT collector will attempt to satisfy during the questioning session. A number of circumstances including the intelligence requirements, the time available, and the source will set the objective. Determining the objective consists of three parts:
•
Identify the intelligence requirements. The primary objective of any questioning session is to answer or confirm PIR or other collection requirements.

•
Identify the subject: The HUMINT collector will want to consider the source; for example, who he is, what he may know. The HUMINT collector will also want to consider the legal and other restrictions based on the type of source (contact source, EPW, refugee, strategic). For a military source (EPW) this includes rank, position specialty, and unit of assignment. For a civilian source it includes job, placement and access, associations, area of residence, and employment.

•
Identify the intelligence requirements that the source may be able to answer. The HUMINT collector cannot normally waste time "fishing" for information. He must determine based on screening, what collection requirements the source can answer. The HUMINT collector compares the information that he gathered through his general and source-specific research and compares it to his list of collection requirements. He compares that list to the identity of the source and refines the list including all requirements that the source can be expected to be able to answer. The HUMINT collector will approach those areas first while staying aware of leads into other collection topics.

LOCATION
7-11. In most cases, the location for the questioning will be determined by
operational requirements. However, the HUMINT collector should ensure
some basic requirements are met:
•
Each questioning session should be conducted outside the hearing and view of third parties. Even in the case of a source meeting in a public place, the HUMINT collector should choose a location where they cannot be overheard and where their meeting will not arouse suspicion.

•
The location should be in a place that has reasonable security for the HUMINT collector and the source. In contact operations, the risk cannot always be eliminated but the acceptable risk levels should be based on the expected intelligence gain. In combat operations, most questioning (interrogation, debriefing of civilians on the battlefield) will take place in forward combat areas, but it cannot be done if it increases the risk to the source. Safe evacuation of the sources has priority over questioning.

•
The location should provide ready access to the chosen method of recording and reporting the information.

6 September 2006
FM 2-22.3      _
7-12. When conducting military source operations, the location of the questioning will have psychological effects on the sourCe. The questioning location should be chosen and set up to correspond to the effect that the HUMINT collector wants to project and his planned approach techniques. For example, meeting in a social type situation such as a restaurant may place the source at ease. Meeting in an apartment projects informality while meeting in an office projects more formality. Meeting at the source's home normally places him at a psychological advantage, while meeting in the HUMINT collector's work area gives the collector a psychological edge. The HUMINT collector should consider the status and level of the source, security, the workspace available, furnishings, the amount of lighting provided, and the ability to heat or cool the room as needed.
TIME
7-13. Time to conduct questioning should be estimated based on the source, the type of information that the HUMINT collector expects to get, and the complexity of that information. Other considerations include expected evacuation times for sources in tactical situations, the number of other sources that need to be spoken to; and in contact operations, the estimated time that the HUMINT collector can meet with the source without increasing the risk.
7-14. The HUMINT collector must also consider the physical conditions of the source and himself. Mter extended operations, there may be a limit on how long either the HUMINT collector or source can concentrate on a given subject. Even if the HUMINT collector has an unlimited time period (such as at a joint interrogation and debriefing facility), he must break his questioning down into topical sessions to maximize effectiveness. Time is only an estimate and should be modified based on the circumstances. It may be extended, for example, if the source has a greater than expected amount of information, or critical information in unforeseen areas. The time may be curtailed if the HUMINT collector has met his requirements, the source does not possess the expected information, or a more valuable source is identified.
PRIMARY AND ALTERNATE APPROACHES
7-15. In most circumstances, if the HUMINT collector is meeting with the source for the first time, he should select at least two alternate approaches to use if the direct approach is unsuccessful (see Chapter 8). These approaches need to be based on the HUMINT collector's source-specific research, his general area research, knowledge of the current situation, and knowledge of human nature. There are four primary factors that must be considered when selecting tentative approaches:
•
The source's    mental and physical state. Is the source injured, angry, crying, arrogant, cocky, or frightened?

•
The source's background. What is the source's age and level of military or civilian experience? Consider cultural, ethnic, and religious factors.

•
The objective of the HUMINT collection. How valuable is the source's potential information? Is it beneficial to spend more effort convincing this source to talk?

7·10      6 September 2006
•   The HUMINT collector himself.    What abilities does he have that can be brought into play? What weaknesses does he have that may interfere with the HUMINT collection? Are there social or ethnic barriers to communication? Can his personality adapt to the personality of the source?
7-16. Ifthe HUMINT collector has a screening sheet or KB, he can use it to help select his approaches. Mter reviewing the information, the HUMINT collector will analyze the information for indicators of psychological and/or physical weakness that would make a source susceptible to a specific approach. The HUMINT collector also needs to consider his particular strengths and weaknesses in conducting specific approaches. He must consider what immediate incentives he may possibly need and ensure that they are available. Also, if incentives had been previously offered or promised, the collector needs to know if they were in fact provided. If the HUMINT collector has previously questioned the source, he must evaluate the approaches he used and decide if they need to be modified or if additional approach techniques will be needed (see Chapter 8.)
ADDITIONAL SUPPORT REQUIRED
7-17. The HUMINT collector must decide if he will need technical support to include interpreter support.
•
Technical support. The HUMINT collector must decide if he will need additional support including analytical, technical, or interpreter support.

•
Analytical or technical support. The HUMINT collector must decide if he has the analytical or technical capability to question a specific source. If not, he must decide what degree of support from advice to participation is required of the analyst or technical expert. Any request for analytical or technical support must be coordinated with the 2X. On rare occasions, it may be desirable for the HUMINT collector to seek polygraph support or support from a Behavioral Science Consultant (BSC). BSCs are authorized to make psychological assessments of the character, personality, social interactions, and other behavioral characteristics of interrogation subjects and advise HUMINT collectors of their assessments, as needed.

•
Interpreter support. If the HUMINT collector does not speak the needed language or does not speak the needed language well enough to conduct questioning, an interpreter will be required. If the HUMINT collector will need an interpreter, the HUMINT collector will also have to consider the clearance needed to complete the questioning and the availability of the interpreter, as well as the extra time necessary to complete the questioning session. The HUMINT collector will also have to brief the interpreter on the method of interpretation and the HUMINT exploitation plan. Also, he should determine whether there are any cultural aspects associated with the interpreter that may enhance or detract from the success of the meet. (See Chapter 11 for detailed information on HUMINT collection using an interpreter.)

7-116 September 2006
FM 2-22.3 _
DEVELOP A QUESTIONING PLAN
7-18. The HUMINT collector must develop a plan that will guide his questioning of the source. This includes general topics to be exploited and the sequence in which they will be covered.
7-19. There are two general sequences used in questioning: topical and chronological.
•
Topical questioning is used when time is a prime concern, when the source is believed to possess key information in a limited area, when the questioning is concerning a technical topic, or when the source has been talked to previously and this is a subsequent questioning to expand on earlier topics.

•
Chronological questioning normally is used when the HUMINT collector is uncertain of the areas of source knowledge, when time is not a factor in questioning, during initial questioning when the source is believed to have knowledge on a large number of topics, and in friendly force mission debriefing.

7-20. A topical sequence is an outline of topics to be questioned in a selected sequence and is based on intelligence requirements or HCRs, as well as a specific source's potential to provide information pertinent to those requirements. The plan serves as a checklist for the HUMINT collector to ensure that all subjects pertinent to the collection objective are questioned in an efficient and organized manner. The HUMINT collector uses his estimate of the type and extent of knowledge possessed by the source to modify the basic topical sequence of questioning. He selects only those topics in which he believes the source has pertinent knowledge. In this way, the HUMINT collector refines his element's overall objective into a set of specific HUMINT collection subjects. In OB factors questioning in either a tactical or strategic setting, and across the full spectrum of operations, the topics covered include missions and the nine major OB factors:
•
Composition.

•
Strength.

•
Dispositions.

•
Tactics.

•
Training.

•
Combat effectiveness.

•
Logistics.

•
Electronic technical data.

•
Miscellaneous.

7-21. See Appendix G for questioning quick reference examples of topics covered under the nine OB factors.
7-22. In strategic and operational debriefing operations the relevant HCR or SDR will guide the HUMINT collector. Regardless of which tasking document is referenced, the topical sequence is established by collection requirements, modified or sequenced, based on source knowledge and time.
7-23. The nine OB factors are not the only guideline that may be used by the HUMINT collector. If the collection objective is something other than a
6 September 2006
military unit, many of the OB factors will not fit the collection plan. A helpful memory aid, in this case, is mission, identification, location, and organization (MILO). MILO gives a short, easily remembered structure for questioning nonmilitary or strategic topics. The MILO factors can be questioned in any order, but often the most logical sequence of MILO questioning is identification, organization, location, and mission. Many of the nine OB factors can also fit into the MILO format.
IDENTIFY MEANS OF RECORDING AND REPORTING
7-24. The HUMINT collector will want to decide upon a means of recording the information obtained through source questioning. If the HUMINT collector is planning to use a sound or video recorder, he will also have to consider the availability of the equipment and its positioning (see Chapter 9). Along with the method of recording the information, the HUMINT collector will have to decide on the means of reporting the information (see Chapter 10). Tapes of interrogations must be safeguarded in accordance with DOD Regulation 5200.1-R.
FINAL PREPARATIONS
7-25. Mter the source-specific questioning plan is developed, the HUMINT collector takes some final preparatory steps.
•
Review plan. The HUMINT collector should always go over his collection plan with his supervisor. This review can be written or oral. In addition to the obvious requirements to keep the chain of command informed, this review helps identify any weaknesses in the plan and is a means to effect required coordination and support.

•
Collect questioning support materials. The HUMINT collector will want to collect the various references and other guides that he will use to support his questioning. These materials may include source documents, maps, aerial photographs, imagery, OB data, extra lights, extra tables, drawing templates, graph paper, questioning guides, technical reference manuals, city plans and handbooks, and recording devices.

•
Conduct required coordination. The HUMINT collector coordinates any support requirements including analytical, technical, or interpreter support, questioning location, ICFs, recording equipment, security, and transportation.

•
Organize. The HUMINT collector organizes his materials in a logical manner that will complement his topical sequence. By being organized, the HUMINT collector will not waste time trying to locate the correct manual or guide. Additionally, the HUMINT collector will present a professional appearance to his source.

•
Reconnoiter the questioning location. Ifthe questioning location is to be somewhere other than the HUMINT collector's normal AO, such as a public restaurant, the· HUMINT collector should conduct an unobtrusive reconnaissance of the site. Ifat all possible, this should be at the same time and day of the week as the planned meeting. This allows the HUMINT collector to assess the possible security problems

7-136 September 2006
FM 2-22.3 _
of the location, judge the traffic flow, and identify any other items that might affect the·questioning. He can also judge where within the meeting site he can set up for maximum security and psychological advantage. He must be careful that in doing so he does not set up patterns of operation that will increase rather than decrease security problems.
•
Set up questioning site. If the HUMINT collector has control over the site where the collection is being conducted, the last step in preparing is the actual setup of the questioning site. The HUMINT collector will want to decide on the placement of the furniture and lighting and where everyone will be seated and decide where he will place his technical support materials.

•
Question guards. If the person to be questioned is a detainee, the HUMINT collector should arrange to question MP guards who have been in contact with the detainee to ascertain source behavior, attitude, and other useful information that guards may be able to provide.

•
Check with medical personnel. If the detainee was injured or ill, ensure that he was treated by medical authorities and released for questioning.

7-26. The supervisor reviews each plan for legal considerations, appropriate goals in accordance with the collection objectives of the supported unit, and makes any changes he thinks are necessary. The supervisor ensures that contract interrogators are utilized in accordance with the scope of their contract and current policy. (See Appendix K.) Mter the plan is approved, the collection operation is executed. Prior to execution, the supervisor ensures mission brief back, rehearsal, and pre-combat inspections are conducted.
6 September 2006
FM 2-22.3
Chapter 8
Approach Techniques and Termination Strategies
8-1. Regardless of the type of operation, the initial impression that the HUMINT collector makes on the source and the approach he takes to gain the source's cooperation will have a lasting effect on the continuing relationship and the degree of success in collecting information. The approach used will vary based on the type of operation; the operational environment; the status of the source; the personality, position, and identity of the source; and the personality and experience level of the HUMINT collector and the time available.
8-2. The MPs will not take any actions to set conditions for interrogations (for example, "softening up" a detainee). Additionally, in accordance with DOD Directive 3115.09, military working dogs, contracted dogs, or any other dog in use by a government agency shall not be used as a part of an interrogation approach nor to harass, intimidate, threaten, or coerce a detainee for interrogation purposes. Leadership throughout the chain of command is responsible to ensure that HUMINT operations are in compliance with these governing regulations and guidelines, whether the HUMINT collection is to take place as part of HCT operations or in an internment facility.
8-3. The only authorized interrogation approaches and techniques are those authorized by and listed in this manual, in accordance with the Detainee Treatment Act of 2005. Two approaches, Mutt and Jeff and False Flag, require approval by the first 0-6 in the interrogator's chain of command. The restricted interrogation technique "Separation" requires COCOM commander approval for use, and approval of each interrogation plan using "Separation" by the first General Officer/Flag Officer (GO/FO) in the chain of command. Coordination may also be required with the C/J/G2X, security, legal, or other personnel. Regardless of the coordination efforts required, use of all techniques at all locations must carefully comply with this manual and additional instructions contained in the latest DOD and COCOM policies.
NOTE: The word "source" will be used in this chapter to mean any person who is the objective of the HUMINT collector's approach, and is applicable in any collection situation unless otherwise noted in the text. This use of the term "source" is consistent with US Army Intelligence Center HUMINT collector training.
APPROACH PHASE
8-4. During the approach phase, the HUMINT collector establishes the conditions of control and rapport to facilitate information collection. The approach begins with initial contact between the source and the HUMINT collector. Extreme care is required since the success of the· collection effort
6 September 2006
FM 2-22.3 _
hinges, to a large degree, on the early development of the source's willingness to communicate. Interrogators must have a deep understanding of the cultural norms, anomalies, and emotional triggers of the person being interrogated in order to select appropriate approach strategies and to interrogate effectively.
8-5. The HUMINT collector's objective during this phase is to establish a relationship with the source that results in the source providing accurate and reliable information in response to the HUMINT collector's questions. The HUMINT collector adopts an appropriate persona based on his appraisal of the source but remains alert for verbal and non-verbal clues that indicate the need for a change in the approach techniques. The amount of time spent on this phase will depend mostly on the probable quantity and value of information the source possesses, the availability of other sources with knowledge on the same topics, and available time. At the initial contact, a businesslike relationship should be maintained. As the source assumes a cooperative attitude, a more relaxed atmosphere may be advantageous. The HUMINT collector must carefully determine which of the various approach techniques to employ.
8-6. Sources will cooperate with the HUMINT collector for various reasons ranging from patriotic duty to personal gain, such as material gifts or money. They may also respond to emotion or logic. Regardless of the type of source and his outward personality, every source possesses exploitable characteristics that, if recognized by the HUMINT collector, can be used to facilitate the collection process. These characteristics may be readily apparent or may have to be extrapolated from the source's speech, mannerisms, facial expressions, physical movements, involuntary responses (perspiration, changes in breathing, eye movement), and other overt indications that vary from source to source. From a psychological standpoint, the HUMINT collector must be cognizant of the following behaviors. People tend to
•
Want to talk when they are under stress and respond to kindness and understanding during trying circumstances. For example, enemy soldiers who have just been captured have experienced a significant stress-producing episode. The natural inclination is for people to want to talk about this sort of experience. If the EPW has been properly segregated and silenced, the HUMINT collector will be the first person the EPW has a chance to talk to. This is a powerful tool for the collector to use to get the subject talking. The desire to talk may also be manifested in refugees, DPs, and even local civilians when confronted by an unsettled situation.

•
Show deference when confronted by superior authority. This is culturally dependent but in most areas of the world people are used to responding to questions from a variety of government and quasigovernment officials.

•
Operate within a framework of personal and culturally derived values. People tend to respond positively to individuals who display the same value system and negatively when their core values are challenged.

•
Respond to physical and, more importantly, emotional self-interest. This may be as simple as responding to material rewards such as extra

6 September 2006
food or luxury items for their personal comfort or as complex as responding to support in rationalizing guilt.
•
Fail to apply or remember lessons they may have been taught regarding security if confronted with a disorganized or strange situation. .

•
Be more willing to discuss a topic about which the HUMINT collector demonstrates identical or related experience or knowledge.

• Appreciate flattery and exoneration from guilt.
•
Attach less importance to a topic if it is treated routinely by the HUMINT collector.

•
Resent having someone or something they respect belittled, especially by someone they dislike.

8-7. HUMINT collectors do not "run" an approach by following a set pattern
or routine. Each approach is different, but all approaches have the following
in common. They
•
Establish and maintain control over the source and collection effort. This does not necessarily equate to physical control. Rather it means that the HUMINT collector directs the conversation to cover the topics that are of interest to him. This may be overt in a debriefing or an interrogation or subtle in an elicitation. In a very basic sense, the HUMINT collector is in control if he is asking questions and receiving answers. If the source is asking questions, refusing to answer questions, or directing or attempting to direct the exchange, he is challenging for control. If the source challenges this control, the HUMINT collector must act quickly and firmly to reestablish control.

•
Establish and maintain a rapport between the HUMINT collector and the source. Rapport is a condition established by the HUMINT collector that is characterized by source confidence in the HUMINT collector and a willingness to cooperate with him. This does not necessarily equate to a friendly atmosphere. It means that a relationship is established and maintained that facilitates the collection of information by the HUMINT collector. The HUMINT collector may establish a relationship as superior, equal, or even inferior to the source. The relationship may be based on friendship, mutual gain, or even fear.

•
Identify the source's primary emotions, values, traditions, and

characteristics and use them to gain the source's willing cooperation. 8-8. The successful application of approach techniques, coupled with measures to ensure source veracity, results in the source providing accurate information in response to the HUMINT collector's requirements. The source mayor may not be aware that he is providing the HUMINT collector with needed information. The approach does not end when the source begins providing information but is reinforced as necessary throughout the questioning.
6 September 2006
FM 2-22.3 _
DEVELOPING RAPPORT
8-9. The basis of rapport is source confidence in the HUMINT collector, which leads to a willingness to cooperate. Rapport does not necessarily mean a friendly relationship, although that may be the case. It means an establishment of a relationship in which the HUMINT collector presents a realistic persona designed to evoke cooperation from the source. The source responds with relevant, truthful information. Rapport is established during the approach and must be maintained throughout the questioning of the source. If the HUMINT collector has established good rapport initially and then abandons the effort, the source would rightfully begin to question the HUMINT collector's sincerity and may cease answering questions.
BUILDING RAPPORT
8-10. Building rapport is an integral part of the approach phase. The establishment of rapport begins when the HUMINT collector first encounters the source. Depending on the situation, the HUMINT collector may introduce himself to the source. In debriefing and liaison operations, this will normally be the collector's true name and affiliation. In elicitation, the requirement and type of introduction depends on the operation. In interrogation operations, the HUMINT collector normally will not introduce himself unless he is laying the groundwork for an approach. If he does introduce himself, normally he will adopt a duty position and rank supportive of the approach strategy selected during the planning and preparation phase. The HUMINT collector must select a rank and duty position that is believable based on the HUMINT collector's age, appearance, and experience. A HUMINT collector may, according to international law, use ruses of war to build rapport with interrogation sources, and this may include posing or "passing himself off' as someone other than a military interrogator. However, the collector must not pose as
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A doctor, medic, or any other type of medical personnel.

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Any member of the International Committee of the Red Cross (ICRC) or its affiliates. Such a ruse is a violation of US treaty obligations.

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A chaplain or clergyman.

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A journalist.

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A member of the US Congress.

8-11. The HUMINT collector should seek advice from his SJA concerning representing himself as holding any other sensitive position.
8-12. A good source assessment is the basis for the approach and vital to the success of the collection effort. The HUMINT collector continually assesses the source to see if the approaches-and later the questioning techniqueschosen in the planning and preparation phase will indeed work. Approaches chosen in planning and preparation are tentative and based on the limited information available from documents, guards, and personal observation. This may lead the HUMINT collector to select approaches that may be totally incorrect for obtaining this source's willing cooperation. Thus, careful assessment of the source is critical to avoid wasting valuable time in the approach phase. Whether the HUMINT collector is using reasoned argument
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or emotion to get the source to cooperate, he must be convincing and believable and appear sincere.
RAPPORT POSTURE
8-13. Unless there is rationale for acting otherwise, the HUMINT collector will begin his interaction with the source in a businesslike manner. He will be neither hostile nor overly friendly. Based on the tentative approaches developed during planning and preparation and the verbal and physical clues from the source, the HUMINT collector will modify this posture to facilitate collection.
8-14. Based on planning and preparation, the HUMINT collector may decide to adopt a stern posture. He presents himself as a person in a superior position to the interrogation source and demands proper deference and obedience by the interrogation source. In the case of an EPW this is manifested by having the source remain at attention and address the HUMINT collector as "Sir." This can be effective in dealing with lower ranking military personnel or members of oppressed ethnic, tribal, or religious groups who are conditioned to respond to authority or civilians in lower economic or social positions who are used to responding to directions from various bureaucrats and civilian superiors. This posture can have negative results since many persons in the positions mentioned above have developed mechanisms for dealing with superiors that mostly involve giving minimal information and agreeing with whatever the authority figure says.
8-15. In most cases, either initially or after the interrogation source has begun answering questions, the HUMINT collector will adopt a more relaxed or even sympathetic posture. The HUMINT collector addresses the interrogation source in a friendly fashion, striving to put him at ease. Regardless of the posture selected by the HUMINT collector, he must stay detached emotionally while maintaining the appearance of total involvement and stay within his adopted persona. The HUMINT collector must control his temper at all times. He must not show distaste, disgust, or unease at anything the source says unless that reaction is a planned part of the approach strategy. He should not show surprise at anything that the interrogation source says since it might undermine source confidence in the HUMINT collector and their relationship.
8-16. The HUMINT collector must support his verbal approaches with appropriate body language. Just as the HUMINT collector is observing the source to identify non-verbal clues that support or contradict the verbal message, the HUMINT collector is being scrutinized by the source to identify the same clues. The techniques used in an approach are a totality of effort, not just verbal conversation between the HUMINT collector and the source. Body language is in many instances culturally dependent. Standing at a given distance from an individual may be perceived as comforting in some societies and hostile in others. The HUMINT collector must adapt his body
.language to the culture in which he is working rather than expect the source to adapt to his.
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FM 2-22.3 _
APPROACH TECHNIQUES
8-17. The approaches listed are not guaranteed solutions for every situation. Some individual approaches that may be suitable for one operating environment, such as when conducting HUMINT contact operations, may be ineffective in another, such as interrogation. Some will be successful with one source and ineffective with another. In any case, everything the HUMINT collector says and does must be in compliance with the applicable law and policy under which the HUMINT collector is operating. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs.
8-18. There are 18 approach techniques that can be employed on any detainee regardless of status or characterization, including EPWs. Additionally, there is one restricted interrogation technique called separation (see Appendix M). Separation cannot be employed on EPWs. With the exception of the direct approach, which may be effective by itself, approach techniques are used in combination with other approaches and techniques. Transitions from one approach to another must be smooth, logical, and convincing.
DIRECT APPROACH
8-19. (Interrogation and Other MSO) Almost all HUMINT collection begins with the direct approach. The exception to this is during elicitation operations that by their very nature are indirect. In using the direct approach, the HUMINT collector asks direct questions (see Chapter 9). The initial questions may be administrative or nonpertinent but the HUMINT collector quickly begins asking pertinent questions. The HUMINT collector will continue to use direct questions as long as the source is answering the questions in a truthful manner. When the source refuses to answer, avoids answering, or falsely answers a pertinent question, the HUMINT collector will begin an alternate approach strategy. The fact that the source is answering questions does not preclude the HUMINT collector from providing an incentive to reward the source and continue his cooperation as long as that incentive does not slow down the collection. For example, a HUMINT collector might offer the source coffee or cigarettes to reward his cooperation. See Chapter 9 for the use of Repeat and Control questions in detecting deception.
8-20. Statistics from interrogation operations in World War II show that the direct approach was effective 90 percent of the time. In Vietnam and in Operations URGENT FURY (Grenada, 1983), JUST CAUSE (Panama, 1989), and DESERT STORM (Kuwait and Iraq, 1991), the direct approach was 95 percent effective. The effectiveness of the direct approach in Operations ENDURING FREEDOM (Mghanistan, 2001-2002) and IRAQI FREEDOM (Iraq, 2003) are still being studied; however, unofficial studies indicate that in these operations, the direct approach has been dramatically less successful. The direct approach is frequently employed at lower echelons when the tactical situation precludes selecting other techniques, and where
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the EPW's or detainee's mental state is one of confusion or extreme shock. However, the HUMINT collector must remember that just because a source is answering a direct question does not mean he is being truthful.
INCENTIVE APPROACH
8-21. (Interrogation and Other MSO) The incentive approach is trading something that the source wants for information. The thing that you give up may be a material reward, an emotional reward, or the removal of a real or perceived negative stimulus. The exchange of the incentive may be blatant or subtle. On one extreme, the exchange may be a formal cash payment for information during some contact operations while on the other extreme it may be as subtle as offering the source a cigarette. Even when the direct approach is successful, the HUMINT collector may use incentives to enhance rapport and to reward the source for cooperation and truthfulness. The HUMINT collector must be extremely careful in selecting the options offered to a detainee source. He cannot deny the detainee anything that he is entitled to by law.
8-22. The HUMINT collector also should not offer anything that is not in his power to give. Although this might be expedient in the short term, in the long run it will eliminate source cooperation. When asked to provide something beyond his authority, the HUMINT collector can agree to help, check into, or otherwise support the request without committing himself to its successful accomplishment. HUMINT collectors must be cautious in the use of incentives for the following reasons:
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There is an inherent suspicion of the truthfulness of ''bought'' information. Sources may manufacture information in order to receive or maintain an incentive. Sources may also ''hold back" information in the hopes of trading it at a later date for greater incentives. They may also hold back information ifthe incentive is not immediately available or guaranteed.

•
The incentive must be believable and attainable. The incentive must be within the capability of the HUMINT collector's assumed persona to achieve. For example, if the detainee was captured after killing a US soldier, an incentive of release would not be realistic or believable. Likewise, if the interrogator is presenting himself as being a "harmless clerk" at the detention center, it would be unrealistic to expect a detainee to believe that a clerk could arrange to have the detainee's girlfriend brought to visit him. Such a visit might be possible, but the interrogator's assumed persona would not seemingly provide him with the authority to make it happen.

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The HUMINT collector must provide any promised incentive. A simple promise of an incentive may be sufficient to obtain immediate cooperation. If, however, the HUMINT collector does not follow through on providing the incentive, he will lose credibility and rapport with his source. This may end the cooperation of not only that source but also possibly any potential source who has contact with that source.

•
The HUMINT collector may not state or even imply that the basic human rights guaranteed by applicable national and international

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FM 2-22.3 _
laws, regulations, and agreements will be contingent on a detained source's cooperation. An incentive for cooperation IS viable only if the HUMINT collector has or is perceived to have the authority to withhold the incentive if the source is not cooperative. A HUMINT collector cannot promise an EPW that he will be treated in accordance with the GPW if he cooperates. This statement implies that the EPW will not be treated properly if he does not cooperate. Since the EPW must be treated in accordance with the GPW whether he cooperates or not, the HUMINT collector will rapidly lose credibility.
EMOTIONAL APPROACHES
8-23. (Interrogation and Other MSO) Emotional approaches are centered on how the source views himself and his interrelationships with others. Through source observation and initial questioning, the HUMINT collector can often identify dominant emotions that motivate the EPW/detainee. The motivating emotion may be greed, love, hate, revenge, or others. The emotion may be directed inward (feelings of pride or helplessness) or outward (love of family). The HUMINT collector employs verbal and emotional ruses in applying pressure to the source's dominant emotions. He then links the satisfaction of these emotions to the source's cooperation. Often, the presentation of like experiences and presenting the source with an opportunity to express his emotions is sufficient to result in cooperation. However, sometimes the source must be presented with a specific action or tangible manifestation of support.
8-24. Although the emotion is the key factor, an emotional approach is normally worthless without an attached incentive. The incentive must meet the criteria listed above for the incentive approach to ensure that the incentive is believable and attainable. For example, this technique can be used on the EPW/detainee who has a great love for his unit and fellow soldiers. Simply having the source express this emotion is not enough. Mter the source expresses this emotion, the HUMINT collector can take advantage of this by telling the EPW/detainee that by providing pertinent information, he may shorten the war or battle in progress and save many of his comrades' lives, but his refusal to talk may cause their deaths. This gives the source the alternatives of facing the status quo or expressing love of comrades through cooperating with the HUMINT collector.
8-25. Religion is an especially difficult topic to use in any emotional approach. An approach using religion may encourage the source to be further motivated by love, remorse, futility, or even pride to cooperate with the interrogator. On the other hand, an approach using religion may also encourage the source to end any rapport and cooperation with the interrogator. Although it is acceptable to use religion in all interrogation approaches, even to express doubts about a religion, an interrogator is not permitted to denigrate a religion's symbols (for example, a Koran, prayer rug, icon, or religious statue) or violate a religion's tenets, except where appropriate for health, safety, and security reasons. Supervisors should carefully consider the experience level of their subordinates before permitting the use of religion in any interrogation approach.
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8-26. Similarly, supervisors should question the appropriateness of demeaning any racial group, including the source's, to elicit an emotional response during an interrogation approach.
8-27. One common danger to the use of emotional approaches is the development of an emotional attachment on the part of the HUMINT collector. It is natural that a source will develop an emotional attachment to the HUMINT collector. The HUMINT collector will often foster this attachment. However, it is vital the HUMINT collector not develop a corresponding emotional attachment to the source. This problem normally develops when a HUMINT collector has contact with one source or a group of similar sources over an extended period of time. There is transference of the source's problems to the HUMINT collector. For example, HUMINT collectors working in a refugee camp frequently begin to view the welfare of the refugees as a greater concern than HUMINT collection. The HUMINT collector, while developing emotion within the source, must act believably but at the same time he must remain detached. He must remember that the emotion is a means to an end (that is, information collection). Supervisors must carefully observe HUMINT collectors for signs of this emotional attachment to the source and take appropriate action ranging from counseling to reassignment.
8-28. The following are types of emotional approaches.
Emotional Love Approach
8-29. (Interrogation and Other MSO) Love in its many forms (friendship, comradeship, patriotism, love of family) is a dominant emotion for most people. The HUMINT collector focuses on the anxiety felt by the source about the circumstances in which he finds himself, his isolation from those he loves, and his feelings of helplessness. The HUMINT collector directs the love the source feels toward the appropriate object: family, homeland, or comrades. If the HUMINT collector can show the source what the source himself can do to alter or improve his situation or the situation of the object of his emotion, the approach has a chance of success.
8-30. The key to the successful use of this approach is to identify an action that can realistically evoke this emotion (an incentive) that can be tied to a detained source's cooperation. For example, if the source cooperates, he can
.see his family sooner, end the war, protect his comrades, help his country, help his ethnic group. A good HUMINT collector will usually orchestrate some futility with an emotional love approach to hasten the source's reaching the breaking point. In other words if the source does not cooperate, these things may never happen or be delayed in happening. Sincerity and conviction are critical in a successful attempt at an emotional love approach as the HUMINT collector must show genuine concern for the source, and for the object at which the HUMINT collector is directing the source's emotion. The emotional love approach may be used in any MSO where the source's state of mind indicates that the approach may be effective.
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FM 2-22.3 _
Emotional Hate Approach
8-31. (Interrogation and Other MSO) The emotional hate approach focuses on any genuine hate, or possibly a desire for revenge, the source may feel. The HUMINT collector must clearly identify the object of the source's hate and, if necessary, build on those feelings so the emotion overrides the source's rational side. The source may have negative feelings about his country's regime, immediate superiors, officers in general, or fellow soldiers. The emotional hate approach may be used in any MSO where the source's state of mind indicates that the approach may be effective.
8-32. The emotional hate approach may be effective on members of racial or religious minorities who have or feel that they have faced discrimination in military and civilian life. The ''hate'' may be very specific. For example, a . source may have great love for his country, but may hate the regime in control. The HUMINT collector must be sure to correctly identify the specific object of the hate. The emotional hate approach is most effective with the immature or timid source who may have had no opportunity up to this point for revenge, or never had the courage to voice his feelings.
8-33. As in the emotional love approach, the key to the successful application is the linking of the emotion with a tangible manifestation of that emotion. The HUMINT collector must be extremely careful that he does not promise anything that would be contrary to national or international law or US interests or goals. For example, if an EPW feels he has been treated unfairly in his unit, the HUMINT collector can point out that, if the source cooperates and divulges the location of that unit, the unit can be destroyed, thus affording the source revenge. But he cannot promise that the unit if attacked would not be allowed to surrender or that the unit if it surrenders will be treated badly.
8-34. The HUMINT collector must be careful that he does not assume that casual negative comments equate to a strong hate. Many soldiers will make negative comments against their army but will support and defend their army against any "outsider." The HUMINT collector should also not assume generalities; for example, assuming that a member of an ethnic minority hates the ethnic majority just because most ethnic minorities hate those in the ethnic majority.
Emotional Fear-Up Approach
8-35. (Interrogation and Other MSO) Fear is another dominant emotion that can be exploited by the HUMINT collector. In the fear-up approach, the HUMINT collector identifies a preexisting fear or creates a fear within the source. He then links the elimination or reduction of the fear to cooperation on the part of the source. The HUMINT collector must be extremely careful that he does not threaten or coerce a source. Conveying a threat may be a violation of the UCMJ. The HUMINT collector should also be extremely careful that he does not create so much fear that the source becomes unresponsive. The HUMINT collector should never act as if he is out of control or set himself up as the object or focal point of the source's fear. If the HUMINT collector acts in this manner, it is extremely difficult to then act as
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the outlet for the fear. Supervisors should consider the experience level of their subordinates before approving their use of this approach.
8-36. If there is a justifiable fear, the HUMINT collector should present it and present a plan to mitigate it if the source cooperates (combination of emotional and incentive approaches). For example, an EPW source says that he will not cooperate because if he does his fellow prisoners will kill him or, if a contact source says that if people find out he is cooperating, his family will suffer. In these cases, the HUMINT collector can point out that the source has already placed himself at risk and he or his family may suffer whether he cooperates or not Gustified fear). But if he cooperates, the HUMINT collector will do his best to ensure that either no one will find out or that he will be protected (incentive).
8-37. Ifthere is no justified fear, the HUMINT collector can make use of nonspecific fears. ''You know what can happen to you here?" A fear-up approach is normally presented in a level, unemotional tone of voice. For example, "We have heard many allegations of atrocities committed in your area and anyone that was involved will be severely punished" (non-specific fear). "If you cooperate with me and answer all of my questions truthfully, I can make sure you are not falsely accused" (incentive). The source should demonstrate some indication of fear, whether verbal or non-verbal, prior to using this approach. If a fear is pre-existing, the approach will work and is legal. If there is no indication of fear, another approach should be considered.
8-38. It is often very effective to use the detainee's own imagination against him. The detainee can often visualize exactly what he is afraid of better than the HUMINT collector can express it.
8-39. The "fear-up" approach is frequently used in conjunction with the emotional love or hate approaches. For example, the HUMINT collector has already established that a detainee source has a strong love of family but is now separated from them. He may state, "I wonder how your family is getting along without you?" (fear of the unknown). He then promises to allow the detainee more than the minimum two letters a month required by the
GPW.
Emotional Fear-Down Approach
8-40. (Interrogation and Other MSO) The emotion of fear may dominate the source to the point where he is unable to respond rationally to questioning, especially in interrogation sources. However, the fear-down approach may be used in any MSO where the source's state of mind indicates that it would be an appropriate approach to use. In the fear-down approach the HUMINT collector mitigates existing fear in exchange for cooperation on the part of the source. This is not normally a formal or even voiced agreement. Instead, the HUMINT collector through verbal and physical actions calms the source. Psychologically, the source then views the HUMINT collector as the protector or the one who is providing the calm and wishes to help the HUMINT collector in gratitude and in order to maintain the HUMINT collector as the protector. When used with a soothing, calm tone of voice and appropriate body language, a fear-down approach often creates rapport and nothing else may be needed to get the source to cooperate. At times, however, the
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FM 2-22.3 _
HUMINT collector must describe concrete actions that he will take in order to remove the source's fear.
8-41. Frequently the object of the fear is too traumatic for the source to face directly. While calming the source, the HUMINT collector may initially ask nonpertinent questions and avoid the subject that has caused the source's fear. This develops rapport and establishes. communication. The HUMINT collector must remember that his goal is collecting information, not concern with the psychological well being of the source. He will be concerned with the latter only insofar as it helps him obtain the former. This approach technique may backfire if allowed to go too far. Mter convincing the source he has nothing to fear, the source may cease to be afraid and may feel secure enough to resist the HUMINT collector's pertinent question.
Emotional-Pride and Ego-Up Approach
8-42. (Interrogation and Other MBa) The emotional-pride amI ego-up approach may be used in any MBa. It exploits a source's low self-esteem. Many HUMINT sources including EPWs and other detainees, retained persons, civilian internees, or refugees may suffer from low self-esteem and feelings of helplessness due to their immediate circumstances. Others, such as individuals or members of social or ethnic groups that have been discriminated against or low-ranking members of organizations (including the military), may also show low self-worth. In this technique, the source is flattered into providing certain information in order to gain credit and build his ego. The HUMINT collector must take care to use a flattering somewhatin-awe tone of voice, and speak highly of the source throughout this approach while remaining believable. This should produce positive feelings on the source's part as he receives desired recognition. The source will eventually reveal pertinent information to solicit more favorable comments from the HUMINT collector.
8-43. This technique can also be employed in another manner-by flattering the source into admitting certain information in order to gain credit. For example, while interrogating a suspected saboteur, the HUMINT collector states: "This was a smooth operation. I have seen many previous attempts fail. I bet you planned this. Who else but a clever person like you would have planned it? When did you first decide to do the job?"
8-44. A variation of this approach can also be used on individuals with strong egos. It is based on the premise that everyone likes to talk about what they do best. The HUMINT collector shows interest in and asks the source to explain an aspect of his job. The questioning begins with nonpertinent aspects of the source's job. The HUMINT collector displays interest and asks increasingly technical and pertinent questions. For example, if the source is an EPW who was a pilot, the HUMINT collector might begin by asking him what it is like to fly. As the source talks about this, the .collector demonstrates interest and gradually uses questions to lead the conversation to capabilities of specific aircraft, specific missions that the pilot has flown,
tactics, or whatever topic is a priority for collection.
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Emotional-Pride and Ego-Down Approach
8-45. (Interrogation) The emotional-pride and ego-down approach is based on attacking the source's ego or self-image. The source, in defending his ego, reveals information to justify or rationalize his actions. This information may be valuable in answering collection requirements or may give the HUMINT collector insight into the viability of other approaches. This approach is effective with sources who have displayed weakness or feelings of inferiority. A real or imaginary deficiency voiced about the source, loyalty to his organization, or any other feature can provide a basis for this technique.
8-46. The HUMINT collector accuses the source of weakness or implies he is unable to do a certain thing. This type of source is also prone to excuses and rationalizations, often shifting the blame to others. An example of this technique is opening the collection effort with the question, "Why did you surrender so easily when you could have escaped by crossing the nearby ford in the river?" The source is likely to provide a basis for further questions or to reveal significant information if he attempts to explain his surrender in order to vindicate himself. He may give an answer such as, "No one could cross the ford because it is mined."
8-47. The objective is for the HUMINT collector to use the source's sense of pride by attacking his loyalty, intelligence, abilities, leadership qualities, slovenly appearance, or any other perceived weakness. This will usually goad the source into becoming defensive, and he will try to convince the HUMINT collector he is wrong. In his attempt to redeem his pride and explain his actions, the source may provide pertinent information. Possible targets for the emotional-pride and ego-down approach are the source's
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Loyalty.

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Technical competence.

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Leadership abilities.

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Soldierly qualities.

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Appearance.

8-48. There is a risk associated with this approach. If the emotional-pride and ego-down approach fails, it is difficult for the HUMINT collector to recover and move to another approach without losing his credibility. Also, there is potential for application of the pride and ego approach to cross the line into humiliating and degrading treatment of the detainee. Supervisors should consider the experience level of their subordinates and determine specifically how the interrogator intends to apply the approach technique before approving the interrogation plan.
Emotional-Futility
8-49. (Interrogation and Other MSO) The emotional-futility approach is generally used in an interrogation setting, but may also be used for other MSO, if indicated by the source's state of mind. In the emotional-futility approach, the HUMINT collector convinces the source that resistance to questioning is futile. This engenders a feeling of hopelessness and helplessness on the part of the source. Again as with the other emotional approaches, the HUMINT collector gives the source a "way out" of the
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FM 2-22.3 _
helpless situation. For example "it is hopeless for your forces to continue fighting because they can no longer get supplies, but you can help end the war and their suffering." When employing this technique, the HUMINT collector must have factual information. The HUMINT collector presents these facts in a persuasive, logical manner. He should be aware of and able to exploit the source's psychological and moral weaknesses, as well as weaknesses inherent in his society.
8-50. The futility approach is effective when the HUMINT collector can play on doubts that already exist in the source's mind. Factual or seemingly factual information must be presented in a persuasive, logical manner, and in a matter-of-fact tone of voice. Making the situation appear hopeless allows the source to rationalize his actions, especially if that action is cooperating with the HUMINT collector. When employing this technique, the HUMINT collector must not only have factual information but also be aware of and exploit the source's psychological, moral, and sociological weaknesses. Another way of using the futility approach is to blow things out of proportion. Ifthe source's unit was low on, or had exhausted, all food supplies, he can be easily led to believe all of his forces had run out of food. If the source is verging on cooperating, it may aid the collection effort if he is told all the other sources have cooperated.
8-51. The futility approach must be orchestrated with other approach techniques (for example, love of comrades). A source who may want to help save his comrades' lives may be convinced the battlefield situation is hopeless and they will die without his assistance. The futility approach is used to paint a bleak picture for the prisoner, but it is not normally effective in and of itself in gaining the source's cooperation.
Other Approaches
8-52. There are numerous other approaches but most require considerable time and resources. Most are more appropriate for use with sources who are detainees, but some, such as change of scenery, may have application for elicitation or MSO.
8-53. We Know All. (Interrogation) In the "we know all" approach technique, the HUMINT collector subtly convinces the source that his questioning of the source is perfunctory because any information that the source has is already known. This approach may be employed in conjunction with the "file and dossier" technique or by itself. Ifused alone, the HUMINT collector must first become thoroughly familiar with available data concerning the source and the current situation. To begin the collection effort, the HUMINT collector asks questions based on this known data.
8-54. When the source hesitates, refuses to answer, or provides an incorrect or incomplete reply, the HUMINT collector provides the detailed answer himself. The HUMINT collector may even complete a source's answer, as if he is bored and just "going through the motions." When the source begins to give accurate and complete information, the HUMINT collector interjects pertinent questions. Questions to which answers are already known are also asked periodically to test the source's truthfulness and to maintain the deception that the information is already known. There are some inherent
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problems with the use of the "we know all" approach. The HUMINT collector is required to prepare everything in detail, which is time consuming. He must commit much of the information to memory, as working from notes may show the limits of the information actually known. It is also only usable when sufficient prior information exists to convince the source that "we know all."
8-55. File and Dossier. (Interrogation) The file and dossier approach is a variation of the "we know all" approach. The HUMINT collector prepares a dossier containing all available information concerning the source or his organization. The information is carefully arranged within a file to give the illusion that it contains more data than actually there. The file may be padded with extra paper if necessary. Index tabs with titles such as education, employment, criminal record, military service, and others are particularly effective. It is also effective ifthe HUMINT collector is reviewing the dossier when the source enters the room and the source is able to read his name on the dossier and sees the numerous topics and supposed extent of the files.
8-56. The HUMINT collector proceeds as in the "we know all" approach. He refers to the particular labeled segment of the dossier before, during, or after asking a question. In the early stages of questioning, the HUMINT collector asks questions to which he has the answer. He may answer along with the source, complete the information for the source, or even show the source where the information is entered in the dossier. He never lets the source physically handle the dossier. As the source becomes convinced that all the information that he knows is contained within the dossier, the HUMINT collector proceeds to topics on which he has no or little information. In doing so, he still refers to the appropriate section of the dossier and may even nod his head knowingly or tell the source that the information the source is providing still matches what is in the dossier.
8-57. This technique has several limitations and drawbacks. The preparation time in developing the dossier is extensive. The success of this technique is largely dependent on the naivete of the source, volume of data on the subject, and skill of the HUMINT collector in convincing the source that the dossier is more complete than it actually is. There is also the risk that a less naIve source will refuse to cooperate, claiming that, if the collector already knows everything, there is no need for him to talk. Also with this technique, the HUMINT collector is limited in the method he may use to record new information. If the HUMINT collector writes down information, it destroys the illusion that all the information has already been obtained. The HUMINT collector is normally limited to using electronic recording devices or his memory. The HUMINT collector can also arrange ahead of time for another interrogator or analyst to take notes for him, undetected by the source. This could be especially effective in a situation where a separate monitoring area (for oversight) is used by the analyst.
8-58. Establish Your Identity. (Interrogation) In using this approach, the HUMINT collector insists the detained source has been correctly identified as an infamous individual wanted by higher authorities on serious charges, and he is not the person he purports to be. In an effort to clear himself of this
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FM 2-22.3 _
allegation, the source makes a genuine and detailed effort to establish or substantiate his true identity. In so doing, he may proVide the HUMINT collector with information and leads for further development. The HUMINT collector should initially refuse to believe the source and insist he is the individual wanted by the ambiguous higher authorities. This will force the source to give even more detailed information in order to convince the HUMINT collector he is who he says he is.
8-59. Repetition. (Interrogation) The repetition approach is used to induce cooperation from a hostile source. In one variation of this approach, the HUMINT collector listens carefully to a source's answer to a question, and then repeats the question and answer several times. He does this with each succeeding question until the source becomes so thoroughly bored with the procedure, he answers questions fully and candidly to satisfy the HUMINT collector and gain relief from the monotony of this method. The repetition technique must be judiciously used, as it will generally be ineffective when employed against introverted sources or those having great self-control. It may also provide an opportunity for a source to regain his composure and delay the collection effort. In this approach, the use of more than one HUMINT collector or a tape recorder has proven effective.
8-60. Rapid Fire. (Interrogation) The rapid-fire approach is based upon the principles that
•
Everyone likes to be heard when he speaks.

•
It is confusing to be interrupted in mid-sentence with an unrelated question.

8-61. This approach may be used by one, two, or more HUMINT collectors to question the source. In employing this technique, the HUMINT collectors ask a series of questions in such a manner that the source does not have time to answer a question completely before the next one is asked. This confuses the source, and he will tend to contradict himself as he has little time to formulate his answers. The HUMINT collectors then confront the source with the inconsistencies causing further contradictions. In many instances, the source will begin to talk freely in an attempt to explain himself and deny the HUMINT collector's claims of inconsistencies. In this attempt, the source is likely to reveal more than he intends, thus creating additional leads for further exploitation. This approach may be orchestrated with the emotionalpride and ego-down or fear-up approaches. Besides extensive preparation, this approach requires experienced and competent HUMINT collectors, with comprehensive case knowledge and fluency in the source's language.
8-62. Silent. (Interrogation) The silent approach may be successful when used against either a nervous or confident source. When employing this technique, the HUMINT collector says nothing to the source, but looks him squarely in the eye, preferably with a slight smile on his face. It is important not to look away from the source but force him to break eye contact first. The source may become nervous, begin to shift in his chair, cross and re-cross his legs, and look away. He may ask questions, but the HUMINT collector should not answer until he is ready to break the silence. The source may blurt out questions such as, "Come on now, what do you want with me?" When the HUMINT collector is ready to break silence, he may do so with questions
6 September 2006
such as, "You planned this operation for a long time, didn't you? Was it your idea?" The HUMINT collector must be patient when using this technique. It may appear the technique is not succeeding, but usually will when given a reasonable chance.
8-63. Change of Scenery. (Interrogation and Other MSO) The change-ofscenery approach may be used in any type of MSO to remove the source from an intimidating atmosphere such as an "interrogation" room type of setting and to place him in a setting where he feels more comfortable speaking. Bringing a source into a formal setting to conduct an interrogation or debriefing has psychological implications. On the positive side, it places the HUMINT collector in a superior position since he is operating on his "home turf' and has set the conditions for the meeting. It allows the HUMINT collector control over the immediate environment including the positioning of the participants, to establish the desired atmosphere for the approach.
8-64. However, there are potential negative factors in the conduct of questioning in an "Interrogation Room" environment. The source may be intimidated and more guarded; he may consider the formal setting in terms of an adversarial relationship; and he may limit his answers as a mode of self-protection. In some circumstances, the HUMINT collector may be able to invite the source to a different setting for coffee and pleasant conversation. When removed from the formal environment, the source may experience a feeling of leaving the interrogation behind. The perceived reduced pressure may lower his guard and allow him to attach less significance to conversation that occurs outside the formal setting, even though pertinent information is still being discussed. During the conversation in this more relaxed environment, the HUMINT collector steers the conversation to the topic of interest. Through this somewhat indirect method, he attempts to elicit the desired information. The source may never realize he is still being questioned.
8-65. Mutt and Jeff. (Interrogation) The goal of this technique is to make the source identify with one of the interrogators and thereby establish rapport and cooperation. This technique involves a psychological ploy that takes advantage of the natural uncertainty and guilt that a source has as a result of being detained and questioned. Use of this technique requires two experienced HUMINT collectors who are convincing actors. The two HUMINT collectors will display opposing personalities and attitudes toward the source. For example, the first HUMINT collector is very formal and displays an unsympathetic attitude toward the source. He may, for instance, be very strict and order the source to follow all military courtesies during questioning. Although he conveys an unfeeling attitude, the HUMINT collector is careful not to threaten or coerce the source. Conveying a threat of violence is a violation of the UCMJ.
8-66. At the point when the interrogator senses the source is vulnerable, the second HUMINT collector appears (having received his cue by a signal, hidden from the source, or by listening and observing out of view of the source), and scolds the first HUMINT collector for his uncaring behavior and orders him from the room. The second HUMINT collector then apologizes to soothe the source, perhaps offering him a beverage and a cigarette. He
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FM 2-22.3 _
explains that the actions of the first HUMINT collector were largely the result of an inferior intellect and lack of sensitivity. The inference is that the second HUMINT collector and the source share a high degree of intelligence and sensitivity.
8-67. The source is normally inclined to have a feeling of gratitude towards the second HUMINT collector, who continues to show sympathy in an effort to increase rapport and control for the questioning that will follow. If the source's cooperation begins to fade, the second HUMINT collector can hint that he is a busy person of high rank, and therefore cannot afford to waste time on an uncooperative source. He can broadly imply that the first HUMINT collector might return to continue the questioning. The Mutt and Jeff approach may be effective when orchestrated with Pride and Ego Up and Down, Fear Up and Down, Futility, or Emotional Love or Hate.
8-68. Oversight Considerations: Planned use of the Mutt and Jeff approach must be approved by the first 0-6 in the interrogator's chain of command. The HUMINT collector must include as a part of the interrogation plan
•
No violence, threats, or impermissible or unlawful physical contact.

•
No threatening the removal of protections afforded by law.

•
Regular monitoring of the interrogation shall be performed by interrogation personnel.

8-69. False Flag. (Interrogation) The goal of this technique is to convince the detainee that individuals from a country other than the United States are interrogating him, and trick the detainee into cooperating with US forces. For example, using an interrogator who speaks with a particular accent, making the detainee believe that he is actually talking to representatives from a different country, such as a country that is friendly to the detainee's country or organization. The False Flag approach may be effectively orchestrated with the Fear Down approach and the Pride and Ego Up.
8-70. Oversight Considerations: The interrogation chain of command must coordinate an interrogation plan that uses the False Flag approach with the legal representative and the 2X, and receive approval from the first 0-6 in the interrogator's chain of command for each specific use of the False Flag approach.
•
The use of the False Flag approach must complement the overall interrogation strategy and other approach techniques listed in the interrogation plan.

•
When a HUMINT collector intends to pose as a national of a thirdparty country, that country must be identified in the interrogation plan.

•
No implied or explicit threats that non-cooperation will result in harsh interrogation by non-US entities.

•
HUMINT collectors will not pose or portray themselves as any person prohibited by this manual, paragraphs 8·10 and 8-11 (for example, an ICRC representative).

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8-71. Separation. See Appendix M, Restricted Interrogation Technique
Separation.
Selecting an Approach
8-72. There often is insufficient information available to determine an approach other than the direct approach. In this case where the source answers questions but will not discuss pertinent issues, the HUMINT collector may ask direct but nonpertinent questions to obtain sufficient information to develop an approach strategy. This technique is also useful in debriefing to establish rapport. Nonpertinent questions may include
•
Asking about immediate past events. This includes asking an EPW about the circumstances of his capture or asking a refugee about the circumstances concerning his arrival at the refugee point or checkpoint. By doing this, the HUMINT collector can gain insight into the source's current state of mind and, more importantly, he can ascertain his possible approach techniques.

•
Asking background questions. This includes asking about the source's family, work, friends, likes, and dislikes. These types of questions can develop rapport and provide clues as to the source's areas of knowledge or reveal possibilities for incentives or emotional approaches.

•
Considering what are culturally and socially acceptable topics of discussion. For example, asking an Arab male about his wife could be considered extremely rude, whereas not asking an American the same question might be seen as insensitive.

Making Smooth Transitions
8-73. With the exception of the direct approach, no other approach is effective by itself. HUMINT collectors use different approach techniques or combine them into a cohesive, logical technique. Smooth transitions, sincerity, logic, and conviction are needed to make a strategy work. HUMINT collectors must carefully assess the source's verbal or nonverbal clues to determine when a change in approach strategy is required. The HUMINT collector must guide the conversation smoothly and logically, especially when moving from one approach technique to another. Using transitional phrases can make logical and smooth tie-ins to another approach. By using nonpertinent questions, the HUMINT collector can move the conversation in the desired direction and, as previously stated, sometimes can obtain leads and hints about the source's stresses or weaknesses or other approach strategies that may be more successful.
Recognizing Source Cooperation
8-74. Each source has a point where he will begin to cooperate and answer questions. Some sources will begin answering questions completely and truthfully with no preparation; others might require hours or even days of work. The amount of time that a HUMINT collector spends on an approach depends on a variety of factors. These include
6 September 2006
FM 2-22.3 _
•
The quality and criticality of the information believed to be possessed by the source.

•
The presence or absence of other sources that probably possess that information.

•
The number of HUMINT collectors and sources available.

•
The LTIOV that the HUMINT collector is attempting to obtain.

8-75. The HUMINT collector needs to identify the signs that the source is approaching or has reached the point of cooperation. For example, if during the approach the source leans forward with his facial expression indicating an interest in the proposal or is more hesitant in his argument, he is probably nearing the point where he will cooperate. The HUMINT collector must also be aware of the fact that a source can begin to cooperate in certain areas while continuing to resist strongly in other areas. The HUMINT collector should recognize the reason for refusal, overcome the objection, and stress the benefit of cooperating (reinforce the approach). Once the HUMINT collector determines the source is cooperating, he should interject pertinent questions. Ifthe source does not answer the question, the HUMINT collector should continue with his approach or switch to an alternate approach technique and continue to work until he again believes the source will cooperate. If the source answers the pertinent question, the HUMINT collector continues asking relevant questions until the questioning session is completed.
8-76. If a cooperative source balks at answering a specific line of questions, the HUMINT collector must assess the reason for the refusal. The HUMINT collector may have arrived at a topic that the source finds particularly sensitive. Other reasons that might cause a source to stop answering questions are fatigue or unfamiliarity with the new topic. If this topic is critical, the HUMINT collector may have to reinforce the previously successful approach or may have to use a different approach.
APPROACH STRATEGIES FOR INTERROGATION
8-77. Interrogation does not mean a hostile relationship between the HUMINT collector and the source. In fact, most interrogation sources (90 percent or more) cooperate in response to the direct approach. Unfortunately, those sources who have the placement and access to make them high priority sources are also the ones with the highest degree of security awareness. A source who uses counter-interrogation techniques such as delaying, trying to control the conversation, or interrogating the HUMINT collector himself may
•
Be an intelligence trained soldier.

•
Be survival, evasion, resistance, and escape (SERE) trained.

•
Be a terrorist.

•
Have been a detainee or previously incarcerated.

8-78. In stability and reconstruction operations and civil support operations, detainees are often politically motivated and resistant to most approaches.
6 September 2006
8-79. EPWs are normally vulnerable to basic incentive and emotional approach techniques. Most EPWs are traumatized to various degrees by the events preceding or surrounding their capture. They tend to be disoriented and exhibit high degrees of fear and anxiety. This vulnerable state fades over time, and it is vital for HUMINT collectors to interrogate EPWs as soon as and as close to the point of capture as possible. The earlier that an EPW is questioned the more likely he is to cooperate. And the earlier that he begins to cooperate, the more likely he is to continue to cooperate. It is also vital that the HUMINT collector be the first person that the EPW has a chance to talk to. This means that proper silencing and segregation of the sources by whoever is transporting them is an important part of a successful approach.
8-80. The vulnerability of civilian detainees to approach techniques available to the HUMINT collector may be dependent on the exact nature of the conflict. US HUMINT collectors are obligated to treat all detainees in accordance with applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 231O.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. Detainees and, in particular, EPWs are guaranteed certain rights and privileges. The HUMINT collector may not take any action to remove, state that he will remove, or imply that he will remove any guaranteed right if a detainee fails to cooperate. Under the GPW, EPWs cannot be denied their rights or their privileges accorded them by rank as guaranteed by the GPW. Privileges afforded to them, however, which are not guaranteed by the Geneva Conventions or other applicable law or agreements, may be withheld. (See Appendix A, Section I.) Consult your SJA for questions concerning rights and privileges.
8-81. The HUMINT collector is frequently under a great deal of pressure to "produce results." This situation, coupled with the facts that the HUMINT collector is dealing with threat personnel who may have been attempting to kill US personnel just minutes before questioning and the fact that the source is in a vulnerable state, leads to a tendency to use fear-up techniques. This may, in some circumstances, be the proper approach; however, the HUMINT collector must ensure that in doing so he neither loses control of his own emotions nor uses physical or mental coercion.
APPROACH STRATEGIES FOR DEBRIEFING
8-82. Sources who are debriefed vary even more widely than those who are interrogated. Since debriefing is the systematic questioning of individuals not in the custody of the questioning forces, the HUMINT collector needs to engender an atmosphere of cooperation and mutual benefit. Some sources for debriefing include members of the friendly forces and local personnel. HUMINT collectors often believe that approach techniques are not· required for friendly forces and that friendly forces should view debriefing as part of their duties and in their own best interest. However, this is not necessarily the case.
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FM 2-22.3 _
8-83. Many people see debriefing as an interruption in their normal duties and a waste of their time. HUMINT collectors must be sure to stay focused on the purpose and goals of the debriefing. They should be businesslike and must maintain the proper relationship with the source based on his rank and position. The HUMINT collector should allow senior sources more latitude to interpose their opinions and evaluations. A change of scene often facilitates the debriefing of a high-level source since it removes him from his normal distractions, such as the telephone, and allows him to concentrate on the topics being discussed.
8-84. Refugees and DPs are subject to many of the same anxieties and trauma that are experienced by EPWs or other detainees, with the added benefit to the HUMINT collector that they normally have an obvious vested interest in cooperating. Basic incentives usually are sufficient to induce their willing cooperation. The emotional support that can be provided by the HUMINT collector by simply listening and commiserating with their hardship is often sufficient to gain cooperation. The emotional approaches such as love of family and hate toward those who made them refugees are strong motivators toward cooperation.
8-85. The approach techniques used in the questioning of local civilians are probably the most difficult. The approach techniques chosen must take into consideration the attitude of the local population toward the US and its presence and cultural considerations. The local population must see their cooperation as self-beneficial.
APPROACH STRATEGIES FOR ELICITATION
8-86. Elicitation is a sophisticated technique used when conventional collection techniques cannot be used effectively. Of all the collection methods, this one is the least obvious. However, it is important to note that elicitation is a planned, systematic process that requires careful preparation. It is always applied with a specific purpose in mind. This objective is the key factor in determining the subject (which source to question), the elicitor, and the setting. The subject will be selected based on access to or knowledge of the desired information.
8-87. Before approaching the subject, it is necessary to review all available intelligence files and records, personality dossiers, and knowledge possessed by others who have previously dealt with the subject. This will help determine the subject's background, motivation, emotions, and psychological nature. It also may require unobtrusive observation of the subject to establish such things as patterns of activity and likes and dislikes. The setting can be any number of social or official areas. It is important to note that the source should be approached in his natural surroundings, as this will diminish suspicion.
8-88. The key to elicitation is the establishment of a rapport between the elicitor and the source, normally based on shared interests. In the initial stages of an elicitation, the collector confines his conversations to innocuous subjects such as sports and social commentary. Dependent on the value of the source, the collection environment, and the security consciousness of the
6 September 2006
source the initial stage could last from a few minutes to numerous seemingly accidental meetings over a period of weeks or months. The HUMINT collector will gradually shift the conversation to topics of collection interest but will be prepared to return to more unthreatening topics based on negative reactions on the part of the subject. Once a topic of interest has been introduced, the HUMINT collector keeps the conversation going by asking for clarification (for example, "I agree, however, what did you mean by….?") or expressing a hypothetical situation.
8-89. There are two· basic elicitation approaches: mild flattery and provocation.
•
Mild Flattery: Most people like talking about their interests and like talking to those who are knowledgeable and interested in the same topics. People also like to speak to someone who values their opinion on shared interests. The HUMINT collector takes advantage of this. The HUMINT collector leads the conversation into areas that he wishes to collect but does it in such a way that it appears to the source that the source is leading the conversation. Above all in elicitation, the HUMINT collector plays the role of the rapt, attentive, and inquisitive listener.

•
Provocation: This is a more dangerous approach and, if used too early in an operation, can alienate the source. Once the HUMINT collector has established shared interests with the source, he can selectively challenge some of the source's statements, encouraging the source to provide more information in support of his view. The HUMINT collector can also insert bits of actual information into the conversation to cause the source to confirm and expound on the topic. Care must be taken so as not to give away more information than is gained.

TERMINATION PHASE
8-90. When it is necessary or prudent, the HUMINT collector will terminate the questioning of a particular source. Whatever the reason for terminating, the HUMINT collector must remember there is a possibility that someone may want to question the source at a later date. There are many reasons why a HUMINT collector may want or need to terminate questioning:
•
The source remains uncooperative during the approach phase.

•
The collection objective cannot be met in one questioning session.

•
The HUMINT collector fails to maintain rapport and loses control of the questioning.

•
The collection objectives have been satisfied.

•
The HUMINT collector or the source becomes physically or mentally unable to continue.

•
Information possessed by the source is of such value that his immediate evacuation to the next echelon is required.

•
The HUMINT collector's presence is required elsewhere.

8-91. There are many ways to conduct a termination, but the following points must be conveyed to the source:
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FM 2-22.3 _
•
The HUMINT collector should sincerely and convincingly reinforce successful approaches. All promised incentives should be rendered.

•
The source must be told the information he gave will be checked for truthfulness and accuracy. His reaction to this statement should be closely monitored. The exact form of this statement will be dependent on the situation. It should not be done in a manner to alienate a cooperative source.

•
The source must be told that the same or another individual may speak to him again. This sets the stage for future contacts.

• Any identification must be returned to the source. If the HUMINT collector has other documents or belongings of the detainee (such as letters or photographs), he will either return them to the detainee, if appropriate, or will turn them over to the MP guard. Depending on the circumstances and the legal status of the detainee, the MPs will retain the detainee's property and return the property to him at the end of his internment.
• In a debriefing, the HUMINT collector will normally ask the source not to discuss the subject of the questioning for his own protection. In interrogation operations, the HUMINT collector normally coordinates with the holding area guards to have the detainees who have been interrogated kept separate from sources who have not yet been interrogated if the situation allows.
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FM 2-22.3
Chapter 9
Questioning
9-1. Questioning is one of the five phases of HUMINT collection. Developing and using good questioning techniques enable the HUMINT collector to obtain accurate and pertinent information and to extract the maximum amount of information in the minimum amount of time. The HUMINT collector must know when to use different types of questions.
GENERAL QUESTIONING PRINCIPLES
9-2. Questions should be presented in a logical sequence to avoid neglecting significant topics. The HUMINT collector begins the questioning phase with the first topic in the sequence he tentatively established as part of his questioning plan. He obtains all of the source's pertinent knowledge in this topical area before moving on to the next topic in his sequence. The only exception is exploiting a hot lead, which is discussed in paragraph 9-21.
9-3. The HUMINT collector must at all times remember that his mission is the rapid collection and dissemination of accurate information. He must not allow himself to be sidetracked into nonpertinent discussions or debates nor should he express distaste or value judgments on the information being supplied unless that is a planned part of his approach technique. The HUMINT collector uses vocabulary that is clear, unambiguous, and understandable by the source. The source may not be on the same intellectual level or have the same degree of education as the HUMINT collector, so the HUMINT collector must adapt his questioning to the level of the source. The source may also have specific technical knowledge, more education and/or a higher intellectual level than the HUMINT collector. In this case, the HUMINT collector normally relies on prepared questions or technical support for his questioning. Without good systematic questioning techniques, even the most cooperative source may provide only minimal usable information.
DIRECT QUESTIONS
9-4. Direct questions are basic questions normally beginning with an interrogative (who, what, where, when, how, or why) and requiring a narrative answer. They are brief, precise, and simply worded to avoid confusion. The HUMINT collector must consider the probable response of the source to a particular question or line of questioning and should not, if at all possible, ask direct questions likely to evoke a refusal to answer or to antagonize the source. .
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FM 2-22.3 _
TYPES OF DIRECT QUESTIONS
9-5. The HUMINT collector must be able to use the following types of direct questions:
•
Initial, topical.

•
Follow-up.

•
Nonpertinent.

•
Repeat.

•
Control.

•
Prepared.

Initial Questions
9-6. The HUMINT collector begins his questioning with the first topic in his collection plan and asks all the basic questions necessary to cover the topic. The answers to the basic questions will determine the requirements for follow-up questioning. The initial questions are directed toward obtaining the basic information on the topic. In other words, they are the "who, what, where, when, how, and why" of each topic.
Follow-up Questions
9-7. Follow-up questions are used to expand on and complete the information obtained from the initial questions. Often even if the initial question is a well-constructed direct question, it will elicit only a partial answer. For example, when asked, "Who is going to attack?" The source might say, "My unit." Follow-up questions are used to determine precisely what the source means by "my unit" and what other units may also attack. The answer to follow-up questions may lead to more follow-ups until the source's knowledge on a given topic is exhausted. At a minimum, upon receiving a positive answer to an initial question, the HUMINT collector needs to ask "Who (what, where, when, why, how) else?" For example, if the HUMINT collector asks the source, "Who, in the local government is collaborating with the insurgents?" and is told a name in response, he will ask follow-up questions to determine all the required information about this individual and then will ask, "Who else, in the local government is collaborating with the insurgents?" This will continue until the source's knowledge in this area is exhausted.
Nonpertinent Questions
9-8. Nonpertinent questions are questions that do not pertain to the collection objectives. They are used to conceal the collection objectives or to strengthen rapport with the source. They are essential when the collector is using the elicitation technique. Nonpertinent questions may be used to gain time for the HUMINT collector to formulate pertinent questions and may also be used to break the source's concentration, particularly, if the HUMINT collector suspects the source is lying. It is hard for a source to be a convincing liar if his concentration is frequently interrupted.
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Repeat Questions
9-9. Repeat questions ask the source for the same information obtained in response to earlier questions. They are a method to confirm accuracy of important details such as place names, dates, and component parts of technical equipment and to test truthfulness. Repeat questions should not be exact repetitions of an earlier question. The HUMINT collector must rephrase or otherwise disguise the previous question. The repeat question also needs to be separated in time from the original question so that the source cannot easily remember what he said. Repeat questions may also be used to develop a topic the source had refused to talk about earlier.
Control Questions
9-10. Control questions are developed from recently confirmed information from other sources that is not likely to have changed. They are used to check the truthfulness of the source's responses and should be mixed in with other questions throughout the questioning. If a source fails to answer a control question as expected, it may be an indicator that he is lying. However, there are other possible explanations. The source
•
Could have misunderstood the question.

•
Could be making up information in order to please the questioner and/or receive a promised incentive.

•
Could have answered the question truthfully to the best of his ability, but his information could be wrong or outdated.

•
May be correct and the information that the control question was based on is no longer true.

9-11. It is the responsibility of the HUMINT collector to determine, through follow-up questions, which of the possibilities is the case. The HUMINT collector should also consult with the HAT for assistance in verifying the source reporting through all-source analysis.
Prepared Questions
9-12. Prepared questions are questions developed by the HUMINT collector, normally in writing, prior to the questioning. Prepared questions are used primarily when dealing with information of a technical nature or specific topic, which requires the HUMINT collector to formulate precise and detailed questions beforehand. The HUMINT collector may have to research analytical or technical material or contact SMEs to assist him in preparing questions. HUMINT collectors must not allow the use of prepared questions or any limitations to their education or training to restrict the scope and flexibility of their questioning. In many instances, the HUMINT collector should have an analyst or technical expert "sit in" on the questioning as well.
9-13. The HUMINT collector must be able to use the different types of questions effectively. Active listening and maximum eye-to-eye contact with the source will provide excellent indicators for when to use follow-up, repeat, control, and nonpertinent questions. The HUMINT collector must use direct and follow-up questions to fully exploit subjects pertinent to his interrogation objectives. He should periodically include control, repeat, and nonpertinent
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FM 2-22.3 _
questions in order to check the truthfulness and consistency of the source's responses and to strengthen rapport.
TYPES OF QUESTIONS TO AVOID
9-14. When using the questioning methodologies of interrogation, HUMINT collectors should avoid using negative, compound, or vague questions. Leading questions are usually to be avoided, but some special questioning techniques, such as use of a polygraph, require the use of leading questions.
Leading Questions 9-15. Leading questions are questions that are constructed so as to require a yes or no answer rather than a narrative response. They generally begin with a form of the verb "to be" (such as "is," "was," "were," "will," "are"). For example, "Is the mayor working with the insurgents?" Leading questions should generally be avoided for the following reasons:
•
They make it easier for the source to lie since the source only provides minimal information.

•
It takes longer to acquire information.

• A source, particularly one that is frightened or trying to get an incentive, will tend to answer in the way that he thinks the HUMINT collector wants him to answer.
9-16. Although normally avoided during questioning, an experienced HUMINT collector may use leading questions when the technical nature of the subject matter or the specific information needed leaves no alternatives. Leading questions can be used to-
• Verify specific facts.
•
Pinpoint map locations.

•
Confirm information obtained during map tracking.

•
Transition from one topic area to another.

Negative Questions
9-17. Negative questions are questions that contain a negative word in the
question itself such as, "Didn't you go to the pick-up point?" If the source
says "yes," the HUMINT collector is faced with the question of whether he
means "yes, I went to the pick-up point" or "yes, I didn't go to the pick-up
point." When the source answers, the HUMINT collector cannot be sure
what the answer means; therefore, he must ask additional questions. This
can be particularly confusing when working with an interpreter. Other
cultures may interpret a negative question in a way other than what the
HUMINT collector meant. Negative questions should never be used during
questioning unless they are being used deliberately during the approach to
make the source appear to contradict himself. In other instances, the
insertion of negative words within the question makes them impossibly open
ended. For example, "Who didn't attend the meeting?"
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Compound Questions
9-18. Compound questions consist of two questions asked at the same time; for example, "Before you were captured today, were you traveling north or south?" Or "Where were you going after work and who were you to meet there?" They are easily misunderstood and may confuse the source or force him to give an ambiguous answer. Compound questions allow the source to evade a part of the question or to give an incomplete answer.
Vague Questions
9-19. Vague questions do not have enough information for the source to understand exactly what the HUMINT collector is asking. They may be incomplete, general, or otherwise nonspecific and create doubt in the source's mind. Vague questions confuse the source, waste time, and are easily evaded. They result in answers that may confuse or mislead the HUMINT collector and require further follow-up questions.
ELICITATION
9-20. Elicitation is the gaining of information through direct interaction with a human source where the source is not aware of the specific purpose for the conversation. Elicitation is a sophisticated technique used when conventional questioning techniques cannot be used effectively. Of all the collection methods, this one is the least obvious. However, it is important to note that elicitation is a planned, systematic process that requires careful preparation. Elicitation is always applied with a specific objective in mind and normally directed toward a specific source.
LEADS
9-20. A lead is a statement made by a source spontaneously or in response to questioning that leads the questioner to believe that the source has information on a topic other than the one currently under discussion. Documents captured with or on the source may also be exploited as sources of leads. Leads are referred to as either ''hot'' or "cold."
HOTLEADS
9-21. A hot lead is a statement made by a source either spontaneously or in response to questioning that indicates he has information that could answer intelligence requirements on a topic other than the one currently under discussion. The lead could also be on a topic that although not listed as a requirement is, based on the HUMINT collector's experience, of critical importance. Information on WMD and information on US personnel being held by threat forces are normally considered hot leads even if not listed as requirements. The HUMINT collector will normally question the source immediately on a hot lead, unless he is already asking questions on another topic. In this case, he completes questioning and reports the information on the priority topic, as appropriate, and then immediately questions on the hot lead. As soon as the HUMINT collector is sure he has obtained and recorded all the details known to the source, he reports the hot lead information by the
6 September 2006
FM 2-22.3 _
most expedient means. available, normally in SALUTE report format. The HUMINT collector then resumes his questioning of the source at the point where the hot lead was obtained.
COLD LEADS 9-22. A cold lead is a statement made by a source either spontaneously or in response to questioning that indicates he has information on a topic of interest other than the one currently under discussion but that would not answer PIRs. The HUMINT collector makes note of the cold lead and exploits it after the planned questioning objectives have been satisfied or at the appropriate time during the questioning sequence.
DETECTING DECEIT
9-23. HUMINT information often has the capability to be more accurate and reliable than other disciplines. SIGINT information, for example, is not always able to return to the original source of the information to determine the reliability of the information, and interpretation of IMINT information may be uncertain. However, while HUMINT can be reviewed for reliability, determining the reliability of human sources is a continuous process accomplished by carefully assessing not only the sources of information but also assessing the information itself.
9-24. Detection of deception is not a simple process, and it normally takes years of experience before a HUMINT collector can readily identify deliberate deceit. Inconsistencies in the source's actions or words do not necessarily indicate a lie, just as consistency is not necessarily a guarantee of the truth. However, a pattern of inconsistencies or unexplainable inconsistencies normally indicate deceit.
TECHNIQUES FOR IDENTIFYING DECEIT
9-25. Techniques for identifying deceit include but are not limited to the following:
•
Repeat and control questions (see paras 9-9 and 9-10).

•
Internal inconsistencies. Frequently when a source is lying, the HUMINT collector will be able to identify inconsistencies in the timeline, the circumstances surrounding key events, or other areas within the questioning. For example, the source may spend a long time explaining something that took a short time to happen, or a short time telling of an event that took a relatively long time to happen. These internal inconsistencies often indicate deception.

•
Body language does not match verbal message. An extreme example of this would be the source relating a harrowing experience while sitting back in a relaxed position. The HUMINT collector must be careful in using this clue since body language is culturally dependent. Failing to make eye ·contact in the US is considered a sign of deceit while in some Asian countries it is considered polite.

•
Knowledge does not match duty position or access. Based on the source's job, duty position, or access the HUMINT collector should have

6 September 2006
developed a basic idea of the type and degree of information that an individual source should know. When the source's answers show that he does not have the expected level of information (too much or too little or different information than expected), this may be an indicator of deceit. The HUMINT collector needs to determine the source of unexpected information.
•
Information is self-serving. Reporting of information that is selfserving to an individual or his group should be suspect. For example, a member of one ethnic group reporting generic atrocities by an opposing ethnic group or a source reporting exactly the right information needed to receive a promised incentive should be suspect. That is not to say that the information is necessarily false, just that the HUMINT collector needs to be sure to verify the information.

•
Lack of extraneous detail. Often false information will lack the detail of truthful information, especially when the lie is spontaneous. The HUMINT collector needs to ask follow-up questions to obtain the detail. When the source is unable to provide the details that they should know, it is an indicator of deceit. Ifthe source does provide this additional information, it needs to be checked for internal inconsistencies and verified by repeat questions.

•
Repeated answers with exact wording and details. Often if a source plans on lying about a topic, he will memorize what he is going to say. If the source always relates an incident using exactly the same wording or answers repeat questions identically (word for word) to the original question, it may be an indicator of deceit. In an extreme case, if the source is interrupted in the middle of a statement on a given topic, he will have to start at the beginning in order to "get his story straight."

•
Source appearance does not match story. If the source's physical appearance does not match his story, it may be an indication of deceit. Examples of this include the source who says he is a farmer but lacks calluses on his hands or the supposed private who has a tailored uniform.

•
Source's language usage does not match story. Ifthe type of language, including sentence structure and vocabulary, does not match the source's story, this may be an indicator of deceit. Examples of this include a farmer using university level language or a civilian using military slang.

•
Lack of technical vocabulary. Every occupation has its own jargon and technical vocabulary. If the source does not use the proper technical vocabulary to match his story, this may be an indictor of deceit. The HUMINT collector may require the support of an analyst or technical expert to identify this type of deceit.

•
Physical cues. The source may display physical signs of nervousness such as sweating or nervous movement. These signs may be indicators of deceit. The fact that an individual is being questioned may in itself be cause for some individuals to display nervousness. The HUMINT collector must be able to distinguish between this type of activity and nervous activity related to a particular topic. Physical reaction to a

6 September 2006
FM 2-22.3      _
particular topic may simply indicate a strong emotional response
rather than lying, but it should key the HUMINTcollector to look for
other indicators of deceit.
•      Failure to answer the question asked. When a source wishes to evade a topic, he will often provide an answer that is evasive and not in response to the question asked. For example, if the source is asked, "Are you a member of the insurgent organization?" and he replies, "I support the opposition party in the legislature," he has truthfully answered a question, but not the question that was asked. This is a subtle form of deceit since the source is seemingly cooperative but is in fact evading providing complete answers.
ACTIONS UPON IDENTIFYING INDICATORS OF DECEIT
9-26. The exact actions by the HUMINT collector when identifying possible deceit are dependent on the type of collection, the circumstances of the collection, the specific sign of deceit observed, the type of approach used, and cultural factors. The HUMINT collector may
•
Question the topic in more detail looking for additional indicators.

•
Reinforce the approach.

•
Move to another topic and revisit the original topic later with repeat questions. Ask control questions (confirmed by known data) and questions to which the source should know the answer to see if he answers honestly.

•
Point out the inconsistency to the source and ask for an explanation.

•
Seek assistance from a more experienced HUMINT collector, analyst, or a technical expert on the culture or the topic being questioned.

•
Conduct continuous assessments of source (see FM 34-5 (S//NF».

•
Research established databases.

•
Ask yourself if the information makes sense; if not, conduct more research.

•
Consider how the information was obtained.

•
Compare the information provided to the source's placement and access.

•
Compare answers with other sources with similar placement and access. Be aware that this method is merely a rough tool to check veracity and should not be used by the collector to confirm intelligence.

•
Use the polygraph.

•
Consider that a source motivated primarily by money will likely be tempted to fabricate information in order to get paid.

•
Be aware that a source may read the local newspaper to report information that is already known or may also be providing information to another agency.

9-27. The one thing that the HUMINT collector cannot do is to ignore signs of deceit.
6 September 2006
HUMINT COLLECTION AIDS
9-28. There are numerous procedural and recording aids that can assist the HUMINT collector in conducting rapid, accurate, yet systematic questioning. They include
•
HUMINT Collector's Guide. This guide is a pamphlet or notebook designed to guide the HUMINT collector through the questioning. The HUMINT team leader should ensure that team members prepare a HUMINT collector's guide, which could be included in the unit's SOP. The guide is made based on the AO and supported command intelligence requirements. The HUMINT collector and available intelligence analysts should jointly prepare the guide. Appendix G provides the basic topics and example questions that can be adapted to construct a HUMINT collector's guide. The guide must be updated for each interrogation as part of planning and preparation. The guide should contain information such as

•
Intelligence requirements and ISR tasks.

•
Topical questioning sequence format.

•
Actual prepared questions to be used during questioning.

•
Guidelines for employing the various approach techniques.

•
Formats or samples of completed reports used by HUMINT collectors.

•
Time Event Chart. A timeline, or event chart, is a graphic display upon which the HUMINT collector enters chronological information as it is collected. This facilitates the HUMINT collector in understanding and organizing the collected information. It also enables the HUMINT collector to identify gaps in information, to sequence events properly to facilitate follow-up questions, and to identify deception. The HUMINT collector can develop a basic timeline prior to questioning. The source should not be able to observe the timeline since doing so will help a deceptive source "keep his story straight." See Chapter 12 for how to create and use a time event chart.

•
Organizational Chart. An organizational chart is a graphic representation of an organization. It is the equivalent of a military line-and-block chart. This is used to facilitate the questioning of organizations and in establishing their hierarchical and lateral linkages. A basic chart can be developed prior to the questioning based on the expected organizational questioning.

RECORDING TECHNIQUES
9-29. Accuracy and completeness are vital principles to reporting. However, it is usually not possible to completely record all information in a questioning session. Recording techniques may involve memory, handwritten or typed notes, tape recordings, and video recordings. Each has its advantage and corresponding disadvantage.
•   Memory: Relying on one's memory has certain advantages. It does not require any equipment or extra time, and is the least intrusive method of recording information. It allows maximum interaction with the source and projects sincerity. An individual can train himself to
6 September 2006      g-g
FM 2-22.3      _
remember highly detailed information. Often in elicitation, memory is the only viable recording method. However, in general, using the memory exclusively to record information is the most inaccurate methodology. Particularly in a long questioning session, details are forgotten and information tends to be generalized.
•
Handwritten notes: Handwritten notes require minimal equipment (a pad and pencil), are not intimidating to most sources, and can be as detailed as the HUMINT collector desires. If an analyst or second interrogator is present, he should also take notes. This second set of notes can aid in report writing. The interrogator should not rely solely on an analyst's notes unless absolutely necessary. However, writing notes while questioning an individual often interferes with the rapport between the collector and the source. The collector loses eye contact and can easily miss subtle body language that might indicate lying. Detailed note taking can be extremely time consuming and many sources will, over time, begin to limit their responses so they do not have to repeat information or wait for the collector to write it down. It is somewhat intrusive and inhibiting to the source and is totally inappropriate in certain situations such as liaison and most casual source contacts. Handwritten notes can also be inaccurate, have limited details, and can be hard to read after the fact.

•
Computer notes: With the proliferation of computer equipment, particularly laptops and handheld devices, note taking on computers is increasingly commonplace. A computer can provide access to databased information that may support questioning such as foreign language dictionaries or technical support manuals, either through the Internet (if connected) or on its harddrive. Ifthe computer is linked to a communications system, it also allows the HUMINT collector to transmit data, including SALUTE reports, during the course of the questioning. Notes taken on a computer, however, have many of the same disadvantages as handwritten notes. In addition, computer notetaking requires more equipment and technological support and access to either electricity or a plentiful supply of batteries. Computers may be intimidating to some sources and the fact that what the source says is being entered into a computer may cause the source to alter the information he is providing. Computers tend to isolate the collector from the source by dividing the collector's attention between the computer and the source, and again may cause the collector to miss critical body language clues. Finally, the computer is even more inappropriate to casual and controlled source operations than are handwritten notes.

• Audiotapes:      If recording equipment is discrete and functioning properly, audiotapes can be extremely accurate. Use of tapes also allows the HUMINT collector to place his entire attention on the source. This not only enhances rapport but also allows the HUMINT collector to observe the source's body language. Taping a questioning session, if done overtly though, tends to be extremely inhibiting to the source and may seriously curtail the information obtained. Surreptitious taping can be illegal in some situations and dangerous in some situations as well. Consult your legal advisor to determine if
9·10      6 September 2006
taping is legal. Taped information can also be seriously affected by ambient noise and the relative positioning of the source and collector to the microphone. Writing a report based on a taped session can be extremely time consuming, since it takes as long to listen to a tape as it took to record it. This drawback can be reduced somewhat through the use of voice activated recording devices. Exclusive dependence on audiotapes tends to make the collector less attentive and more likely to miss follow-up questions. Also, if the tape is lost or damaged or does not function properly, the collector has no backup.
•   Video recording: Video recording is possibly the most accurate method of recording a questioning session since it records not only the voices but also can be examined for details of body language and source and collector interaction. It is also the most resource intensive requiring proper lighting, cameras, viewing equipment, and possibly trained operators. If done overtly, video recording can be by far the most inhibiting to the source. Even ifthe source is willing to be videotaped, there is a tendency for both the source and the collector to "play to the camera," creating an artificiality to the questioning. Consult your legal advisor to determine the legality of overt or covert videotaping.
QUESTIONING WITH AN ANALYST OR A TECHNICAL EXPERT
9-30. The HUMINT collector may often find himself in the position where he needs to use an analyst or a technical expert, or both, in order to conduct questioning. Many of the techniques involved in using an analyst or technical expert are the same as those with using an interpreter (see Chapter 11). The HUMINT collector must pre-brief these supporting personnel. The degree to which the analyst or technical expert is involved in the actual questioning is dependent on the established relationship between the analyst or technical expert and the HUMINT collector. The HUMINT collector will always remain in charge of the questioning, be present throughout the questioning, and ensure that the questioning follows his questioning plan. He must ensure that the supporting analyst or technical expert has the proper security clearance.
9-31. An analyst or technical expert can participate in the questioning to various degrees listed below from least intrusive to most intrusive. As the degree of participation by the analyst or technical expert increases, the technical fidelity of the information collected usually increases but the rapport between the HUMINT collector and the source decreases as does the HUMINT collector's ability to control the content and judge the truthfulness of the information. The analyst or technical expert may provide
• Advice Only:      The HUMINT collector does the questioning. The expert provides information prior to the meeting and may review the collected information after the meeting. The technical expert is not present at the actual questioning.
•   Remote Support:    The HUMINT collector does the questioning. In addition to the above, the expert monitors the questioning and provides input to the HUMINT collector after the questioning as required. Based on the technological support, this can involve the expert sitting in on, but not participating in the questioning (which
9-116 September 2006
FM 2.22.3__—————————
may make the source uncomfortable), or the expert viewing and
listening to the questioning through a remote video and sound hook
up.
•
Local Support: The HUMINT collector does the questioning. The expert sits in on the questioning and provides input to the HUMINT collector during the course of the questioning. This can break both the source's and the HUMINT collector's trains of thought and confuse the lines of control in the questioning.

•
Expert Participation: The HUMINT collector initiates the questioning, but the expert participates throughout the questioning, asking for clarification and additional information as required. Unless properly trained, the expert can seriously taint the quality of the information through the use of poor questioning techniques. The HUMINT collector can lose rapport and control.

•
Trained Expert Questioning: In rare instances, with particularly difficult technical topics or those areas of questioning that require a high degree of technical expertise, it may be easier to train the expert in basic questioning techniques than it is to train the HUMINT collector on the technical topic. In this instance, the HUMINT collector sits in on the questioning to ensure proper procedures and techniques are used and to advise the technical expert. The technical expert does most of the questioning.

9-32. In any case, if the source is to receive compensation for his time, it must come from the HUMINT collector, not the analyst or technical expert. This continues to reinforce that the HUMINT collector is in charge, and does not transfer the source's trust to the expert.
THIRD-PARTY OFFICIAL AND HEARSAY INFORMATION
9-33. The source may have information that he did not observe firsthand. While this information is not as reliable as firsthand knowledge, it is often significant enough to report. The HUMINT collector must be careful to identify this information as to its origin, type, and the time and manner that the information was obtained by the source. This information will be entered into the report as a source comment or a collector comment. This will include
•
The origin of the information. This may be the name, rank, and duty position or job of an individual or may be an official or unofficial document such as an OPORD, official memorandum, or party newspaper.

•
The complete organization to which the person who provided the information belongs or the identity of the organization that produced the official or unofficial document from which the source obtained the information.

•
Date-time group (DTG) when the source obtained the information.

•
The circumstances under which the source obtained the information.

9-34. Comparing the details of the hearsay information, such as DTG, where the information was obtained and the circumstances under which the source
6 September 2006
claimed to have received it, to the source's known activities, may provide indications of truthfulness or deception on the part of the source.
CONDUCTING MAP TRACKING
9-35. Map tracking is a specific questioning skill that the HUMINT collector uses in all operations. It is a vital skill in supporting targeting and operational planning. Map tracking identifies and verifies key information by tracking the source's movement and activities within a specific area over a fixed period using a map or similar graphic aid. The area and the time involved are dependent on the collection requirements and the source's knowledge level. Map tracking can occur at any point in the questioning process. Normally, the HUMINT collector begins map tracking as soon as his questioning identifies a priority disposition or activity that the source's information can locate on the map.
9-36. Map-tracking techniques, if properly applied, can extract information from friendly, neutral, or threat sources and can be used with individuals ranging from those with detailed map skills to illiterates, and those who have never seen a map. Through map tracking, the HUMINT collector pinpoints locations of any threat activity, threat dispositions, or any other priority terrain-related information, such as trafficability, known to the source.
9-37. The HUMINT collector will determine these locations with the degree of fidelity needed to support operational requirements. The degree of detail needed may range from an 8-digit grid coordinate for unit locations to locations of specific buildings, rooms, or even items within a room. The HUMINT collector uses a variety of map-tracking aids including standard military maps, aerial photographs, commercial imagery, building blueprints and diagrams, and commercial road maps. Some advantages to map-tracking techniques include
•
The source is led through his memory in a logical manner.

•
Discrepancies in the source's statements are easier to detect.

•
Locations are identified to support targeting and battlefield visualization.

•
Map tracking is a four-step process:

•
Step 1: Determine the source's map-reading skills.

•
Step 2: Establish and exploit common points of reference (CPRs).

•
Step 3: Establish routes of travel.

•
Step 4: Identify and exploit key dispositions.

DETERMINE THE SOURCE'S MAP-READING SKILLS
9-38. The first step in the map-tracking process is to determine the specific map-reading skills of the source. This step only occurs the first time that the HUMINT collector map tracks a particular source. This information will determine what methodology will be used for the rest of the process. In this step the HUMINT collector is determining existing skills; he should not attempt to teach the source additional map skills at this time. The HUMINT collector can use prior knowledge, such as the fact that the source is illiterate or cannot read a map, to skip some of the specific parts of the process. Below
6 September 2006 9-13
FM 2.22.3 _
is a detailed description of the process to establish the map-reading skills of the source.
•
The HUMINT collector asks the source if he can read the map being used. If the source answers in the affirmative, the HUMINT collector asks some key questions to verify this.

•
If the source cannot read the map being used, the HUMINT collector determines if the source can read another type of available map or graphic representation. For example, a source may not be able to read a military map but might be able to use a commercial map or an imagery product.

•
The HUMINT collector then establishes the method that will be used to describe movement (direction and distance) on the map. Ifthe source knows how to use compass directions, that may be the most expedient method for determining direction. Again, the HUMINT collector must verify that the source knows how to use compass directions. This can be done best by having the source tell the compass directions between known points. Distance is normally determined by using the standard units of measurement with which the source is familiar, such as kilometers or miles. This can cause some problems, for example, if the map is measured in kilometers and the source normally expresses distance in miles. The HUMINT collector must make the adjustment rather than trying to teach the source the unfamiliar system.

•
Compass directions and standard units of measure are not the only method or necessarily even the best method of indicating direction and distance in all circumstances. When using an urban map, direction and distance can often be described by indicating blocks traveled and turns made (right or left) at intersections. Direction of travel can be indicated in reference to key features such as going toward the downtown area or moving toward the river. When describing the interior of a building, references may be to upstairs, downstairs, floor number, or other descriptive terms. When map tracking in rural areas, especially when questioning someone who does not know how to use compass directions, terrain association is normally the best method of establishing direction of travel and distance. Questions such as "Were you traveling uphill at that time?" ''What prominent terrain features could you see from that location?" ''What was the nearest town?" or "Was the sun behind you?" help to identify locations on the map. The HUMINT collector should allow the source to use his own frames of reference. However, the HUMINT collector must ensure he understands the source.

ESTABLISH AND EXPLOIT COMMON POINTS OF REFERENCE
9-39. The second step of map tracking is to establish CPRs. It is important in accurate map tracking to talk the source through his past activities in the sequence in which they occurred and his movements in the direction in which they were traveled. Attempting to track a source backward in time and space is time consuming, inaccurate, and is often confusing to both the source and the HUMINT collector. Future activities should be tracked in the direction in
9·14      6 September 2006
which they are planned to occur. The HUMINT collector will normally establish various CPRs throughout the questioning of the source.
9-40. For certain sources such as friendly forces, tasked sources, or other instances where the starting and ending points of the mission being questioned are easily established, the first point of reference is normally where that source began the mission. For other sources such as detainees, line crossers, informers, and refugees, it is often more difficult to establish a "starting point." In these instances the HUMINT collector uses a sequential approach to the map tracking. He establishes a point of reference that is a logical end point for the subject being discussed. This may be, for example, the point of capture for a detainee, the point where a line crosser entered the friendly force area, or where a refugee left the area of intelligence interest. Second and subsequent points of reference are established during questioning when the source mentions a disposition, activity, or location of interest that can be located on the map. The HUMINT collector locates the reference point on the map through direct questioning and terrain association. He uses leading questions as necessary to establish an exact location. He then establishes the route of travel.
ESTABLISH ROUTES OF TRAVEL
9-41. Once the CPR is established, the HUMINT collector questions the source until he has extracted all pertinent information on the CPR and its immediate surroundings. For past missions and activities, the HUMINT collector then establishes the route the source traveled between the newly established CPR and a previously established CPR and exploits the route. For future missions or activities, the route is established from the previously established CPR toward the future mission CPR.
9-42. The HUMINT collector should establish the route traveled by determining the source's direction and physical description of the route of travel. The description should include details such as surface on which the source traveled and prominent terrain features along the route of travel and the distance the source traveled or, in the case of future locations, would travel. The HUMINT collector should also identify any pertinent dispositions or any activities of military significance, belonging to the opposition forces, along or in the vicinity of the route of travel. For longer routes, the HUMINT collector may divide the route into segments for ease of questioning.
IDENTIFY AND EXPLOIT KEY DISPOSITIONS
9-43. The HUMINT collector must obtain the exact location and description of every pertinent disposition known to the source. This includes the locations established as CPRs and any other pertinent disposition established during map tracking. At a minimum, the collector should
•      Establish a physical description of the disposition. The degree of fidelity will depend on the collection requirements. This may be as detailed as the physical layout of a room to the general description of a training area. This will include security measures and modus operandi at the location as appropriate.
9-15
6 September 2006
FM 2-22.3      ———_–
•
Identify and describe the significance of the disposition in terms of ongoing and future threat operations.

•
Identify and describe key activities, equipment, or organizations at the location, as well as people and leaders.

•
Identify and describe all pertinent collocated activities, locations, or organizations, as well as people and leaders.

•
Identify the basis (hearsay or personal experience) and DTG of the source's knowledge of each disposition.

SPECIAL SOURCE CATEGORIES 9-44. Questioning of every source is unique and requires specific preparation. Special consideration and preparation must be made for some specific categories of sources. Some examples of special source categories include but are not limited to wounded or injured sources or illiterates.
WOUNDED OR INJURED SOURCES
9-45. HUMINT collectors may question (interrogate, debrief, or elicit information from) a wounded or injured source provided that they obtain certification from a competent medical authority that the questioning will not delay or hinder medical treatment or cause a worsening of the condition of the source. The HUMINT collector can question the source before, after, or during medical treatment. The HUMINT collector cannot at any time represent himself as being a doctor or any other type of medical personnel or member of the ICRe. Nor can he state, imply, or otherwise give the impression that any type of medical treatment is conditional on the source's cooperation in answering questions.
ILLITERATES
9-46. HUMINT collectors should never make the mistake of equating illiteracy with a lack of intelligence or an inability to provide meaningful information. In fact, many illiterates have developed extremely good memories to compensate for their inability to rely on the written word. An illiterate's frame of reference does not include street signs, mile markers, and calendars. It also will probably not include conventional time and distance measurements. The HUMINT collector must compensate for these differences. Map tracking, for example, must normally be accomplished by terrain association. If the source cannot tell time, time of day can be determined by the position of the sun.
6 September 2006
FM 2-22.3
Chapter 10
Reporting
10-1. Reporting is the final and in many cases the most vital phase in HUMINT collection. Ifthe collected information is not reported accurately, in a timely manner, in the proper format, and to the correct recipient, it cannot become part of the all-source intelligence product or tip in time to affect operational decisions. Information that would support targeting must be reported by the fastest means possible.
REPORTING PRINCIPLES
10-2. The HUMINT collector must be able, in a written report, to convey to
the user the information obtained from a source. Therefore, the following
principles of good report writing are to be followed:
•
Accuracy. Accurately reflect the information obtained from the source. Reporter comments and conclusions must be clearly identified as such.

•
Brevity. Report all relevant information; however, the report should be brief, to the point, and avoid unnecessary words.

•
Clarity. Use simple sentences and understandable language. Proper grammar and punctuation are a must. Another team member, if possible, should read the reports to ensure clarity.

•
Coherence. Present the information in a logical pattern based on standard reporting formats.

•
Completeness. Report all information collected. The collector should not filter information since all information is of interest to an analyst. Report negative responses to pertinent topics to prevent a misunderstanding or duplication of effort in subsequent questioning based on SDRs.

•
Timeliness. Report information as soon as operationally feasible. Most collection requirements contain a LTIOV as part of the requirement. While written reports are preferable, critical or time-sensitive information is passed by the most expedient means available.

•
Releasability. Include only releasable information in reports that are to be shared with multinational units. When possible, reports to be shared with multinational units should be kept to the appropriate classification to ensure the widest dissemination of the reported information.

REPORT TYPES
10-3. There are two major categories for reporting information: operational reports and source administrative reports. Figure 10-1 shows the HUMINT
10-16 September 2006
FM 2-22.3 _
reporting channels. Refer to DIAM 58-11 (S//NF) and DIAM 58-12 (S//NF) for specific guidance in using these reports,
OPERATIONAL REPORTS
10-4. Operational reports is a broad category that encompasses all reports that do not contain information collected in response to intelligence requirements or the reporting of the technical, and usually sensitive, aspects of HUMINT collection. It includes but is not limited to all administrative and logistical reports. Unit SOPs and directives from higher headquarters establish operational reporting requirements, formats, and procedures. Operational reporting
•
Tells the commander where and when assets are conducting missions.

•
Describes unit mission capability.

•
Responds to administrative and logistical requirements.

•
Describes support requirements.

•
Includes but is not limited to unit status reports, mission planning reports, mission status reports, and equipment status.

•
Reports ICF usage at any echelon where the use of ICFs is authorized.

SOURCE ADMINISTRATIVE REPORTS
10-5. Source administrative reports include intelligence reports that are used to pass or request information in order to answer intelligence requirements, and reports that address the HUMINT collector's contacts with the source. Intelligence reports include but are not limited to IIRs and SALUTE reports.
Intelligence Information Reports
10-6. The IIR is used to report all HUMINT information in response to collection requirements. It is used to expand on information previously reported by a SALUTE report or to report information that is either too extensive or not critical enough for SALUTE reporting. IIRs are written at any echelon and "released" by the appropriate authority before they enter the general Intelligence Community. Normally the G2X will be the release authority for IIRs.
10-7. At the tactical level, the HUMINT collectors will fill out the complete IIR; however, the requirements section may link the information collected against a unit requirement rather than against national requirements. In any case, the report will be forwarded to the OMT.
10-8. The team leader will review the IIR, place a copy of the IIR in the detainee's or source's local file and forward the IIR to the OMT. (When a detainee is transferred to another facility or evacuated to a higher echelon, a copy of each IIR written from interrogations of that detainee is forwarded with him.) The OMT reviews the report, requests additional information as necessary from the originator, adds additional administrative detail, and forwards the report to the HOC of the supporting C/J/G/S2X. The HOC and the 2X review the report, request additional information as required, add any
6 September 2006
final required information including linking it to national requirements, and then the 2X releases the report.
10-9. In addition to the above, the text information from the IIR can be forwarded to the unit's analytical elements and when it contains critical timesensitive information, such as an impending attack, it is sent to units which may be affected by the information; however, it must be clearly marked "unevaluated information, not finally evaluated intelligence." The use of IIRs and the formats are covered in DIAM 58-12 (SIINF).
SALUTE Reports
10-10. The SALUTE report is a standard Army format used to report information of immediate interest by individuals at any echelon. (See Appendix H for a SALUTE report format.) The SALUTE report is the primary means used to report combat information to units that could be affected by that information. Mter review by the team leader, SALUTE reports are sent simultaneously to the supported unit S2, to the OMT in control of the HCT, and to the intelligence staff officer of any other tactical unit that may be affected by the information contained in the SALUTE report.
10-11. The OMT reviews the report and forwards it to the supporting HAT and supporting J/G/S2X for inclusion in the analysis picture. The supported S2 will
•
Review the information.

•
Incorporate it into his unit intelligence products, as applicable.

•
Forward the information to his higher echelon intelligence staff officer.

•
Ensure that all affected units are notified.

10-12. Units must develop SOPs for the passing of information and intelligence to multinational units. Report writers and editors must ensure that reports that are to be shared with multinational units contain only releasable information. This will enable reports to have the widest dissemination. Arrangements are made through the C/J2X1LNO for distribution. When possible, reports to be shared with multinational units should be kept to the appropriate classification to ensure the widest dissemination of the report.ed information.
Basic Source Data Reports
10-13. The basic source data (BSD) reports provide the HUMINT chain with biographic and operational information related to a source. BSDs are used at all echelons to collect biographic information on all contacts. The use of BSDs and BSD formats are covered in DIAM 58-11 (SIINF).
Contact Reports
10-14. Collectors use contact reports to inform their technical chain (from OMT through J/G/S2X) of all relevant information concerning specific meetings with HUMINT sources. Information typically includes the circumstances of the contact (purpose, locations, time), ·the operational
10-36 September 2006
FM 2-22.3      _
matters relative to th~ contact (topics discussed, taskings given), reports produced as a result of the contact, and logistics expended.
Other Reports
10-15. HUMINT collectors also use a number of other reports to administer source contacts and to report information. Copies of the following reports should be maintained in the detainee's permanent file for future reference. HUMINT collectors will review these reports when planning additional collection activities; release committees or tribunals can use the reports to help evaluate if a detainee can be released or not. These reports include
•
Screening    Reports. Screening reports are used to report BSDs, knowledge areas and levels, cooperation, vulnerabilities to approaches, and other relevant source information between HUMINT collectors. It is normally filled out either electronically or manually by the initial HUMINT collector to speak to a source. The screening report is normally forwarded electronically to higher echelon HUMINT collection organizations and other MI organizations that might have interest in the source. Higher echelon organizations may add information to the screening sheet extracted through subsequent screenings. Available digital screening reports contained in the HUMINT collector's mission support software (for example, BAT or CIIHUMINT Automated Management System [CHAMS]) should be used whenever possible to ensure rapid transfer of data. If screening reports have to be handwritten, the information collected should conform to theater requirements and local SOPs.

•
Knowledgeability Briefs. The KB is used to inform the Intelligence Community of a source's full identity, past history, and areas of knowledge, as well as to set a suspense date for the submission of intelligence requirements. It is normally only used at the strategic and operational echelons. When completed, a KB will be classified at least Confidential in accordance with the DIA Classification Guide to protect the identity of the source. The use of KBs and the formats are covered in DIAM 58-11 (S//NF). See Figure 10-2 for an example of a short form KB that can be used for screening at all echelons, and can also be prepared and published like the full KB. This allows the entire intelligence community to see who is either in custody or to whom US intelligence has access so that SDRs can be issued to help focus the intelligence collection effort.

•
Notice of Intelligence Potential (NIP). A NIP is used to inform the US Intelligence Community of the availability of a source of potential interest and to notify them of what agency has responsibility for questioning that source and where to forward questions and requests for information from that agency. The use of NIPs and the formats are covered in DIAM 58-11 (S//NF).

•
Lead Development Report (LDR). The LDR is used to inform the HUMINT chain of ongoing operations directed toward a specific source. It notifies them as to what element spotted the potential source, the

6 September 2006
current steps in assessing of the source, and the general information on the potential source.
•
Interrogation Summary. An interrogation summary may be written to record relevant facts concerning the interrogation. The summary may include the attitude of the source; approach techniques that were tried and which ones were effective; incentives promised and whether or not they were delivered yet; recommended topics for further exploitation; and any other topics the HUMINT collector considers relevant. Local SOPs will dictate the use of the interrogation summary.

•
Interrogation Plan. The interrogation plan is a report prepared by the HUMINT collector to organize his plan to approach and question a source. It lists collection objectives, approach techniques, preparation and liaison tasks, and interpreter usage plan. The interrogation plan also has approval blocks for interrogation supervisor approval of selected approaches and medical release for questioning. The last part of the form has termination, approach effectiveness, recommendations for further exploitation, and a summary of information obtained and reports expected to be published. Figure 10-3 is an example of an interrogation plan format.

•
Termination Report. The termination report is used at all echelons to inform the technical chain of the termination of a contact relationship between a HUMINT collector and a source.

•
Biographic Report. The biographic report is a formatted IIR used at all echelons to report information collected from one human source about another individual of actual or potential intelligence interest. The biographic report format is found in DIAM 58-11 (SIINF).

REPORTING ARCHITECTURE
10-16. There are three basic reporting channels (see Figure 10-1):
•
The operational reporting chain consists of primarily the C2 elements for the HUMINT collection element. It includes the OMTs, unit commanders, and unit S3 and operation sections.

•
The technical chain includes the OMTs, HOC, and the C/J/G/S2X, and in certain circumstances, the unit G2/S2s.

•
The intelligence reporting chain includes the OMTs, HATS, C/J/G/S2Xs, and unit G2/S2s.

10-17. Many elements serve multiple and overlapping functions within the reporting architecture. Each element must be aware of its function within the architecture to ensure that information is disseminated expeditiously to the right place in the right format. This architecture should be established and published prior to implementation in order to avoid confusion.
OPERATIONAL REPORTING
10-18. Operational reporting is sent via the organic communications
architecture (see Chapter 13). Operational reports are normally sent per unit
SOP or based on direction from higher headquarters. HCTs normally send all
10-56 September 2006
FM 2-22.3 _
operational reports through their OMT to the command element of the unit to which they are assigned. If an HCT is attached, it will normally send its operational reports to the unit to which it is attached with courtesy copies to their assigned unit as required. If there is an administrative or logistics relationship established with the supported unit, HCTs that are in DS send the principal copy of all related administrative and logistic reports to the supported unit with a courtesy copy to their parent unit. If the HCT is operating in as, a courtesy copy of operational reports should be forwarded to all affected unit commanders in the supported AO.
TECHNICAL REPORTING
10-19. Technical reporting includes the forwarding of source information and technical parameters of collection operations from lower to higher and the passing of tasking specifics, source information, technical control measures, and other information from higher to lower. Technical reporting is conducted through the technical chain that extends from the HCT through the OMT and Operations Section (if one exists) to the C/J/G/S2X.
INTELLIGENCE REPORTING
10-20. The key to intelligence reporting is to balance the need for accurate
reporting with the need to inform affected units as quickly as possible. The
J/G/S2 and MI commander are key to ensuring the right balance.
6 September 2006
Figure 10-1. HUMINT Reporting Channels
arrow

I OSCO I
Legend:
——-. Operational Reporting ..—-… Technical Reporting I—-~. Intelligence Reporting
NOTE: In addition to the standard HUMINT reporting channels, GS teams will simultaneously send SALUTE reports to any units in their AOR that may be affected by the reported information.
Figure 10-1. HUMINT Reporting Channels.
6 September 2006
10-7
FM 2-22.3 _
KB~EZ WORKSHEET
1. PERSONAL DATA:

1A. Name:

1B. Source Number (Capturing Unit):

1C. Source Number (MPs):

1D. Source Number (Other):

1E. Source Number (MI):

1F. Country of Citizenship:

1G. Birth City:

1H. Birth Country:

11. Birth Date:

1K. Date Departed Country of Origin/Date of Capture:

1N. Last County ofResidence:

10. Language Competency:

2. Education: (Most Recent to Oldest) 2A. Military or Civilian:
2B. Dates of Attendance:

2C. Name of Institution:

20. City Location of Institution:

2E. Country Location of Institution:

2F: Completion Status/Degree Type:

3. EMPLOYMENT: (Most Recent to Oldest)

3A. Dates of Employment:

3B. Name of Place of Employment:

3C. City Location of Place of Employment:

3D. Country of Place of Employment:

3E. Employment Duty Position:

3F. Security Clearance:

Figure 10-2. KB-EZ Worksheet.
6 September 2006
4. MILITARY SERVICE: (Most Recent to Oldest)

4A. Dates of Service:

4B. Name of PosUBase:

4C. Armed Service Component:

4D. Rank of Equivalent:

4E. Name of UniUGroup:

4F. City Location of UniUGroup:

4G. Country Location of UniUGroup:

4H. Military/Group Duty PositionlTitle:

41. Security Clearance:

5. Comments: (Character, intelligence, motivation, personality, cooperativeness)

5A. CIRCUMSTANCES OF CAPTURE: Capture date, capturing unit, circumstances, documents, weapons, and equipment.
58. ASSESSMENT: Physical condition, mental condition, intelligence, cooperation (1, 2, 3), knowledgeability (A, B, C), persone'ity.
5C. ADDITIONAL PERSONAL 'I\JFORMATlON: (Skills, experience, marital status, other).
6. NAME OF SCREENER:
Theater-specific collection requirements may require modification of the KB-EZ format. Consider adding entries for:
•
Race

•
Ethnicity

•
Tribal Affiliation

•
Religion and Sect

•
Language and Dialect Spoken

Entries for "Location" may need to include a village or even neighborhood.
Figure 10-2. KB-EZ Worksheet (continued).
10-9
6 September 2006
FM 2-22.3 _
INTERROGATION PLAN
PLANNING: DTG: _ Collector Name: FRN: _ Detainee Name: _
Detainee MP Number: Other Identifying Numbers (specify): _ Number of Times Interrogated: _ Interrogation Objectives: _
(Include PIR, SDR, RFI, IPSP, etc.)
Fit to undergo interrogation: YES NO _
Health concerns to be reported to the commander: c.c_c _
Approach Strategies (Attach separate sheet if needed for additioh8.~p~roaches): Initial Approach: Rationale: Additional Approach: Rationale: Additional Approach: Rationale:
REVIEW: InterrogationSupervisor _
SJA c c_c BSC (as appropriate)
APPROVAL AUTHORITY: PRINTED NAME DTG OF APPROVAL SIGNATURE
First 0-6 (as required):
Interrogation Unit OIC
Interrogation Supervisor

Interpreter Narne and Interp retatio n Method: _ Other Participants: _ Lead Agency: _
Recording Method: Monitoring Method: _
Figure 10-3. Interrogation Plan Format.
Figure 10-3. Interrogation Plan Format.
10-10 6 September 2006
PREPARATION:
Coordinate with MP for access to the detainee.
Prepare for exploitation topics:

Obtain appropriate map sheet(s)

Obtain references

Review previous reports, detainee correspondence

Research collection topics

Prepare questions

Prepare interrogation site (furnishings, lighting, climate, security, Monitoring).
Ask Guard Questions.
Review Detainee Documentation:

ID Card

Capture Tag

Documents captured with the detainee

Post-Interrogation Report
Effectiveness of Approaches:
Attitude and Behavior of DetainE:.e:
Summary of Topics Exploited:
Expected Reports ProduL on in Response.to Requirements:

Termination: Reason: Approach Reinforced: Incentive Promised: Delivered:
Recommendation for Further Interrogation and Rationale:
Recommended Approach(es):
Topics for Further Exploitation (Leads):
Disposition of Source:. _
Additional Comments:, _
Figure 10-3. Interrogation Plan Format (continued).
6 September 2006 10-11
FM 2-22.3 _
INTERROGATION PLAN
PLANNING: DTG: _

Collector Name: FRN: _

Detainee Name:

Detainee MP Number: Other Identifying Numbers (specify): _

Number of Times Interrogated: _

Interrogation Objectives: _

(Include PIR, SDR, RFI, IPSP, etc.)
Fit to undergo interrogation: YES NO _
Health concerns to be reported to the commander: " _
Approach Strategies (Attach separate sheet if needed for additional approaches):
Initial Approach: Pationale: Additional Approach: Pationale: Additional Approach: Pationale:
REVIEW: InterrogationSup SJA "" ervisor MI Unit Commander BSC (as appropriate) _
APPROVAL AUTHORITY: PRINTED NAM E DTG OF APPROVAL SIGNATURE
First 0-6 (as required):
interrogation Unit OIC
Interrogation Supervisor

Interpreter t\J arne and Interp retatio n ~l"lethod: _ Other Participants: _ Lead Agency: _
Recording Method: Monitoring Method: _
Figure 10-3. Interrogation Plan Format.
10-10 6 September 2006
FM 2-22.3
Chapter 11
HUMINT Collection With An Interpreter
11-1. The use of interpreters is an integral part of the HUMINT collection effort. It is vital that the HUMINT collection skills be paired up with a qualified interpreter. Use of an interpreter is time consuming and potentially confusing. Proper use and control of an interpreter is a skill that must be learned and practiced to maximize the potential of HUMINT collection. It is also vital for the HUMINT collector to confirm that the interpreter he intends to use holds the required clearance for the level of information that will be discussed or potentially collected, and is authorized access to the detainee. This chapter deals strictly with the use of interpreters to support HUMINT collection; it is not intended to be applied to more routine uses of interpreters in support of administrative, logistical, or other operational requirements.
ADVANTAGES AND DISADVANTAGES OF INTERPRETER USE
ADVANTAGES
11-2. Interpreters are frequently a necessary aid to HUMINT collection. There are certain advantages to using an interpreter. The most obvious is that without an interpreter, a HUMINT collector without the proper language or necessary proficiency in that language is severely limited. Furthermore, if properly trained, briefed, and assessed, the interpreter can be a valuable assistant to the HUMINT collector. The interpreter
•
Probably has a greater knowledge of the local culture and language usage than could be developed by the HUMINT collector.

•
Can identify language and culturally based clues that can help the HUMINT collector confirm or refute the veracity of the source's statements.

•
Can interpret not only the literal meaning of a statement but also the intent and emotion of a sentence.

DISADVANTAGES
11-3. There are, however, several significant disadvantages to using interpreters. Disadvantages may·include-.
• A significant increase   in time to conduct the· collection. Since the interpreter must repeat each phrase, the time for a given questioning session or meeting is normally at least doubled.
•   Since    there is now a third person in the communications loop, the potential for confusion or misunderstanding increases significantly. This is especially true when the interpreter is deficient in his command of either language.
6 September 2006
FM 2-22.3      _
•
The establishment of rapport and the use of some approach techniques (see Chapter 8) are made difficult or even impossible when working through an interpreter.

•
The ability of the HUMINT collector to interpret the source's veracity through the analysis of word usage, nuances of speech, and body language is curtailed.

•
The interpreter will have his own set of biases that could influence the manner in which the dialogue is interpreted.

•
The source may be culturally biased against the interpreter. This is especially possible if the interpreter was locally hired and is of a different ethnic, social, or religious group than the source.

•
The interpreter may be culturally biased against the source and intentionally misinterpret the meaning to obtain a desired effect.

•
There may be mission or subject matter classification problems involved.

CAUTIONS
11-4. Be careful of comments made in the presence of your interpreter. Although you plan comprehensively with your interpreter, you should only share information with your interpreter on a need-to-know basis. Obviously the exchange of information concerning the "what, where, when, with whom, and how" of each meeting must be discussed with your interpreter, but sometimes the "real why" is none of his business! You may be meeting with a source or contact because the commander believes this individual has lied. The real purpose (the why) of the meeting is to pose control questions and to determine whether the source or contact lied in the past or whether there was simply a miscommunication.
11-5. Be careful of sensitive or personal conversations when the interpreter is present. This applies to conversations en route to or from meetings, conversations over lunch or dinner in the operational area, and conversations in the team area. It is easy to get used to the presence of the interpreter and to overlook his presence. An interpreter is a necessary tool but we must remember that most are only very lightly screened for the sensitive access they have. If your interpreter turned out to be working for the other side, what information beyond "the necessary" could he provide?
METHODS OF INTERPRETER USE
11-6. There is a basic method and advanced method of interaction between the HUMINT collector and the interpreter. As the collector and the interpreter become experienced at working together and gain confidence in each other's abilities, they may use more advanced interactive techniques. It is the HUMINT collector's decision whether or not to use more advanced techniques.
6 September 2006
BASIC METHOD
11-7. The basic method of interaction is used when
•
The interpreter and HUMINT collectors have not worked together extensively.

•
The interpreter has language skills but no interpreter training or experience.

•
The interpreter's skill in English or the target language is suspect.

•
The HUMINT collector has limited experience using an interpreter.

•
The interpreter's capabilities, loyalty, or cultural knowledge are not known or suspect.

11-8. Using the basic method, the interpreter is used solely as an interpretation device. When initial contact is made, the interpreter instructs the source to maintain eye contact with the HUMINT collector. The interpreter is briefed on the general course of the collection but usually is not advised of the specific purpose or collection goals. While the interpreter will be instructed to reflect the attitude, behavior, and tone of voice of both the collector and the source, he is told to not interpose comments or personal opinions at all in the conversation.
11-9. The questioning phase is conducted in the same way it would be if no interpreter were used with the obvious increase in time due to the interpretation. The interpreter uses the same person and tense as the HUMINT collector or source and neither adds nor subtracts anything from the dialogue. He does his best to fade into the background. When reports are written, the interpreter will only be asked questions based on the actual translation of the dialogue.
ADVANCED METHOD
11-10. The advanced method of interaction requires additional training on the part of the HUMINT collector and the interpreter, extensive experience working together, and a rapport between the HUMINT collector and the interpreter. The HUMINT collector must trust both the capabilities and the judgment of the interpreter. At this level of interaction, the interpreter becomes a more active participant in the HUMINT activities. The HUMINT collector remains in charge and makes it clear to the interpreter that he (the HUMINT collector) is responsible for the substance and direction of the questioning. The interpreter is normally briefed as to the specific goals of the collection.
11-11. The interpreter becomes a more active participant in the approach and termination phases to the point of even making planned comments to the source supportive of the HUMINT collector's approach. For example, if the HUMINT collector is using an incentive approach, the interpreter in an aside to the source can tell him that the HUMINT collector always keeps his promises. This type of technique should only be used if both planned and rehearsed.
11-12. During the questioning phase, the interpreter supports the collector
by not only translating the word of the source but also cueing the collector
when there are language or culturally based nuances to what the source is
11-36 September 2006
FM 2-22.3 _
saying that might add credence or doubt as to the veracity of the statements. For example, the interpreter could point out that although the source claims to be a factory worker, his language use indicates that the source has a university education. In another example, the interpreter could indicate that the dialect or pronunciation that the source is using does not match the area that he claims to be from. During report writing, the interpreter supports the HUMINT collector by not only answering questions on the literal interpretation but also adds, when appropriate, comments on the significance of both what was said and how it was said.
SOURCES OF INTERPRETERS
11-13. There are almost never sufficient interpreters to meet all unit mission requirements. Interpreters in support of HUMINT collection require a security clearance and knowledge of the operational situation. While any qualified interpreter can be used to support HUMINT collection, the HUMINT collectors maximize the collection potential if the interpreter has received specific training. The number of interpreters needed to support a HUMINT collection mission is METT-TC driven based primarily on the number of HUMINT collectors, the dispersion of the HUMINT collectors in the AO, and the number of sources. Normally one interpreter for every two non-language qualified HUMINT collectors is sufficient; however, in situations where a large number of high-value sources must be questioned in a limited time, a ratio of 1 to 1 may be required. Interpreters are obtained from within the military and from the US and local civilian populations or other English-speaking countries.
MILITARY
11-14. There are many soldiers, including non-US citizens, who have native language abilities due to their upbringing. Their parent unit may identify these language abilities, or these soldiers may volunteer their abilities when a contingency arises. The ARNG, USAR, other US military services, and even coalition militaries, have language-trained and certified personnel in Military Intelligence MOSs, such as 98G or 09L, who may be called upon to serve as interpreters for the HUMINT collection effort.
CIVILIAN
11-15. Civilian corporations maybe contracted by the military to provide
interpreters for an operation. These interpreters are divided into three
categories:
•
CAT I Linguists -Locally hired personnel with an understanding of the English language. These personnel undergo a limited screening and are hired in-theater. They do not possess a security clearance and are used for unclassified work. During most operations, CAT I linguists are required to be re-screened on a scheduled basis. CAT I linguists should not be used for HUMINT collection operations.

•
CAT II Linguists· US citizens who have native command of the target language and near-native command of the English language. These personnel undergo a screening process, which includes a national

6 September 2006
agency check (NAC). Upon favorable findings, these personnel are
granted an equivalent of a Secret collateral clearance. This is the
category of linguist most used by HUMINT collectors.
• CAT III Linguists -US citizens who have native command of the target language and native command of the English language. These personnel undergo a screening process, which includes a special background investigation (SEI). Upon favorable findings, these personnel are granted an equivalent of a Top Secret (TS) clearance. CAT III linguists are used mostly for high-ranking official meetings and by strategic collectors.
INTERPRETATION TECHNIQUES
11-16. During the planning and preparation phase, the HUMINT collector, in collaboration with the interpreter, selects a method of interpretation. There are two methods:
•
Alternate Interpretation. The interpreter listens to the entire phrase, sentence, or paragraph. The interpreter then translates it during natural pauses in speech.

•
Simultaneous Interpretation. The interpreter listens to the source and translates what he says, just a phrase or a few words behind. The HUMINT collector should select the simultaneous method only if all the following criteria are met:

•
The sentence structure of the target language is parallel to English.

•
The interpreter can understand and speak English as well as the target language with ease.

•
The interpreter has special vocabulary skills for the topics to be covered.

•
The interpreter can easily imitate the HUMINT collector's tone of voice and attitude for the approaches and questioning technique selected.

•
Neither the collector nor the interpreter tends to get confused when using the simultaneous method of interpretation.

11-17. If any of the above-mentioned criteria in the simultaneous method cannot be met, the HUMINT collector should use the alternate method. The alternate method should also be used when a high degree of precision is required.
TRAINING AND BRIEFING THE INTERPRETER
11-18. The HUMINT collector will need to train an individual who has no
interpreter experience as well as remind a trained and certified interpreter of
the basic interpreter requirements. The requirements include
•   Statements made by the interpreter and the source should be interpreted in the first person, using the same content, tone of voice, inflection, and intent. The interpreter must not interject his or her own personality, ideas, or questions into the interview.
11-5
6 September 2006
FM 2-22.3   _
•
The interpreter should inform the HUMINT collector if there are any inconsistencies in the language used by the source. The HUMINT collector will use this information in his assessment of the source.

•
The interpreter needs to assist with the preparation of reports and administrative documents relevant to the source and meeting.

11-19. Once the HUMINT collector has chosen a method of interpretation, he must brief the interpreter. This briefing must cover
•
The current situation.

•
Background information on the source (if available).

•
The administrative particulars of the meeting such as where it will be held, the room setup, how long it will last.

•
The specific positioning of the interpreter, collector, and source.

•
The general or (if advanced method of interaction is being used) the specific collection objectives.

•
The selected approach and possible alternate approaches that the HUMINT collector plans on using. If time allows, the collector and interpreter should rehearse the approaches.

•
Any special topic or technical language that is anticipated. If time allows, the interpreter should research any anticipated technical vocabulary with which he is unfamiliar.

11-20. Throughout the briefing, the HUMINT collector fully and clearly answers questions the interpreter may have. This helps ensure the interpreter completely understands his role in the HUMINT collection process. With a more advanced interaction plan, the HUMINT collector and the interpreter should "wargame" their plan and rehearse their actions as necessary.
PLACEMENT OF THE INTERPRETER
11-21. The interpreter should be placed in a position that enhances the mood or general impression that the HUMINT collector wants to establish. When dealing with detainees or EPWs, the HUMINT collector generally wants to establish a dominant position, maintain a direct relationship with the source, and increase or at least maintain the anxiety level of the source. Having the HUMINT collector and the source facing each other with the interpreter located behind the source normally facilitates this. It allows the HUMINT collector to maximize control of both the source and interpreter. If desired, having the interpreter enter the room after the source, so the source never sees the interpreter, can further heighten the anxiety of the source.
11-22. Having the interpreter sit to the side of the HUMINT collector creates a more relaxed atmosphere. This is the norm for debriefings and official meetings. Having the interpreter at his side also facilities "off line" exchanges between the HUMINT collector and the interpreter. The collector should avoid having the interpreter sit beside the source since this has a tendency of establishing a stronger bond between the source and the interpreter and makes "off line" comments between the collector and the interpreter more difficult.
6 September 2006
11-23. When conducting source meetings in a public setting, a more natural appearance is desirable. The seating needs to conform to the norm at the location where the meeting is taking place. For example, if meeting at a restaurant, the HUMINT collector, interpreter, and source will sit naturally around the table.
INTERACTIONS WITH AND CORRECTION OF THE INTERPRETER
11-24. The HUMINT collector must control the interpreter. He must be professional but firm and establish that he is in charge. During a questioning session, the HUMINT collector corrects the interpreter if he violates any standards that the pre-mission briefing covered. For example, if the interpreter interjects his own ideas into the meeting, he must be corrected. Corrections should be made in a low-key manner as to not alienate the interpreter, interrupt the flow of the questioning, or give the source the impression that there is an exploitable difference of opinion between the HUMINT collector and the interpreter. At no time should the HUMINT collector rebuke the interpreter sternly or loudly while they are with the source. The HUMINT collector should never argue with the interpreter in the presence of the source. If a major correction must be made, the HUMINT collector should temporarily terminate the meeting and leave the site temporarily to make the correction. The HUMINT collector needs to document any difficulties as part of his interpreter evaluation. The HUMINT collector must always ensure that the conduct and actions of the interpreter are within the bounds of applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs.
11-25. The HUMINT collector must be alert for any signs that the interpreter is not performing as required. The following are some indicators of possible problems.
•
Long-to-short. If you take 20 seconds to express yourself and the interpreter reduces it to a 3-second translation, it may indicate that something has been omitted, and you should not proceed until you have resolved the issue. There is nothing wrong with stating that you would "prefer" the interpreter translate everything that was just said. If you have trained your interpreter properly, this should not be an issue. Ifit arises even with the training you have given the interpreter, then it has significance and you must not let it pass.

•
Short-to-long. If you take 5 seconds to express yourself and the interpreter expands it to a 30-second translation, it may indicate that something has been added, and you should not proceed until you have resolved the issue.

•
Body-language shift. Ifthe interpreter's body language suddenly has a significant shift from his normal behavior, you should look for the reason. (It is advisable for you to determine a base line of behavior for your interpreter to facilitate recognition of the changes.) Perhaps he is reluctant to translate what you just said. Be aware that the body shift

11-7
6 September 2006
FM 2-22.3 _
means that something is happening-your task is to find out what it means.
•
Unusual pauses. Look for a longer delay than usual before the translation begins. Unless it is a vocabulary or concept issue, the long delay means that the interpreter is "thinking" before he translates. Any thinking beyond what is needed to translate, as closely as possible, what was just said represents a potential problem. Again, you should establish a base line of behavior for your interpreter so you can recognize these unusual pauses.

•
"Wrong" reactions. Ifyou say something humorous that should provoke a positive response from the source, and you do not get that response, then you should wonder if the message got through. If the source becomes upset in response to something (positive) you said, then you should begin to wonder what message was passed by the interpreter. Did you fail to express yourself clearly, or was it an accidental or deliberate mistranslation?

11-26. A trusted linguist should periodically review the accuracy of the interpreter's translations by monitoring an interrogation or debriefing and critiquing the monitored interpreter's performance.
INTERPRETER SUPPORT IN REPORT WRITING
11-27. The interpreter assists the HUMINT collector in preparing all required reports. He may be able to fill gaps and unclear details in the HUMINT collector's notes. He may also assist in transliterating, translating, and explaining foreign terms.
EVALUATING THE INTERPRETER
11-28. Mter submitting all reports, the HUMINT collector evaluates the performance of his interpreter. This should be done in writing, and copies should be given to the interpreter and placed on file with the individual managing the HUMINT collection portion of the interpreter program. The interpreter program manager needs to develop a standard evaluation format for inclusion in the unit SOP. The evaluation forms should note at a minimum:
•
Administrative data (for example, date, time, interpreter's name).

•
Strengths and weaknesses of the interpreter with any problems and corrective actions taken.

•
Type of interpretation used (simultaneous or alternate).

•
Type of HUMINT operation the interpretation was supporting (that is, an interrogation, a debriefing, a liaison meeting).

• Ability   or lack of ability of the interpreter to use specific technical language that may have been required.
•      Name or collector number of the HUMINT collector.
11-29. The interpreter program manager uses these forms to decide on future
use of the interpreters, to develop training programs for the interpreters, and
to assign interpreters to make maximum use of their specific capabilities.
6 September 2006
The HUMINT collector should also review these files before using an unfamiliar interpreter.
MANAGING AN INTERPRETER PROGRAM
11-30. Units requiring interpretation support need to identify an individual or individuals to manage the interpreter program. In most units, this will be someone in the G3/83 section. Division and Corps-level units will have a language manager. In MI units whose specific function is HUMINT collection, it will normally be a senior Warrant Officer within that unit, The functions of the interpreter program manager include but are not limited
to
•
Consolidating and prioritizing interpreter requirements.

•
Coordinating with G2 or IN8COM to contract for qualified interpreters.

•
Coordinating with the Gl/81 to identify personnel in the unit with language skills who can be used as interpreters.

•
Coordinating with the Gl/81 and G5 to obtain qualified local-hire interpreters.

•
Coordinating with G2/82 for clearances.

•
Coordinating with the G3/83 to establish training for both the interpreters and those that will be using interpreters.

•
Coordinating with the G3/83 for language testing of the interpreters in both English and the target language as required.

•
Coordinating with the G1/81 and G4/84 to ensure that all administrative and logistical requirements for the interpreters are met.

•
Establishing and maintaining the administrative, operational, and evaluation files on the interpreters.

•
Assigning or recommending the assignment of interpreters to operational missions based on their specific capabilities.

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11-9
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FM 2-22.3
PART FOUR
Analysis and Tools
Part Four discusses HUMINT analysis and the automation and communication tools needed to support the HUMINT collection effort.
HUMINT analysis supports operational planning and provides direction to HUMINT collection operations. Analysts determine if information from a single human source is internally consistent based on factors such as placement and access of source, prior information from the source, and existing holdings. Source analysis is used to determine if the information from a source is complete, truthful, and responsive to collection requirements. Operational analysis consists of those actions taken to determine how to best meet requirements.
Modern automation and communications systems are vital to HUMINT collection. Real-time collaboration, detailed operational planning and ISR integration, as well as enhanced collection and source exploitation tools, must support team efforts. Emerging technology continues to allow the entire HUMINT collection system to operate more effectively. Commanders must be prepared to supply their HUMINT collection assets with the best possible technology.
Chapter 12
HUMINT Analysis and Production
12-1. Analytical processes provide information to support the commander, his staff, and his unit. Analysis is an integral part of HUMINT collection. Analysis occurs throughout the HUMINT collection process but can be divided into four primary categories: analytical support to operational planning and targeting, operational analysis and assessment, source analysis, and single-discipline HUMINT analysis and production.
ANALYTICAL SUPPORT TO OPERATIONAL PLANNING 12-2. Several elements provide analytical support at various echelons, including the following:
•      The HAT is subordinate to the G2 ACE. The HAT supports the G2 in developing IPB products and in developing and tailoring SIRs to match HUMINT collection capabilities.
6 September 2006
12-1
FM 2-22.3      _
•
The HAC is subordinate to the C/J/G/S2X and functions in the same capacity for the C/J/G/S2X as the HAT does for the ACE.

•
The HOC of the C/J/G/S2X supports the C/J/G/S2 and C/J/G/S2X in the identification of HUMINT collection opportunities, the development of taskings and RFIs for HUMINT collection assets, as well as the development of a HUMINT database.

INTELLIGENCE PREPARATION OF THE BATTLEFIELD
12-3. The HAT assists the G2 in the identification and characterization of the human component of operations and its effects on friendly and enemy operations. As part of its assistance to the G2, the HAT compiles and analyzes data about the local civilian population including its political, ethnic, religious, cultural, tribal, economic, and other social components. It carefully examines the various component groups and their predicted reaction to friendly force operations.
12-4. The HAT also provides input to all-source analysis by identifying specific actions and motivational factors that should strengthen the local population's support of the US or at least weaken its support of the enemy and by providing information on transient (refugees, DPs, third-country nationals) population and its effects on friendly and enemy operations. In addition to the above, the HAT
•
Closely examines the current and potential threat to identify all factors, such as morale, motivation, training, and beliefs that would affect both positively and negatively on enemy and opposing force capabilities.

•
Identifies formal and informal leaders of hostile, neutral, and friendly groups and how their influence is likely to affect operations.

•
Develops overlays, databases, and matrices, as required, to support IPB. These overlays may represent a wide variety of intelligence issues, including battlefield infrastructure (for example, electrical power grid), population density, ethnic, religious, or tribal affiliation, and no-strike or collateral damage.

•
Provides its products to the C/J/G/S2, the all-source analysts and CI analysts of the ACE, the HOC, the C/J/G/S2X, and HUMINT collection units as required.

ISR TASK DEVELOPMENT
12-5. The HAT and the C/J/G/S2X support the C/J/G/S2 by expanding the PIRs that can be answered through HUMINT collection into ISR tasks that can be answered by a human source and that can be t~sked to a specific collection entity. The HAT and the C/J/G/S2X provide this information to support the development of the HUMINT collection plan and its integration into the overarching ISR plan. The HAT normally establishes a list of prioritized standing indicators, and supplements this with ISR tasks developed to answer specific PIRs. The standing indicators are incorporated into the ACE's all-source analysis team's list of indicators that point to a pattern or COA. Each standing indicator is integrated with other indicators
6 September 2006
and factors so that analysts can detect patterns and establish threat intentions.
SUPPORT TO HUMINT TASKING
12-6. The C/J/G/S2X supports the C/J/G/S2 and the C/J/G/S2 requirements manager by developing tasking for specific organic or attached HUMINT collection assets and by developing requests and coordinating for support from higher and lateral echelon HUMINT collection elements. The C/J/G/S2X matches specific collection requirements to collection units and sources. If current sources cannot answer the requirement, he develops profiles for new sources that guide the collection teams in the development of new sources. The C/J/G/S2X also determines the best method to achieve collection requirements. The C/J/G/S2X supplies any required technical support to the HUMINT operations section, OMTs, and HCTs.
HUMINT DATABASE DEVELOPMENT
12-7. The C/J/G/S2X maintains the source database, which receives input from HUMINT collection and CI operations. The C/J/G2X is responsible for maintaining the source database.
OPERATIONAL ANALYSIS AND ASSESSMENT
12-8. Operational analysis consists of those actions taken to determine how to best meet requirements. Assessment evaluates the effectiveness of the requirement effort. Operational analysis begins with the C/J/G/S2X when he determines the best collection assets and sources needed to answer collection requirements. For analysis, the C/J/G/S2X section and specifically the HOC
•
Provides higher echelon coordination and deconfliction for collection operations.

•
Provides required technical support to the HUMINT operations sections, OMTs, and HCTs.

•
Facilitates feedback and evaluations.

12-9. For assessment, the C/J/G/S2X section and specifically the HOC
•
Monitors all HUMINT reporting to ensure that requirements are being met.

•
Refocuses efforts of assigned assets as needed.

12-10. The HUMINT operations section (if one exists) and the OMTs of tasked collection units determine which HCTs are best suited to meet specific collection requirements. They also conduct operational coordination for the HCT, provide technical support, and monitor all reporting to ensure that reports are properly formatted and support collection requirements. The team leader of the tasked HCT selects the specific collectors and sources to meet collection requirements, reviews the collection plan, provides technical support to the collectors, coordinates with the supported unit, and monitors all team reporting for format and content. He identifies additional lines of questioning and approaches required to fulfill collection requIrements.
12-36 September 2006
FM 2-22.3 _
SOURCE ANALYSIS
12-11. Source analysis involves the actions taken to determine if information from a single human source is internally consistent based on factors such as placement and access of source, prior information from the source, and existing holdings. Source analysis is used to determine if the information from a source is complete, truthful, and responsive to collection requirements. Preliminarily source analysis is the responsibility of the individual HUMINT collector.
12-12. The HUMINT collector evaluates all source statements within the context of the information known about the source and the current situation to determine both the veracity and the validity of source statements. That is not to say that the HUMINT collector ignores any information that does not fit into expected pattern; rather that he treats that information with skepticism and uses appropriate questioning methodology to validate the statements (see Chapter 9). Source analysis is supported by the HCT leader, the OMTs, and the HOC. Each echelon reviews the intelligence and operational reports, identifies inconsistencies, evaluates veracity, and recommends additional lines of questioning as appropriate.
12-13. Analysts can assign an alphanumeric designator to collected information based on an analyst's determination of the reliability of the source and the probable accuracy of the information reported. A letter from A to F is assigned reflecting the level of reliability, with A representing the highest degree of reliability. The letter designation is then coupled with a number from 1 to 6. The number 1 represents confirmed intelligence and the numbers 2 through 6 represent increasing degrees of uncertainty as to the veracity of the information. A complete explanation if this rating system is contained in Appendix B. [NOTE: This system of labeling the reliability of sources and their reported information should not be confused with the alphanumeric rating scheme for source-screening operations as described in Chapter 6.]
SINGLE-DISCIPLINE HUMINT ANALYSIS AND PRODUCTION
12-14. Single-discipline HUMINT analysis involves the actions taken to evaluate the information provided by all HUMINT sources at a given echelon to determine interrelationships, trends, and contextual meaning. While called "single discipline," the analyst reviews and incorporates, as necessary, information from other disciplines and all-source analysis to provide a contextual basis for the HUMINT analysis. Single-discipline HUMINT analysis is conducted primarily by the HAT of the ACE. HUMINT operations sections and OMTs also conduct analysis to a lesser degree, based on the information from HUMINT sources at their echelon.
12-15. Analysis does more than simply restate facts. The analyst formulates a hypothesis based on available data, assesses the situation, and explains what the data means in logical terms that the user can understand. There are two basic thought processes used by analysts to study problems and reach conclusions: induction and deduction.
6 September 2006
FM 2-22.3
•
Induction is the process of formulating hypotheses on the basis of observation or other evidence. It can best be characterized as a process of discovery when the analyst is able to establish a relationship between events under observation or study. Induction, or plausible reasoning, normally precedes deduction and is the type of reasoning analysts are required to perform most frequently.

•
Deduction is the process of reasoning from general rules to particular cases. The analyst must draw out, or analyze, the premises to form a conclusion. Deductive reasoning is sometimes referred to as demonstrative reasoning because it is used to demonstrate the truth or validity of a conclusion based on certain premises.

ANALYTICAL TECHNIQUES AND TOOLS
12-16. There are three basic analytical techniques and automated tools that are particularly useful to single-discipline HUMINT analysis. Each of these tools takes fragmented bits of information and organizes them to create a chart or graph that can easily be read. They are the time event chart, matrices, and the link analysis diagram. HUMINT collectors and analysts can use automated computer programs such as Analyst Notebook or Crime Link to produce these tools or they can create them on paper. Computer programs are faster to use than previous methods and have the added advantage of producing a product that can be shared easily and rapidly over networks and portals. The diagrams in this chapter represent the tools that can be produced using automated programs.
Time Event Chart
12-17. A time event chart is a method for placing and representing individual or group actions in chronological form. It uses symbols to represent events, dates, and the flow of time. Normally, triangles are used to depict the beginning and end of the chart and may be used within the chart to indicate particularly critical events such as an ideological shift or change. Rectangles, used as event nodes, store administrative data and indicate significant events or activities. Drawing an "X" through the event node may highlight noteworthy or important events. Each of these symbols contains a sequence number, date (day, month, and year of the event), and may, if desired, contain a file reference number. The incident description written below the event node is a brief explanation of the incident and may include team size and type of incident. Arrows indicate time flow. By using these symbols and brief descriptions, it is possible to analyze the group's activities, transitions, trends, and particularly operational patterns in both time and activity. If desired, the event nodes may be color coded to indicate a particular event or type of event to aid in pattern recognition. The time event chart is the best analytical tool for pattern analysis. The example at Figure 12-1 depicts the history of the group, including most major players, which carried out the World Trade Center bombing in February 1993.
12-5
6 September 2006
FM 2-22.3 _
Matrices
12-18. Construction of a matrix is the easiest and simplest way to show the relationships between a number of similar or dissimilar associated items. The items can be anything that is important to a collection effort such as people, places, organizations, automobile license plates, weapons, telephone numbers, or locations. In analysis, matrices are often used to identify "who knows whom," or "who has been where or done what" in a clear concise manner. There are two types of matrices used in human analysis: the association matrix, used to determine existence of relationships between individual human beings, and the activities matrix, used to determine connectivity between individuals and any organization, event, address, activity, or any other non-personal entity. The graphics involved in constructing the two types of matrices differ slightly, but the principles are identical.
12-19. The association matrix (Figure 12-2) shows connections between key individuals involved in any event or activity. It shows associations within a group or associated activity. Normally, this type of matrix is constructed in the form of an equilateral triangle having the same number of rows and columns. Personalities must be listed in exactly the same order along both the rows and columns to ensure that all possible associations are correctly depicted. An alternate method is to list the names along the diagonal side of the matrix. This type of matrix does not show the nature, degree, or duration of a relationship, only that a relationship exists. The purpose of the matrix is to show the analyst who knows whom and who are suspected to know whom. In the event that a person of interest dies, a diamond is drawn next to his or her name on the matrix.
12-20. The analyst uses a dot or closed (filled-in) circle to depict a strong or known association. A known association is determined by direct contact between one or more persons. Direct contact is determined by several factors. Direct associations include
•
Face-to-face meetings.

•
Telephonic conversations III which the analyst is sure who was conversing with whom.

•
Members of a cell or other group who are involved III the same operations.

6 September 2006
FM 2-22.3
A· I~hm::~d H~h~:::.ooJ~~H'-R-a-h-m-:-~-I:-a-v-e-s…..r
FATWA against to Farag, Karam, assassinated by Egypt for Sudan President Sadat and two others Muslim B'Hood
JUL90      1990
I 5 rDKH 7 H~JA:91r-[>R}
Rahman in US Rabbi Kahane Rahman linked to Rahman issues Shalabi control of NJ shot in NYC by 4 bombings in FATWA against assassinated Mosque El Sayyid Nosair Egypt Mustafa Shalabi in Brooklyn
10
12
14
~
~
1991 -1992
4-5 MAR 93
7 MAY 93 23 MAY 93
~I 13
-+[6~
Rahman preaches WTC Bombing Sallameh and Initial planning for Salem, Siddig, and against Zionism Elgabrowny UN bombing Hampton El include and Capitalism arrested Fed Bldg and
tunnels in plan
1615
17
18 19
-+-+-f+
r-+ r-+
27 MAY 93 29 MAY 93
19 JUN 93
22JUN 93 24JUN 93
Timing device Recon of Holland First batch of Salem and Alvarez      FBI arrest Siddig,
tested and Lincoln tunnels ANFO mixed attempt to buy guns      Sallah, Alvarez, KalIafalla, and 5 Sundanese
Figure 12-1. Example of a Time Event Chart.
12-21. Suspected or weak associations are those associations in which there are indicators that individuals may have had associations but there is no way to confirm that association; this is depicted with an open circle. Examples of suspected associations are-
•
A known party calling a known telephone number (the analyst knows to whom the telephone number is listed) but it cannot be determined with certainty who answered the call.

•
A face-to-face meeting where one party can be identified, but the other party can only be tentatively identified.

12-22. The rationale for depicting suspected associations is to get as close as possible to an objective analytic solution while staying as close as possible to known or confirmed facts. If a suspected association is later confirmed, the appropriate adjustment may be made on the association matrix. A secondary reason for depicting suspected associations is that it may give the analyst a focus for tasking limited intelligence collections assets in order to confirm the suspected association. An important point to remember about using the association matrix is that it will, without modification, show only the
6 September 2006 12-7
FM 2-22.3 _
existence of relationships; not the nature, degree, or duration of those
relationships.

Figure 12-2. Example of an Association matrix.
12-23. The activities matrix (Figure 12-3) is a rectangular array of personalities compared against activities, locations, events, or other appropriate information. The kind and quality of data that is available to the collector determines the number of rows and columns and their content. The analyst may tailor the matrix to fit the needs of the problem at hand or he may add to it as the problem expands in scope. This matrix normally is constructed with personalities arranged in a vertical listing on the left side of the matrix, and events, activities, organizations, addresses, or any other common denominator arranged along the bottom of the matrix. This matrix is critical for the study of a group's internal and external activities, external ties and linkages, and even modus operandi. As with the association matrix, confirmed or "strong" associations between individuals and non-personal entities are shown with a solid circle or dot, while suspected or "weak" associations are illustrated by an open circle.
12-24. Using matrices, the analyst can pinpoint the optimal targets for further intelligence collection, identify key personalities within an organization, and considerably increase the analyst's understanding of an organization and its structure. Matrices can be used to present briefings or to store information in a concise and understandable manner within a database. Matrices augment but cannot replace SOPs or standard database files. It is possible, and sometimes productive, to use one matrix for all associations. This is done routinely using the automated systems mentioned in paragraph 13-6.
6 September 2006
Albert • • • • •
Bernard • • •
Michael •
Victor •
William •
Ludwig •
Herbert • • • •
George • •
Clarence • •
Julia 0 • • •
Francis • • –
III 'C III a.. III l: 0 ::iE 1:: ::::l ~ l: f! LL G) E 0 0:: ~ .0 :J .:ll:: l: III .0 III III 'j t/) .0 E 0 .0 1:: ::::l… .:ll:: l: f! LL .0 ::::l U G) u f!… G) I- l! G)-J::2 LL 'C G) 0:: ::.: 0 ~ IIIu:: G) ::::l iii .0 E 0 m G) E 0 0::
Figure 12-3. Example of an Activities Matrix.

12-25. The link analysis diagram (Figure 12-4) shows the connections between people, groups, or activities. The difference between matrices and link analysis is roughly the same as the difference between a mileage chart and a road map. The mileage chart (matrix) shows the connections between cities using numbers to represent travel distances. The map Oink analysis diagram) uses symbols that represent cities, locations, and roads to show how two or more locations are linked to each other.
12-9
6 September 2006
FM 2-22.3 _
? $
+
German
Bank FBI 4 Bomb Attacks in
Kahane Egypt 1990
Tvl to Iraq Iran Assassination Hezbollah
Fall 1992 line

Figure 12-4. Example of a Link Analysis Diagram.

12-26. As with construction of association matrices, there are certain rules of graphics, symbology, and construction that must be followed. Standardization is critical to ensuring that everyone constructing, using, or reading a link analysis diagram understands exactly what the diagram depicts. Circles and lines are arranged so that no lines cross whenever possible. Often, especially when dealing with large groups, it is very difficult to construct a line diagram in which no lines cross. In these cases, every effort should be made to keep the number of crossings at an absolute minimum. The standard rules are as follows:
• Persons are shown as open circles with the name written inside the circle. Deceased persons are depicted in either open circles, with a diamond next to the circle representing that person (as in Figure 12-4) or as open diamonds with the name written inside the diamond.
8

Image of open circle with a diamond next to the circle.
12-10 6 September 2006 FM 2-22.3
•
Persons known by more than one name (alias or AKA) are shown as overlapping circles with names in each circle (as shown below) or both names are simply listed in the same circle. If the alias is suspected, a dotted line is used to depict the intersection. If the alias is confirmed, the intersection is shown with a solid line.

•
Non-personal entities (organizations, governments, events, locations) are shown as appropriately labeled rectangles.

Image of person known by more than one name (alias or AKA) is shown as overlapping circles with names in each circle.
II
MOSQUE
•   Solid lines denote confirmed linkages or associations and dotted lines show suspected linkages and associations.
Image 1 of footnotes on the matrices.
8
Image 2 of footnotes on the matrices.
\
\
\
–
–
8
•      Footnotes on the matrices can be shown as a brief legend on the connectivity line.
Image o f solid line
Link analysis diagram.
• Each person or non-personal entity is depicted only once in a link analysis diagram.
6 September 2006      12-11
FM 2-22.3 _ 12-27. The following diagram shows only connectivity between persons:
Diagram of only connectivity between persons
12-28. The analyst can easily determine from the diagram that Alpha knows Bravo, Bravo knows Charlie and Delta. Bravo is suspected of knowing Echo and Charlie knows Delta, Bravo, and Echo. Although the same information could be shown on a matrix, it is easier to understand when depicted on a link analysis diagram. As situations or investigations become more complex, the ease in understanding a link analysis diagram becomes more apparent. In almost all cases, the available information is first depicted and analyzed on both types of matrices, which are then used to construct a link analysis diagram for further analysis.
12-29. Link analysis diagrams can show organizations, membership within the organization, action teams or cells, or participants in an event. Since each individual depicted on a link analysis diagram can be shown only once, and some individuals may belong to more than one organization or take part in more than one event, squares or rectangles representing non-personal entities may have to overlap. The following illustration demonstrates that Ralph and Fred are both members of the "Red Fighters," and that Fred also is a member of the "Students for Peace." Further, since Ralph and Fred are shown in the same ''box,'' it is a given that they are mutually associated.
Diagram 12-30.
12-30. There is more to overlapping organizations than is immediately obvious. At first glance, the overlap indicates only that an individual may belong to more than one organization or has taken part in multiple activities. Further study and analysis would reveal connections between organizations, connections between events, or connections between organizations and events, either directly or through persons. The above diagram reveals a more
12-12 6 September 2006
FM 2-22.3
complex connection between organizations, personal connections, and linkages.
12-31. The analysis diagram in paragraph 12-29 shows a connection between organizations and events to which an individual belongs or is associated. In this case, a national government runs a training camp for terrorists. Ahmed, a member of the terrorist group, is associated with the training camp, and participated in the bombing attack. From this diagram, one can link the supporting government to the bombing through the camp and the participant.
12-32. When, as is often the case, an organization or incident depicted in a link analysis diagram contains the names of more than one individual, it is not necessary to draw a solid line between those individuals to indicate connectivity. It is assumed that individual members of the same cell or participants in the same activity know each other, and the connection between them is therefore implied. If the persons are not mutually associated, they cannot be placed in the same ''box.'' Another solution must be found to depict the situation; that is, show the persons as associated with a subordinate or different organization or activity.
12-33. A final set of rules for link analysis diagrams concerns connectivity between individuals who are not members of an organization or participants in an activity, but who are somehow connected to that entity. Two possibilities exist: First, the individual knows a member or members of the organization but is not associated with the organization itself; or second, the person is somehow connected with the organization or activity but cannot be directly linked with any particular member of that entity.
12-34. In the first case, the connectivity line is drawn only between the persons concerned as depicted here:
Diagram 12-34.
8

CELL
6 September 2006 12-13
FM 2-22.3 _
12-35. In the second case, where Smith is associated with the entity, but not
the persons who are members of entity, the situation is shown as depicted
here:
SMITH
CELL
JONES- SOLID LINE – BROWN
12-36. The steps in constructing a link analysis diagram are as follows:
•
Step 1. Raw data or fragments of information are organized into logical order. Names of individuals, organizations, events, and locations are compiled on appropriate lists. At this point, a time event chart may be completed to assist in understanding the information and to arrange events into chronological order.

•
Step 2. Information is entered onto the appropriate matrices, graphically displaying "who is associated with whom" and "who is associated with what."

•
Step 3. Drawing information from the database and intelligence

•
Start with the association matrix and determine which person has the greatest number of personal associations. Depict that person in the center of the page.

reports, and relationships from the matrices, the link analysis
diagram can be constructed. The best method to start the link
analysis diagram is to

• Determine which person has the next highest number of personal associations. Depict that person near the first person.
8 8

12-14   6 September 2006 FM 2-22.3
12-37. Use the association matrix and show all confirmed and suspected personal associations.
12-30: the association matrix with all confirmed and suspected personal associations.
•   Mter all personal associations have been shown on the link analysis diagram, the analyst uses the activities matrix to determine which activities, organizations, or other non-personal entities need to be depicted by appropriate rectangles. Having done so, the lines of connectivity between persons within the rectangles may be removed to prevent clutter. (It is assumed that participants in the same activity or members of the same cell are acquainted.)
oo
8
Figure 12-38: Cell 1
12-38. As shown in Figure 12-4, the link analysis diagram depicts the membership, organization, activities, and connections of the group that, under the leadership of Sheik Omar Abdul Rahman, carried out the bombing of the World Trade Center in New York City and planned other bombing attacks. Together with the time event chart (Figure 12-1), one can gain a basic understanding of the group and its activities, and develop working hypotheses for additional collection and analysis efforts.
12-39. Mter completion of the matrices and the link analysis diagram, the analyst makes recommendations about the group's structure, and areas can be identified for further collection. Collection assets are employed to verify suspected connections, ID key personalities, and substantiate or refute the conclusions and assessments drawn from the link analysis that has been done. The link analysis diagram and thorough analysis of the information it contains can reveal a great deal about an organization. It can identify the group's leadership, its strong and weak points, and operational patterns. The analyst can use these to predict future activities.
Figure 12-38: Cell 2
6 September 2006   12-15
FM 2-22.3 _
OTHER ANALYSIS TOOLS
12-40. Pattern analysis is the process of deducing the doctrine and TTP that threat forces prefer to employ by careful observation and evaluation of patterns in its activities. This technique is based on the premise that threat COAs reflect certain characteristic patterns that can be identified and interpreted. Pattern analysis can be critically important when facing a threat whose doctrine is unknown and it is necessary to create new threat model and doctrinal templates. Three additional tools that can help the analyst to determine operational patterns and create and update their threat model are the coordinates register, pattern analysis plot sheet, and OB factors.
Coordinates Register
12-41. The coordinates register, or incident map, is one type of pattern analysis tool (Figure 12-5). It illustrates cumulative events that have occurred within the AO and focuses on the "where" of an event. The analyst may use multiple coordinates registers that focus on a different subject or blend subjects. Normally, the coordinates register includes additional information such as notes or graphics. The analyst should use the coordinates register in conjunction with the pattern analysis plot sheet.
Figure 12-5: Coordinates Register
FM 2-22.3
Pattern Analysis Plot Sheet
12-42. The analyst uses a pattern analysis plot sheet to focus on the time and
date of each serious incident that takes place within the AO (Figure 12-6)
The rings depict days of the month; the segments depict the hours of the day
As shown in the sheet's legend, the event itself is identified by using an
alphanumeric designation and directly corresponds to the legend used on the
coordinates register. Another type of the pattern analysis plot sheet helps
distinguish patterns in activities that are tied to particular days, dates, or
times. When used in conjunction with the coordinates register and any
doctrinal templates, a pattern analysis plot sheet supplies the bulk of the
data needed to complete an event template.
ACTIVITY AND AREA: McDonough -Schuyler Province (Division AO)

KNOWN COVERAGE GAPS: Colchester, Quincy

MONTH and YEAR: 1 April 01 24/0

LEGEND:
R-Ambush

B-Miscellaneous

L-Raid

DAY.
NOTE: Daily journal number is
listed on calendar Oournal .
cross-references each incident to
a coordinates register).
Figure 12-6. Pattern Analysis Plot Sheet.
6 September 2006 12-17
FM 2-22.3 _
OB Factors
12-43. A final analytical tool is OB. The OB does not predict enemy
intentions or probable COAs but is a means of cataloging intelligence data
that qualifies and quantifies certain aspects of threat units. The analyst uses
nine factors shown in Table 12-1 to focus the analysis. These help the analyst
determine threat capabilities, vulnerabilities, and COAs. Although the
situation may dictate that one or more of the factors are given a higher
priority, generally speaking, they are all of equal importance. The OB
framework, while initially developed to support force-on-force offensive and
defensive operations, is easily adapted to support stability and reconstruction
operations and to depict "unconventional" forces or even civilian
organizations.
Table 12-1. Order of Battle Factors.
Factor Component
Composition • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Unit identification Organization Geographical Location Tactical Deployment Movements Personnel Weapons and Equipment Types of Units Tactical Doctrine Special Operations Individual Unit Specialized Systems Status Funding Combat Experience Morale Tactics Logistics Emitter Type Mode of Emission Frequency Range Location Accuracy for Direction Finding Associated Use (Units or Weapons) Personalities/Leadership Unit History Uniforms and Insignia Code Names and Numbers
Disposition
Strength
Tactics
Training
Logistics
Combat Effectiveness
Electronic Technical Data/Emitter Nomenclature
Miscellaneous

12-44. The OB is based on the premise that there are certain constants to any group activity. All groups whether they are conventional military forces, insurgent groups, or civilian organizations must have an organizational structure (composition). This structure may not be easily discernable but it will exist. Likewise, any organization has a location or locations in which it operates, personnel and equipment numbers, a system for training, getting supplies, judging efficiency and effectiveness of its operations, communi
12-18 6 September 2006 FM 2-22.3
cating, and taking care of other intangibles such as morale. The OB gives the analyst a framework to organize information. The analyst adapts the topic headings to match the particular environment.
HUMINT SOURCE SELECTION
12-45. HUMINT source selection involves identifying, researching, and actively locating a specific group, organization, or individual for the purpose of collecting information in response to intelligence requirements. The HUMINT source selection process includes the C/J/G/S2X, the HOC, the HAT, the OMT, and the HCT. The source selection process allows the HUMINT team leader to identify the most likely source of information, eliminating the uncertainty of the access and placement of sources. Source selection also helps optimize the HUMINT collection effort. Any individual, group, organization, or agency that can be approached for information regarding intelligence requirements is a potential source. Sources are chosen according to their reliability, level of cooperation, and placement and access. Selection is particularly important in stability and reconstruction operations where the HUMINT collectors have access to a large potential source pool. Source selection establishes which current sources can best answer requirements and establishes source profiles to support the screening and selection of new sources.
ESTABLISH DATABASES AND TARGET FOLDERS
12-46. The establishment of local databases, target folders, and personality files is normally the responsibility of the OMT. This is done in coordination with the supporting ACE or analysis control team (ACT). Databases are required to manage the information. By using databases one can identify gaps in the information. The HCT and OMT access higher databases through intelligence reach to share and deconflict locally maintained data with higher level databases. Local databases can be created and used to help track source production, knowledge, reliability, and accuracy, and they simplify crossreference data that is of primarily local interest. It is ideal to review and update databases at least weekly.
12-47. A target folder provides the collector with up-to-date intelligence information about details of the target. It includes anything of HUMINT value including biographies, descriptions, photographs, and previous information reports. The information can be gained from the ACE or ACT, past reports, INTSUMs, and databases; it can then be organized into easily accessible automated folders. Information on people is categorized and recorded in a personality file. The file serves as reference material for collectors. Information on key military and civilian figures can be of significant value when establishing unit or group identification, tactics, and combat effectiveness. The file should not only provide information on cultural, religious, tribal, political, military, criminal, and governmental background but also contain specific personalities for collectors to focus their collection effort on. This allows the collectors to concentrate on mission planning and to conduct their mission rather than to research information.
6 September 2006 12-19
FM 2.22.3 —-'-_
COMPARE SOURCE LIST WITH REQUIREMENTS
12-48. As target folders are compiled, a list of high-value sources will emerge. It is a simple matter to compare the source list with the PIRs and/or SIRs. This will lead to efficient and time-saving missions for the collectors. Rather than spend time meeting with sources who may have information concerning certain subjects, the RCT is able to tackle the collection process with foresight. Upon receipt of the mission, the OMT conducts mission analysis to determine the optimal way to meet mission requirements. Proper mission analysis enables the collector to properly focus his assets (sources) to gain the maximum amount of intelligence from those sources most likely to possess the highest quality information.
12-49. The following products, which will focus the RCT's collection efforts, can be prepared in conjunction with the ACE and joint intelligence centers:
•
Time event charts.

•
Source coverage overlays or matrices (see Figure 12-7).

•
Link analysis diagrams.

•
RUMINT portions of OPORDs and situation reports. 12-50. The source coverage overlay or matrix helps tie in the source coverage to the requirements. It also helps identify gaps in collection. A collection matrix serves the same purpose. It supplies a quick reference when answering intelligence requirements. The matrices must cover both the geographical area and the placement and access of the source. A demographic overlay helps to identify ethnic groups in an area and to track events and

patterns based on religious or ethnic differences. The overlay and matrix are examples of how source coverage can be tied to intelligence requirements.
12-51. Source profiles are vital to screening sources for RUMINT collection
operations and to identifying personnel that might be of interest to other
agencies such asCI and TECRINT. As the situation changes, the RCT might
be tasked with new collection requirements that cannot be answered by the
current sources. The RCT is constantly looking for new and better sources.
When presented with new requirements, the OMT develops a source profile
of the type of individual that would most likely be able to provide the
information required. This profiling can include placement, access, age,
ethnic type, gender, location, occupation, and military specialty. The OMT
first searches through existing local databases to try to get a source match. If
not, it passes the profile to the RCTs along with the requirements to
facilitate their screening of potential sources.
12·20 6 September 2006 6 September 2006 12-21
Figure 12-7. Example of a Source Coverage Overlay or Matrix
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FM 2-22.3
Chapter 13
Automation and Communication
13-1. Modern automation and communications systems are vital to HUMINT collection. Real-time collaboration, detailed operational planning and ISR integration, as well as enhanced collection and source exploitation tools, must support team efforts. Emerging technology continues to allow the entire HUMINT collection system to operate more effectively. Commanders must be prepared to supply their HUMINT collection assets with the best possible technology not only to enhance collection but also to optimize the survivability of the collectors. (See Appendix L.) Commanders may not be able to rely solely on standard military equipment but must be prepared to bridge the inevitable technological development gap through the identification and adaptation of commercially available products and technologies. For specific system components and capabilities, see ST 2-50.
AUTOMATION

13-2. HUMINT automation uses common hardware and software solutions
with a flexible interactive user interface to provide standardization of
equipment and processes across all operational environments and
conditions. HUMINT automation must be deployable and scalable to fit the
mission or force package. System components must be capable of
intelligence reach to support forward-deployed elements. HUMINT
automation allows integration and interaction with existing intelligence
operations, HUMINT operational systems, and databases. This integration
allows operations personnel and analysts to develop plans and levy
collection and operational requirements, as well as to manage, control,
analyze, and report the information collected. HUMINT automation
•
Provides connectivity and reach capability between all echelons of HUMINT activity.

•
Receives higher echelon requirements and transmits requests for information.

•
Converts HUMINT reporting into formats for JTF or coalition task force (CTF), theater, or national consumption.

•
Pushes requirements, requests, and plans for HUMINT operations in theater as required.

•
Maintains the central HUMINT database for the theater or AO.

•
Leverages JTF or CTF, theater, and national level requirements and products for strategic, operational, and tactical HUMINT assets in theater.

13-1
6 September 2006 FM 2-22.3
•
Enables HUMINT to provide accurate and timely correlated information to supported commanders through established reporting channels.

•
Provides automated analysis tools.

13-3. Systems such as Trusted Workstation (TWS) can convert HUMINT reporting into formats for JTF or CTF, theater, or national consumption. TWS can also connect between the SIPRNET and any lower level networks, such as coalition, multinational, or NATO, or unclassified networks such as NIPRNET or the Internet.
COLLECTION SUPPORT AUTOMATION REQUIREMENTS
BIOMETRICS
13-4. Biometrics is the study of measurable biological characteristics. In HUMINT collection, biometric devices, usually computer based, enable the HUMINT collector to use biological data to support the collection and analysis effort. Biometrics can also be used in non-HUMINT efforts to collect and maintain evidence for criminal prosecution. The two major types of biometric data that are useful to the HUMINT collector are identification data and data that indicate source truthfulness. Identification devices use biological information such as fingerprints, voiceprints, facial scans, and retinal scans to match an individual to a source database. They can verify the identity of a specific individual from the target population during screening.
13-5. HCTs may be equipped with portable equipment for collecting, storing, analyzing, forwarding, and retrieving biometric information. The BAT is able to identify personnel by using identifying characteristics of their irises, fingerprints, or facial photograph. The structured query language (SQL) server-based database links identifying characteristics with all previous reports related to the person. Once a person's identifying characteristics are entered into the database, if that person is again detained and scanned, the system has a probability of identifying them that approaches 100 percent. This ability is especially useful for determining if a source is providing the same information to multiple collectors; thereby avoiding false confirmation of information. HUMINT collectors primarily use BAT during screening operations at all echelons; from checkpoint screening, to screening at a DCP, to screening at a JIDC. MPs use the Detainee Reporting System (DRS) during in-processing at internment facilities. The DRS records data for detainee processing and tracking and is intended to interact with the BAT system to avoid duplication of effort.
13-6. The hardware that makes up the system, which is given to MI teams,
. consists of a commercial off-the-shelf (COTS) semi-hardened laptop computer running an operating system with a graphical user interface. It has a camera and an iris scanner, each of which is portable and can be used independent of the computer to collect and temporarily store information. The system also includes a fingerprint scanner that conforms to FBI requirements for admissible evidence. The fingerprint scanner must be attached to the computer during use.
6 September 2006
13-7. Biometric devices such as voice stress analyzer and polygraph support the determination of the truthfulness of a source. The polygraph is of limited usefulness in general HUMINT collection due to the level of expertise needed to operate it and the lack of general availability of the device to the field. As devices are developed that can remotely collect and report information to the HUMINT collector on subtle changes in the source's respiration, heartbeat, perspiration, and eye movement that can be indicators of deceit, they can be used to support HUMINT collection.
MACHINE TRANSLATION AND INTERPRETATION
13-8. Understanding oral and written communication in a foreign language is often the center of effective HUMINT collection operations. The optimal solution is to have an individual who is a trained collector of native proficiency, totally versed in the local situation and US requirements, with the requisite security clearance, who is capable of reporting accurately in English. Commanders' access to such individuals is usually problematic. This requirement is met through a combination of MI linguists, contractors, native speakers within the DOD system, and locally hired civilian translators. Difficulties arise if the proficiency levels of MI linguists are not up to mission requirements, or if the linguists do not possess the proper language for the theater of operation. Using locally hired translators raises security problems. In light of these conditions, an increasingly viable solution for the commander is the use of machine translation devices to meet some of these requirements.
13-9. Voice and text translation machines or software are critical in augmenting available linguists. This includes natural language processing, artificial intelligence, and optical character recognition (OCR) capabilities. The basic application of machine translation, such as speech recognition and OCRs, dramatically increases the speed of processing information. Software programs are becoming widely available that allow a non-linguist to determine the intelligence significance of a foreign document, aid linguists with laborious tasks, and add consistency to human translation.
13-10. Machine interpretation is the use of a machine to interpret the spoken word between the HUMINT collectors and another individual speaking a foreign language. Linguists are in high demand during operations and usually limited in number. As machine interpretation devices that address this problem become available to the field, they will improve the communication ability of non-linguists.
ANALYTICAL AUTOMATION REQUIREMENTS
13-11. The requirement for a robust HUMINT single-discipline analytical capability extends through all echelons from national level to the OMTs. Communication between HUMINT analysts at the operational level and analysts at the staff level may best be accomplished through a web-based communication capability. Web.based visual analytical tools allow maximum analyst participation in the development of products geared to mission planning, targeting, and information analysis at all echelons.
13-36 September 2006 FM 2-22.3
Analytical products must be responsive to the special needs of a specific collection operation, project, or element.
13-12. HUMINT collectors run operations in terrain made up of persons, organizations, and installations of interest. Intelligence analysis support determines the specific terrain in each team area and how it differs from one team's named area of interest (NAI) to another. Specific products include studies on nominated targets (persons, organizations, and installations) and trends based on HUMINT reporting, as appropriate, and visual analysis products (time event charts, matrices, link analysis diagrams, and organizational diagrams).
AUTOMATED ANALYSIS TOOLS
13-13. Automation of HUMINT analytical tools such as time event charts, association matrices, activity matrices, and link analysis diagrams dramatically increase predictive analysis capability. Automation saves time and permits access to more complete information thus producing a more accurate, timely product. Automated analysis techniques, aided by computerized virtual-viewing programs, allow the analyst better battlefield visualization. Automated analysis, linked to data and databases, includes artificial intelligence programs. These programs assist the analyst in developing predictions and identifying information gaps to support targeting and collection. Automation and web-based tools allow the analyst
to
•
Track and cross-cue HUMINT reports.

•
Incorporate data extraction technology, retrieval, automated data organization, content analysis, and visualization.

•
Share analytical conclusions with HUMINT teams and other analysts in real time.

•
Apply multidimensional technologies, content analysis techniques, and web-based collaborations.

•
Display analytical results and view HUMINT operations in real time.

•
Share resources such as models, queries, visualizations, map overlays, geospatial images, and tool outputs through a common interface.

•
Apply clustering (a nonlinear search that compiles the results based on search parameters) and rapid spatial graphical and geographic visualization tools to determine the meaning of large informational streams.

•
Rapidly discover links, patterns, relationships, and trends in text to use in predictive analysis.

•
Capture analytical conclusions and automatically transfer to intelligence databases and systems.

6 September 2006
SEARCH ENGINES
13-14. Search engines provide access to previously collected or known information facilitating the development of comprehensive analytical and intelligence products and avoiding unnecessary collection tasking redundancy. A tool set for data visualization, search, and discovery is required, which is embedded with several software programs for manipulating data from multiple databases. The types of modules in visualization packages should include search engines and knowledge discovery (semantic clustering) for unformatted data, applications for extracting and organizing formatted data, and data labeling. The package should also include a model building tool to enable users to make their archives more efficient with respect to search, retrieval, and compatibility to other applications as well as archiving and maintenance tools to support what will eventually become a large data warehouse. Search engines should be
•
Multilingual and able to query multiple classified and unclassified databases.

•
Capable of developing, querying, and manipulating stored information.

WEB-BASED REPORTING AND PORTALS
13-15. Web-based reporting employs current Internet portal technology. The web-based portal is an efficient and effective means of developing a repository of HUMINT information. It employs an interactive graphic interface using client browser technology, search engines, hyperlinks, and
.intelligent software agents for searching, finding, viewing, and maintaining databases and supporting HUMINT work, data, and information flows. It supports collaborative analysis at multiple echelons through connectivity on the SIPRNET. The following pertains toweb-based reporting:
•
Web-based databases work with any computer hardware, operating system, or software and can be made accessible through web portals.

•
Firewalls and information access are controlled at each level with an approving systems administrator at each level conducting quality control through release authority procedures.

•
Graphic user interface uses standard Army and DOD report formats.

•
Graphic user interface walks the user through a critical task and is able to identify Army and DOD reports as required. Reports must be Army and DOD platform compatible and transferable through and to their respective systems.

•
Multimedia supports applications for attaching, associating, and hyperlinking video, still photographs, voice, scanned objects, graphics, and maps to records and files.

13-16. Web-based reporting and web pages developed for specific products
allow the user t<r
• Leverage their effort and expertise against all requirements, not just the ones that must be met immediately.
6 September 2006
13-5
FM 2-22.3
DATABASES

•
Identify timely intelligence gaps and the leads to fill those gaps.

•
Ensure immediate analytical feedback on collector reports to

•
Post questions directly to a web page to enable all HCTs to answer or be cued to the specific request.

• Identify or request clarification on questionable data for quality control.
•
Fuse HUMINT information and all-source information as required.

•
Focus collection teams supporting maneuver commanders' requirements more effectively.

•
Immediately extract information for crisis reaction.

13-17. If HCTs use web portals to submit reports directly to theater level, they must also send the reports through their OMT for submission to the 2X. Failure to do so may deny the 2X the ability to deconflict and crossreference reports. HUMINT collectors must ensure that they follow the theater-specific methodology for access to the theater web portal.
13-18. Without databases, information is difficult or impossible to retrieve quickly, especially under adverse conditions. Databases allow access to data in a distributed environment and support many complex HUMINT functions and requirements, including
• Mission deconfliction.
•
RM.

•
RFIs.

•
HUMINT analysis.

•
Summary, report, and assessment preparation.

•
Threat and friendly situation tracking.

•
Targeting.

13-19. Databases interact with other tools to support predictive analysis, prepare graphic analytical products, and provide situational understanding down to the HCT. These databases-
•
Support time event charts, association matrices, link analysis, and other analysis tools.

•
Require a designated systems administrator at each. To ensure a high degree of integrity, discrepancies must be verified for accuracy.

• Allow operators, managers, and analysts to
•
Compartment (protect) source-sensitive operational database segments, files, records, and fields.

•
Create, update, and maintain databases from locally generated information.

•
Import complete or partial databases from larger or peer databases.

•
Export complete or partial databases to peer or larger databases.

6 September 2006
•
Share data and databases between peers, subordinates, or higher with appropriate access authorization.

•
Provide systematic processing and automated parsing using standardized forms in intelligence operations, which are automatically parsed into appropriate databases for information storing, sharing, retrieval, and analysis.

•
Allow query functions for decisionmaking as well as operational and analytical support.

•
Provide analytiCal programs able to correlate data that facilitate information retrieval from any data repository.

•
Incorporate information retrieval functions such as browsing (that is, point and click), key word searching, concepts, and similar functions.

•
Support a suite of specialized decision support software (DSS)-a set of tools which supports HUMINT source administration, analysis, and risk management decisions. DSS tools should produce a set of HUMINT reports specifically tailored to the HUMINT decisionmaking, analysis, and assessment process.

13-20. HARMONY is the national intelligence database for foreign DOCEX and translations management. HARMONY is the single, comprehensive bibliographic reference for all available primary source foreign technical and military documents and their translations. This single database concept eliminates duplicate collection, translation, and reporting of primary source foreign technical and military documents and greatly streamlines the process of providing exploited documents to consumers. The HARMONY database application uses the DOD Information Infrastructure (DII) Common Operating Environment (COE) guidance. The HARMONY database is web-enabled and can be readily accessed, easily used, and responsive to the needs of analysts and other consumers within the US Government community.
AUTOMATION SYSTEMS 13-21. The HUMINT collection automation systems are normally shared systems used by both the HUMINT and CI communities. They must have connectivity with lateral units as well as higher and subordinate elements.
C/J/G/S2X, HOC, AND HAT AUTOMATION REQUIREMENTS
13-22. The HUMINT staff elements need to receive input from the OMTs and HCTs as well as input from higher and lateral echelons. They must be able to conduct HUMINT planning, RM, and report dissemination. They must transmit technical support information, interface with ACE and automated analysis systems, manipulate HUMINT databases, conduct reach, and have access to HUMINT analytical tools.
6 September 2006
13-7
FM 2-22.3
OMT AND COLLECTION TEAM LEADER REQUIREMENTS
13-23. The OMT must be able to track teams and team members; receive and transmit data including graphic data to and from higher, lateral, and lower HUMINT elements; create, receive; edit, and transmit reports; conduct single-discipline HUMINT analysis; receive and transmit technical support information and tasking information; conduct reach; and conduct mission planning.
INDIVIDUAL COLLECTOR AUTOMATION REQUIREMENTS
13-24. The key to effective HUMINT collection is unimpeded communication between the collector and the source of information. Any technological support to HUMINT collection must be as unobtrusive as possible to minimize the intimidation factor when dealing with human sources. The individual collector must be able to-
•
Record (both video and voice) conversations with sources.

•
Scan, translate, and transmit documents and photographs.

•
Instantaneously locate themselves in both rural and urban environments.

•
Immediately access local, theater, and even national level databases.

•
Communicate instantaneously with other team elements.

HUMINT AND CI WORKSTATION REQUIREMENTS
13-25. The CI and HUMINT teams have organic computer and data processing equipment. These workstations provide HUMINT and CI teams with both productivity and management and analysis tools. They also provide SIPRNET connectivity and processing capability to identify requirements and facilitate reporting into other DOD systems as required. The HUMINT and CI workstation is able to use standard Army, DOD, and HUMINT and CI reporting programs, standard symbols, programs to produce map overlays, and map plotting software; all of which are included.
13-26. Teams use workstations to
•
Provide quality control and dissemination of reports from the subordinate HCTs.

•
Direct activities of subordinate HCTs and provide management to them.

•
Perform single-discipline HUMINT analysis for the supported commander.

•
Transmit intelligence and administrative reports in NRT to higher headquarters.

•
Receive tasking and administrative reports from higher headquarters and distribute to HCTs as required.

•
Consolidate local databases and provide database input to higher headquarters.

•
Receive database and digital information from higher headquarters and pass to lower and vice versa.

6 September 2006
COMMUNICATIONS
13-27. Successful HUMINT operations must be supported by multi-echelon technical control and a communications system that provides internal team communications, links HCTs to OMTs, and links OMTs to higher headquarters, analytical elements, and theater and national agencies.
COMMUNICATION ARCHITECTURE
13-28. The HUMINT collection architecture requires operation on several communications and processing nets. These nets provide the framework needed to coordinate the tasking, reporting, C2, and service support of HUMINT collection units spread across the width and depth of the battlefield. Under most operational scenarios, HCTs are not stationary. They are constantly moving throughout their supported command's AO and are able to communicate on the move. They cannot rely on fixed communications nodes for support. Communications redundancy ensures the loss of anyone system does not severely disrupt HUMINT operations. HCTs and OMTs normally operate at the collateral security level to ensure the timely dissemination of combat information and targeting data to organizations operating outside MI channels. The C/J/G/S2X normally requires access to Top Secret (SCI) communications capabilities to maintain coordination with national level agencies.
13-29. The HUMINT collection assets use three basic communications nets:
the operations and intelligence (O/I) net, a command net, and a HUMINT
specific technical net. Dependent on their mission and battlefield location,
the HCTs may also need to monitor the fire support element (FSE),
aviation, or air defense artillery (ADA) communications nets.
•
The O/I net links the collectors and producers of intelligence to the consumers of the intelligence information. It is used to pass information of immediate value to the affected unit and to analytical elements at the supported unit.

•
The command nets exist at every echelon of command. They link the superior headquarters with its subordinate elements. Normally a unit will operate on two command nets; the one that links that unit to its higher headquarters and the one that links that unit to its subordinate elements. HUMINT elements will also use their unit's command net to coordinate logistic and administrative support.

•
The technical nets link the control team to all of their subordinate collection teams and to the centers or organizations that provide the databases and technical guidance necessary for single-discipline collection and analysis. For example, the technical net would connect HCTs through their control teams to the S2X and higher echelon HUMINT analysis organizations.

13-9
6 September 2006 FM 2-22.3
MOBILE COMMUNICATIONS REQUIREMENTS
13-30. HUMINT mobile communications requirements augment the
network connectivity that elements should have when at a base camp or
facility; they vary with each element's mission and location as follows:
•
Individual HUMINT collectors must maintain communications capability with the other team members and the team leader while dismounted. HUMINT collectors, especially when supporting offensive and defensive operations, may be deployed as individuals. They need to maintain contact with their team leader for technical and operational support.

•
The HCT may operate anywhere within the supported unit's AO. They may operate mounted or dismounted. If supporting airmobile, airborne, amphibious, or other mobile operations, they may not have access to their vehicle-mounted communications systems for the critical early stages of these operations. They receive and report operational and technical information, as well as report intelligence information to the OMT using their unit's command net. They monitor their superior unit's 0/1 net. If in DS to a maneuver element, they also monitor the command net of the unit they are supporting.

•
OMTs normally operate on the superior unit 0/1 net, their unit C2 net, and the HUMINT technical net. If the OMT is in DS, it must also operate on the C2 net of the supported unit.

•
The C/J/G/S2X operates on the C2 net, monitors the 0/1 net, and controls its echelon HUMINT technical net. The 2X needs secure (SCI) communications capability to coordinate operations and pass data between themselves and higher HUMINT organizations.

13-10 6 September 2006
Appendix A
Geneva Conventions
SECTION I. GENEVA CONVENTIONS RELATIVE TO THE TREATMENT OF

PRISONERS OF WAR (THIRD GENEVA CONVENTION)

The articles in this section are extracted from the Geneva Convention Relative to the Treatment of Prisoners of War, 12 August 1949.
PART I GENERAL PROVISIONS
ARTICLE 1
The High Contracting Parties undertake to respect and to ensure respect for the present

Convention in all circumstances.

ARTICLE 2
In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of. them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a

High Contracting Party, even if the said occupation meets with no armed resistance.

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, ifthe latter accepts and applies the provisions thereof.
ARTICLE 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:
L Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
A-16 September 2006 FM 2-22.3
(a)
Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b)
Taking of hostages;

(d)
The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may
offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavor to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the
conflict.

ARTICLE 4
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the
following categories, who have fallen into the power of the enemy:

1.
Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

2.
Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:

(a)
That of being commanded by a person responsible for his subordinates;

(b)
That of having a fixed distinctive sign recognizable at a distance;

(d)
That of conducting their operations in accordance with the laws and customs of war.

3.
Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

4.
Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labor units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

6 September 2006
5.
Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment under any other provisions of international law.

6.
Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated a.s prisoners of war under the present Convention:
1.
Persons belonging, or having belonged, to the armed forces of the occupied country, ifthe occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.

2.
The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favorable treatment which these Powers may choose to give and with the exception ofArticles 8, 10, 15, 30, fIfth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.

C. This Article shall in no way affect the status of medical personnel and chaplains as provided

for in Article 33 of the present Convention.

ARTICLE 5
The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.
ARTICLE 6
In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of prisoners of war, as defined by the present Convention, nor restrict the rights which it confers upon them.
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Prisonersof warshallcontinueto havethebenefitofsuch agreementsaslongasthe Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favorable measures have been taken with regard to them by one or other of the Parties to the conflict.
ARTICLE 7
Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to
them by the present Convention, and by the special agreements referred to in the foregoing
Article, if such there be.
ARTICLE 8
The present Convention shall be applied with the cooperation and under the scrutiny of the
Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For
this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff,
delegates from amongst their own nationals or the nationals of other neutral Powers. The said
delegates shall be subject to the approval of the Power with which they are to carry out their
duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of the
representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed their
mission under the present Convention. They shall, in particular, take account of the imperative
necessities of security of the State wherein they carry out their duties.

ARTICLE 9
The provisions of the present Convention constitute no obstacle to the humanitarian activities
which the International Committee of the Red Cross or any other impartial humanitarian
organization may, subject to the consent of the Parties to the conflict concerned, undertake for
the protection of prisoners of war and for their relief.
ARTICLE 10
The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention.
When prisoners of war do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention.
6 September 2006
Any neutral Power or any organization invited by the Power concerned or offering itself for these
purposes, shall be required to act with a sense of responsibility towards the Party to the conflict
on which persons protected by the present Convention depend, and shall be required to furnish
sufficient assurances that it is in a position to undertake the appropriate functions and to
discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements between
Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other
Power or its allies by reason of military events, more particularly where the whole, or a
substantial part, of the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power, such mention
applies to substitute organizations in the sense of the present Article.
ARTICLE 11
In cases where they deem it advisable in the interest of protected persons, particularly in cases of

disagreement between the Parties to the conflict as to the application or interpretation of the

provisions of the present Convention, the Protecting Powers shall lend their good offices with a

view to settling the disagreement.

For this purpose, each propose to the Parties of the Protecting Powers may, either at the
invitation of one Party or on its own initiative, to the conflict a meeting of their representatives,
and in particular of the authorities responsible for prisoners of war, possibly on neutral territory
suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to
them for this purpose. The Protecting Powers may, if necessary, propose for approval by the
Parties to the conflict a person belonging to a neutral Power, or delegated by the International
Committee of the Red Cross, who shall be invited to take part in such a meeting.
PART II GENERAL PROTECTION OF PRISONERS OF WAR
ARTICLE 12
Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.
Nevertheless if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the PROTECTING Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with.
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ARTICLE 13
Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the
Detaining Power causing death or seriously endangering the health of a prisoner of war in its
custody is prohibited, and will be regarded as a serious breach of the present Convention. In
particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific
experiments of any kind which are not justified by the medical, dental or hospital treatment of
the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
ARTICLE 14
Prisoners of war are entitled in all circumstances to respect for their persons and their honor. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favorable as that granted to men. Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires.
ARTICLE 15
The Power detaining prisoners of war shall be bound to provide free of charge for their
maintenance and for the medical attention required by their state of health.
ARTICLE 16
Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.
PART III CAPTIVITY
SECTION I BEGINNING OF CAPTIVITY
ARTICLE 17
Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. Ifhe willfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status.
Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner's surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The
6 September 2006
identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and

may bear, as well, any other information the Party to the conflict may wish to add concerning

persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and

shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon

demand, but may in no case be taken away from him.

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of
war to secure from them information of any kind whatever. Prisoners of war who refuse to
answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous
treatment of any kind.
Prisoners of war who, owing to their physical or mental condition, are unable to state their
identity, shall be handed over to the medical service. The identity of such prisoners shall be
established by all possible means, subject to the provisions of the preceding paragraph.
The questioning of prisoners of war shall be carried out in a language which they understand.
ARTICLE 18
All effects and articles of personal use, except arms, horses, military equipment and military
documents shall remain in the possession of prisoners of war, likewise their metal helmets and
gas masks and like articles issued for personal protection. Effects and articles used for their
clothing or feeding shall likewise remain in their possession, even if such effects and articles
belong to their regulation military equipment.
At no time should prisoners of war be without identity documents. The Detaining Power shall
supply such documents to prisoners of war who possessnone.
Badges of rank and nationality, decorations and articles having above all a personal or
sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner's request, shall be placed to the credit of the prisoner's account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply.
Such objects, likewise the sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity.
ARTICLE 19
Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger.
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Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being
evacuated than by remaining where they are, may be temporarily kept back iIi a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a
fighting zone.
ARTICLE 20
The evacuation of prisoners of war shall always be effected humanely and in conditions similar
to those for the forces of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food
and potable water, and with the necessary clothing and medical attention. The Detaining Power
shall take all suitable precautions to ensure their safety during evacuation, and shall establish
as soon as possible a list of the prisoners of war who are evacuated.
Ifprisoners of war must, during evacuation, pass through transit camps, their stay in such
camps shall be as brief as possible.
SECTION II INTERNMENT OF PRISONERS OF WAR
CHAPTER I GENERAL OBSERVATIONS
ARTICLE 21
The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary.
Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by the laws of the Power on which they depend. Such measures shall be taken particularly in cases where this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to accept liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the laws and regulations allowing or forbidding its own nationals to accept liberty on parole or promise. Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so notified, are bound on their personal honor scrupulously to fulfil, both towards the Power on which they depend and towards the Power which has captured them, the engagements of their paroles or promises. In such cases, the Power on which they depend is bound neither to require nor to accept from them any service incompatible with the parole or promise given.
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ARTICLE 22
Prisoners of war may be interned only in premises located on land and affording every guarantee

of hygiene and healthfulness. Except in particular cases which are justified by the interest of the

prisoners themselves, they shall not be interned in penitentiaries.

Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be

removed as soon as possible to a more favorable climate.

The Detaining Power shall assemble prisoners of war in camps or camp compounds according to

their nationality, language and customs, provided that such prisoners shall not be separated

from prisoners of war belonging to the armed forces with which they were serving at the time of

their capture, except with their consent.

ARTICLE 23
No prisoner of war may at any time be sent to or detained in areas where he may be exposed to
the fire of the combat zone, nor may his presence be used to render certain points or areas
immune from military operations.
Prisoners of war shall have shelters against air bombardment and other hazards of war, to the
same extent as the local civilian population. With the exception of those engaged in the
protection of their quarters against the aforesaid hazards, they may enter such shelters as soon
as possible after the giving of the alarm. Any other protective measure taken in favor of the
population shall also apply to them.
Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting
Powers, all useful information regarding the geographical location of prisoner of war camps.
Whenever military considerations permit, prisoner of war camps shall be indicated in the
daytime by the letters PW or PG, placed so as to be clearly visible from the air. The Powers
concerned may, however, agree upon any other system of marking. Only prisoner of war camps
shall be marked as such.
ARTICLE 24
Transit or screening camps of a permanent kind shall be fitted out under conditions similar to
those described in the present Section, and the prisoners therein shall have the same treatment
as in other camps.
CHAPTER II QUARTERS, FOOD AND CLOTHING OF PRISONERS OF WAR
ARTICLE 25
Prisoners of war shall be quartered under conditions as favorable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health.
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The foregoing provisions shall apply in particular to the dormitories of prisoners of war as
regards both total surface and minimum cubic space, and the general installations, bedding and
blankets.
The premises provided for the use of prisoners of war individually or collectively, shall be entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire.
In any camps in which women prisoners of war, as well as men, are accommodated, separate
dormitories shall be provided for them.
ARTICLE 26
The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such additional rations as are
necessary for the labor on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be
permitted.
Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
ARTICLE 27
Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities
by the Detaining Power, which shall make allowance for the climate of the region where the
prisoners are detained. Uniforms of enemy armed forces captured by the Detaining Power
should, if suitable for the climate, be made available to clothe prisoners of war.
The regular replacement and repair of the above articles shall be assured by the Detaining
Power. In addition, prisoners of war who work shall receive appropriate clothing, wherever the
nature of the work demands.
ARTICLE 28
Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market prices. The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall be created for this purpose. The prisoners' representative shall have the right to collaborate in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be handed to an international welfare organization, to be employed for the benefit of prisoners of war of the same
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nationality as those who have contributed to the fund. In case of a general repatriation, such
profits shall be kept by the Detaining Power, subject to any agreement to the contrary between
the Powers concerned
CHAPTER III HYGIENE AND MEDICAL ATTENTION
ARTICLE 29
The Detaining Power shall be bound to take all sanitary measures necessary to ensure the
cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, conveniences which conform to the rules
of hygiene and are maintained in a constant state of cleanliness. In any camps in which women
prisoners of war are accommodated, separate conveniences shall be provided for them.

Also, apart from the baths and showers with which the camps shall be furnished, prisoners of
war shall be provided with sufficient water and soap for their personal toilet and for washing
their personal laundry; the necessary installations, facilities and time shall be granted them for
that purpose.
ARTICLE 30
Every camp shall have an adequate infirmary where prisoners of war may have the attention
they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside for cases
of contagious or mental disease.

Prisoners of war suffering from serious disease, or whose condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality.
Prisoners of war may not be prevented from presenting themselves to the medical authorities for examination. The detaining authorities shall, upon request, issue to every prisoner who has undergone treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency.
The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power.
ARTICLE 31
Medical inspections of prisoners of war shall be held at least once a month. They shall include the checking and the recording of the weight of each prisoner of war. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this
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purpose the most efficient methods available shall be employed, e.g. periodic mass miniature
radiography for the early detection of tuberculosis.
ARTICLE 32
Prisoners of war who, though not attached to the medical service of their armed forces, are
physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining
Power to exercise their medical functions in the interests of prisoners of war dependent on the
same Power. In that case they shall continue to be prisoners of war, but shall receive the same
treatment as corresponding medical personnel retained by the Detaining Power. They shall be
exempted from any other work under Article 49.
Chapter IV Medical Personnel and Chaplains Retained To Assist Prisoners Of War
ARTICLE 33
Members of the medical personnel and chaplains while retained by the Detaining Power with a
view to assisting prisoners of war, shall not be considered as prisoners of war. They shall,
however, receive as a minimum the benefits and protection of the present Convention, and shall
also be granted all facilities necessary to provide for the medical care of, and religious
ministration to, prisoners of war.
They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions:
(a)
They shall be authorized to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport.

ARTICLE 34
Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including
attendance at the service of their faith, on condition that they comply with the disciplinary
routine prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held.
ARTICLE 35
Chaplains who fall into the hands of the enemy Power and who remain or are retained with a
view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely
their ministry amongst prisoners of war of the same religion, in accordance with their religious
conscience. They shall be allocated among the various camps and labor detachments containing
prisoners of war belonging to the same forces, speaking the same language or practicing the
same religion. They shall enjoy the necessary facilities, including the means of transport
provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free
to correspond, subject to censorship, on matters concerning their religious duties with the
ecclesiastical authorities in the country of detention and with international religious
organizations. Letters and cards which they may send for this purpose shall be in addition to the
quota provided for in Article 71.

ARTICLE 36
Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work.
ARTICLE 37
When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners' or a similar denomination, or in his absence a qualified layman, ifsuch a course is feasible from a confessional point of view, shall be appointed, at the request of the prisoners concerned, to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security.
ARTICLE 38
While respecting the individua,l preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment.
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Prisoners shall have opportunities for taking physical exercise, including sports and games, and
for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps.
CHAPTER VI DISCIPLINE
ARTICLE 39
Every prisoner of war camp shall be put under the immediate authority of a responsible
commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer
shall have in his possession a copy of the present Convention; he shall ensure that its provisions
are known to the camp staff and the guard and shall be responsible, under the direction of his
government, for its application.
Prisoners of war, with the exception of officers, must salute and show to all officers of the
Detaining Power the external marks of respect provided for by the regulations applying in their
own forces.
Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank.
ARTICLE 40
The wearing of badges of rank and nationality, as well as of decorations, shall be permitted.
ARTICLE 41
In every camp the text of the present Convention and its Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners' own language, at places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted.
Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners' representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand.
ARTICLE 42
The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances.
CHAPTER VII RANK OF PRISONERS OF WAR
ARTICLE 43
Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and ranks of all the persons mentioned in Article 4 of the present Convention, in order to ensure equality of treatment between prisoners of equivalent rank. Titles and ranks which are subsequently created shall form the subject of similar communications.
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The Detaining Power shall recognize promotions in rank which have been accorded to prisoners
of war and which have been duly notified by the Power on which these prisoners depend.
ARTICLE 44
Officers and prisoners of equivalent status shall be treated with the regard due to their rank and

age.

In order to ensure service in officers' camps, other ranks of the same armed forces who, as far as

possible, speak the same language, shall be assigned in sufficient numbers, account being taken

of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to

perform any other work.

Supervision of the mess by the officers themselves shall be facilitated in every way.
ARTICLE 45
Prisoners of war other than officers and prisoners of equivalent status shall be treated with the

regard due to their rank and age.

Supervision of the mess by the prisoners themselves shall be facilitated in every way.
CHAPTER VIII TRANSFER OF PRISONERS OF WAR AFTER THEIR ARRIVAL IN CAMP
ARTICLE 46
The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into
account the interests of the prisoners themselves, more especially so as not to increase the
difficulty of their repatriation.
The transfer of prisoners of war shall always be effected humanely and in conditions not less favorable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer with sufficient food and drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure their safety during transfer, and shall draw up a complete list of all transferred prisoners before their departure.
ARTICLE 47
Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it.
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Ifthe combat zone draws closer to a camp, the prisoners of war in the said camp shall not be
transferred unless their transfer can be carried out in adequate conditions of safety, or ifthey
are exposed to greater risks by remaining on the spot than by being transferred.
ARTICLE 48
In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the correspondence and
parcels which have arrived for them. The weight of such baggage may be limited, if the
conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no
case be more than twenty-five kilograms per head.
Mail and parcels addressed to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoners' representative, any measures needed to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this Article.
The costs of transfers shall be borne by the Detaining Power.
SECTION III LABOR OF PRISONERS OF WAR
ARTICLE 49
The Detaining Power may utilize the labor of prisoners of war who are physically fit, taking into
account their age, sex, rank and physical aptitude, and with a view particularly to maintaining
them in a good state of physical and mental health.

Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them.
Ifofficers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work.
ARTICLE 50
Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes:
(a)
Agriculture;

(b)
Industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose;

(d)
Commercial business, and arts and crafts;

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(e)
Domestic service;

(f)
Public utility services having no military character or purpose.

Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right

of complaint, in conformity with Article 78.

ARTICLE 51
Prisoners of war must be granted suitable working conditions, especially as regards
accommodation, food, clothing and equipment; such conditions shall not be inferior to those
enjoyed by nationals of the Detaining Power employed in similar work; account shall also be
taken of climatic conditions.
The Detaining Power, in utilizing the labor of prisoners of war, shall ensure that in areas in
which prisoners are employed, the national legislation concerning the protection oflabor, and,
more particularly, the regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with the means of protection suitable to
the work they will have to do and similar to those accorded to the nationals of the Detaining
Power. Subject to the provisions of Article 52, prisoners may be submitted to the normal risks
run by these civilian workers.
Conditions of labor shall in no case be rendered more arduous by disciplinary measures.
ARTICLE 52
Unless he be a volunteer, no prisoner of war may be employed on labor which is of an unhealthy
or dangerous nature.
No prisoner of war shall be assigned to labor which would be looked upon as humiliating for a
member of the Detaining Power's own forces.
The removal of mines or similar devices shall be considered as dangerous labor.
ARTICLE 53
The duration of the daily labor of prisoners of war, including the time of the journey to and fro,
shall not be excessive, and must in no case exceed that permitted for civilian workers in the
district, who are nationals of the Detaining Power and employed on the same work.
Prisoners of war must be allowed, in the middle of the day's work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is oflonger duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him.
Ifmethods of labor such as piecework are employed, the length of the working period shall not be rendered excessive thereby.
6 September 2006 A-17 FM 2-22.3
ARTICLE 54
The working pay due to prisoners of war shall be fixed in accordance with the provisions of
Article 62 of the present Convention.
Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or in consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123.
ARTICLE 55
The fitness of prisoners of war for work shall be periodically verified by medical examinations at
least once a month. The examinations shall have particular regard to the nature of the work
which prisoners of war are required to do.
Ifany prisoner of war considers himself incapable of working, he shall be permitted to appear
before the medical authorities of his camp. Physicians or surgeons may recommend that the
prisoners who are, in their opinion, unfit for work, be exempted therefrom.
ARTICLE 56
The organization and administration of labor detachments shall be similar to those of prisoner of war camps.
Every labor detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the commander of the said camp shall be responsible, under the direction of their government, for the observance of the provisions of the present Convention in labor detachments.
The camp commander shall keep an up-to-date record of the labor detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp.
ARTICLE 57
The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war.
Such prisoners of war shall have the right to remain in communication with the prisoners' representatives in the camps on which they depend.
A-18 6 September 2006
SECTION IV FINANCIAL RESOURCES OF PRISONERS OF WAR
ARTICLE 58
Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting

Power, the Detaining Power may determine the maximum amount of money in cash or in any

similar form that prisoners may have in their possession. Any amount in excess, which was

properly in their possession and which hasbeen taken or withheld from them, shall be placed to

their account, together with any monies deposited by them, and shall not be converted into any

other currency without their consent.

Ifprisoners of war are permitted to purchase services or commodities outside the camp against
payment in cash, such payments shall be made by the prisoner himself or by the camp
administration who will charge them to the accounts of the prisoners concerned. The Detaining
Power will establish the necessary rules in this respect.
ARTICLE 59
Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their
capture, and which is in the currency of the Detaining Power, shall be placed to their separate
accounts, in accordance with the provisions ofArticle 64 of the present Section.
The amounts, in the currency of the Detaining Power, due to the conversion of sums in other
currencies that are taken from the prisoners of war at the same time, shall also be credited to
their separate accounts.
ARTICLE 60
The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of

which shall be fIxed by conversion, into the currency of the said Power, of the following amounts:

Category I: Prisoners ranking below sergeant: eight Swiss francs.
Category II: Sergeants and other non-commissioned offIcers, or prisoners of equivalent rank:
twelve Swiss francs.
Category III: Warrant offIcers and commissioned offIcers below the rank of major or prisoners
of equivalent rank: fIfty Swiss francs.
Category IV: Majors, lieutenant colonels, colonels or prisoners of equivalent rank: sixty Swiss
francs.
Category V: General offIcers or prisoners of equivalent rank: seventy-fIve Swiss francs.
However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the fIrst paragraph above would be unduly high compared with the pay of the Detaining Power's armed forces or would, for any reason, seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power:
6 September 2006 A-19 FM 2-22.3
(a)
Shall continue to credit the accounts of the prisoners with the amounts indicated in the first paragraph above; .

(b)
May temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces.

The reasons for any limitations will be given without delay to the Protecting Power.
ARTICLE 61
The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions ofArticle 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention.
ARTICLE 62
Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades.
The working pay of the prisoners' representative, of his advisers, if any, and of his assistants,
shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall
be fixed by the prisoners' representative and approved by the camp commander. Ifthere is no
such fund, the detaining authorities shall pay these prisoners a fair working rate of pay.
ARTICLE 63
Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively.
Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependants shall be given priority.
In any event, and subject to the consent of the Power on which they depend, prisoners may have payments made in their own country, as follows: the Detaining Power shall send to the aforesaid
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Power through the Protecting Power a notification giving all the necessary particulars
concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums
to be paid, expressed in the Detaining Power's currency. The said notification shall be signed by
the prisoners and countersigned by the camp commander. The Detaining Power shall debit the

prisoners' account by a corresponding amount; the sums thus debited shall be placed by it to the
credit of the Power on which the prisoners depend.
To apply the foregoing provisions, the Detaining Power may usefully consult the Model
Regulations in Annex V of the present Convention.
ARTICLE 64
The Detaining Power shall hold an account for each prisoner of war, showing at least the
following:
1.
The amounts due to the prisoner or received by him as advances of pay, as working payor derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power.

2.
The payments made to the prisoner in cash, or in any other similar form; the payments
made on his behalf and at his request; the sums transferred under Article 63, third
paragraph.

ARTICLE 65
Every item entered in the account of a prisoner of war shall be countersigned or initialed by him,
or by the prisoners' representative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining
copies of their accounts, which may likewise be inspected by the representatives of the Protecting
Powers at the time of visits to the camp.

When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to each other at specific intervals
through the Protecting Power, the amount of the accounts of the prisoners of war.
ARTICLE 66
On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorized representative of the Detaining Power.
6 September 2006 A-21 FM 2-22.3
Any of the above provisions of this Article may be varied by mutual agreement between any two
Parties to the conflict.
The Power on which the prisoner of war depends shall be responsible for settling with him any
credit balance due to him from the Detaining Power on the termination of his captivity.
ARTICLE 67
Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as
made on behalf of the Power on which they depend. Such advances of pay, as well as all
payments made by the said Power under Article 63, third paragraph, and Article 68, shall form
the subject of arrangements between the Powers concerned, at the close of hostilities.
ARTICLE 68
Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Prisoners of War Agency provided for in Article 123.
SECTION V RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
ARTICLE 69
Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures.
ARTICLE 70
Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central
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Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if

possible, to the model annexed to the present Convention, informing his relatives of his capture,

address and state of health. The said cards shall be forwarded as rapidly as possible and may not

be delayed in any manner.

ARTICLE 71
Prisoners of war shall be allowed to send and receive letters and cards. Ifthe Detaining Power

deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said

number shall not be less than two letters and four cards monthly, exclusive of the capture cards

provided for in Article 70, and conforming as closely as possible to the models annexed to the

present Convention. Further limitations may be imposed only if the Protecting Power is satisfied

that itwould be in the interests of the prisoners of war concerned to do so owing to difficulties of

translation caused by the Detaining Power's inability to find sufficient qualified linguists to

carry out the necessary censorship. Iflimitations must be placed on the correspondence

addressed to prisoners of war, they may be ordered only by the Power on which the prisoners

depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed

by the most rapid method at the disposal of the Detaining Power; they may not be de1l1yed or

retained for disciplinary reasons.

Prisoners of war who have been without news for a long period, or who are unable to receive
news from their next of kin or to give them news by the ordinary postal route, as well as those
who are at a great distance from their homes, shall be permitted to send telegrams, the fees
being charged against the prisoners of war's accounts with the Detaining Power or paid in the
currency at their disposal. They shall likewise benefit by this measure in cases of urgency.
As a general rule, the correspondence of prisoners of war shall be written in their native
language. The Parties to the conflict may allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed and labeled so as clearly to
indicate their contents, and must be addressed to offices of destination.
ARTICLE 72
Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention.
The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the
A-236 September 2006 FM 2-22.3
receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and
foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. .
ARTICLE 73
In the absence of special agreements between the Powers concerned on the conditions for the
receipt and distribution of collective relief shipments, the rules and regulations concerning
collective shipments, which are annexed to the present Convention, shall be applied.
The special agreements referred to above shall in no case restrict the right of prisoners'
representatives to take possession of collective relief shipments intended for prisoners of war, to
proceed to their distribution or to dispose of them in the interest of the prisoners.
Nor shall such agreements restrict the right of representatives of the Protecting Power, the
International Committee of the Red Cross or any other organization giving assistance to
prisoners of war and responsible for the forwarding of collective shipments, to supervise their
distribution to the recipients.
ARTICLE 74
All relief shipments for prisoners of war shall be exempt from import, customs and other dues.
Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or dispatched by them through the post office, either direct or through the Information Bureau provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and in intermediate countries.
Ifrelief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its controL The other Powers party to the Convention shall bear the cost of transport in their respective territories.
In the absence of special agreements between the Parties concerned, the costs connected with
transport of such shipments, other than costs covered by the above exemption, shall be charged
to the senders.
The High Contracting Parties shall endeavor to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them.
ARTICLE 75
Should military operations prevent the Powers concerned from fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the coriflict may undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavor to supply them with such transport and to allow its circulation, especially by granting the necessary safe-conducts.
A-24 6 September 2006
Such transport may also be used to convey:
(a)
Correspondence, lists and reports exchanged between the Central Information Agency
referred to in Article 123 and the National Bureau referred to in Article 122;

(b)
Correspondence and reports relating to prisoners of war which the Protecting Powers, the International Committee of the Red Cross or any other body assisting the prisoners, exchange either with their own delegates or with the Parties to the conflict.

ARTICLE 76
The censoring of correspondence addressed to prisoners of war or dispatched by them shall be
done as quickly as possible. Mail shall be censored only by the dispatching State and the
receiving State, and once only by each.
The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellowprisoner duly delegated by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship.
Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible.
ARTICLE 77
The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123, of instruments, papers or documents intended for prisoners of war or dispatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such documents on behalfof prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signatures.
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FM 2-22.3
SECTION VI RELATIONS BETWEEN PRISONERS OF WAR AND THE
AUTHORITIES

CHAPTER I COMPLAINTS OF PRISONERS OF WAR RESPECTING

THE CONDITIONS OF CAPTIVITY

ARTICLE 78
Prisoners of war shall have the right to make known to the military authorities in whose power
they are, their requests regarding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the representatives of the Protecting
Powers either through their prisoners' representative or, if they consider it necessary, direct, in
order to draw their attention to any points on which they may have complaints to make
regarding their conditions of captivity.
These requests and complaints shall not be limited nor considered to be a part of the
correspondence quota referred to in Article 71. They must be transmitted immediately. Even if
they are recognized to be unfounded, they may not give rise to any punishment.
Prisoners' representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers.
CHAPTER II PRISONER OF WAR REPRESENTATIVES
ARTICLE 79
In all places where there are prisoners of war, except in those where there are officers, the
prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies,
prisoners' representatives entrusted with representing them before the military authorities, the
Protecting Powers, the International Committee of the Red Cross and any other organization
which may assist them. These prisoners' representatives shall be eligible for re-election.
In camps for officers and persons of equivalent status or in mixed camps, the senior officer
among the prisoners of war shall be recognized as the camp prisoners' representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not officers and shall be
elected by them.
Officer prisoners of war of the same nationality shall be stationed in labor camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of this Article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of war who are not officers.
Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal.
A-26 6 September 2006
In all cases the prisoners' representative must have the same nationality, language and customs

as the prisoners of war whom he represents. Thus, prisoners of war distributed in different

sections of a camp, according to their nationality, language or customs, shall have for each

section their own prisoners' representative, in accordance with the foregoing paragraphs.

ARTICLE 80
Prisoners' representatives shall further the physical, spiritual and intellectual well being of
prisoners of war.
In particular, where the prisoners decide to organize amongst themselves a system of mutual
assistance, this organization will be within the province of the prisoners' representative, in
addition to the special duties entrusted to him by other provisions of the present Convention.
Prisoners' representatives shall not be held responsible, simply by reason of their duties, for any
offences committed by prisoners of war.
ARTICLE 81
Prisoners' representatives shall not be required to perform any other work, ifthe
accomplishment of their duties is thereby made more difficult.
Prisoners' representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labor detachments, receipt of supplies, etc.).
Prisoners' representatives shall be permitted to visit premises where prisoners of war are
detained, and every prisoner of war shall have the right to consult freely his prisoners' representative.
All facilities shall likewise be accorded to the prisoners' representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to prisoners of war. Prisoners' representatives of labor detachments shall enjoy the same facilities for communication with the prisoners' representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71.
Prisoners' representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs.
In case of dismissal, the reasons therefor shall be communicated to the Protecting Power.
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FM 2-22.3
CHAPTER III PENAL AND DISCIPLINARY SANCTIONS
I. GENERAL PROVISIONS
ARTICLE 82
A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only.
ARTICLE 83
In deciding whether proceedings in respect of an offence alleged to have been committed by a
prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the
competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary
rather than judicial measures.
ARTICLE 84
A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defense provided for in Article 105.
ARTICLE 85
Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention.
ARTICLE 86
No prisoner of war may be punished more than once for the same act, or on the same charge.
ARTICLE 87
Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts.
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When fixing the penalty, the courts or authorities of the Detaining Power shall take into

consideration, to the widest extent possible, the fact that the accused, not being a national of the

Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the

result of circumstances independent of his own will. The said courts or authorities shall be at

liberty to reduce the penalty provided for the violation of which the prisoner of war is accused,

and shall therefore not be bound to apply the minimum penalty prescribed.

Collective punishment for individual acts, corporal punishments, imprisonment in premises
without daylight and, in general, any form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from
wearing his badges.
ARTICLE 88
Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary
or judicial punishment, shall not be subjected to more severe treatment than that applied in
respect of the same punishment to members of the armed forces of the Detaining Power of
equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or

treated whilst undergoing punishment more severely, than a woman member of the armed forces

of the Detaining Power dealt with for a similar offence.

In no case maya woman prisoner of war be awarded or sentenced to a punishment more severe,
or treated whilst undergoing punishment more severely, than a male member of the armed
forces of the Detaining Power dealt with for a similar offence.

Prisoners of war who have served disciplinary or judicial sentences may not be treated
differently from other prisoners of war.
II. DISCIPLINARY SANCTIONS
ARTICLE 89
The disciplinary punishments applicable to prisoners of war are the following:
1.
A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions ofArticles 60 and 62 during a period of not more than thirty days.

2.
Discontinuance of privileges granted over and above the treatment provided for by the

present Convention.

3.
Fatigue duties not exceeding two hours daily.

4.
Confinement.

The punishment referred to under (3) shall not be applied to officers.
In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war. .
6 September2006 A-29 FM 2-22.3
ARTICLE 90
The duration of any single punishment shall in no case exceed thirty days. Any period of
confinement awaiting the hearing of a disciplinary offence or the award of disciplinary
punishment shall be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not.
The period between the pronouncing of an award of disciplinary punishment and its execution
shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment, a period of at least three
days shall elapse between the execution of any two of the punishments, if the duration of one of
these is ten days or more.

ARTICLE 91
The escape of a prisoner of war shall be deemed to have succeeded when:
1.
He has joined the armed forces of the Power on which he depends, or those of an allied Power;

2.
He has left the territory under the control of the Detaining Power, or of an ally of the said Power;

3.
He has joined a ship flying the flag of the Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last-named Power.

Prisoners of war who have made good their escape in the sense of this Article and who are
recaptured, shall not be liable to any punishment in respect of their previous escape.
ARTICLE 92
A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even ifit is a repeated offence.
A prisoner of war who is recaptured shall be handed over without delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention.
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ARTICLE 93
Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating
circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an
offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences committed by prisoners of war with

the sole intention of facilitating their escape and which do not entail any violence against life or

limb, such as offences against public property, theft without intention of self-enrichment, the

drawing up or use of false papers, the wearing of civilian clothing, shall occasion disciplinary

punishment only.

Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to

disciplinary punishment only.

ARTICLE 94
If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified
thereof in the manner defined in Article 122, provided notification of his escape has been made.
ARTICLE 95
A prisoner of war accused of an offence against discipline shall not be kept in confinement
pending the hearing unless a member of the armed forces of the Detaining Power would be so
kept if he were accused of a similar offence, or if it is essential in the interests of camp order and
discipline.
Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against
discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in
confinement awaiting the disposal of offences against discipline.
ARTICLE 96
Acts which constitute offences against discipline shall be investigated immediately.
Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners' representative.
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A record of disciplinary punishments shall be maintained by the camp commander and shall be
open to inspection by representatives of the Protecting Power.
ARTICLE 97
Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons,
penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone shall conform to the sanitary
requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled
to keep himself in a state of cleanliness, in conformity with Article 29.
Officers and persons of equivalent status shall not be lodged in the same quarters as non
commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment shall be confined in separate
quarters from male prisoners of war and shall be under the immediate supervision of women.
ARTICLE 98
A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy
the benefits of the provisions of this Convention except in so far as these are necessarily
rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the
benefits of the provisions of Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives
attached to his rank.
Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily.
They shall be allowed, on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, ifnecessary, shall be removed to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable goods contained in such parcels.
III. JUDICIAL PROCEEDINGS
ARTICLE 99
No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused.
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No prisoner of war may be convicted without having had an opportunity to present his defense
and the assistance of a qualified advocate or counsel.
ARTICLE 100
Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences
which are punishable by the death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty without the
concurrence of the Power upon which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war unless the attention of the court
has, in accordance with Article 87, second paragraph, been particularly called to the fact that
since the accused is not a national of the Detaining Power, he is not bound to it by any duty of
allegiance, and that he is in its power as the result of circumstances independent of his own will.
ARTICLE 101
Ifthe death penalty is pronounced on a prisoner of war, the sentence shall not be executed before
the expiration of a period of at least six months from the date when the Protecting Power
receives, at an indicated address, the detailed communication provided for in Article 107.

ARTICLE 102
A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same
courts according to the same procedure as in the case of members of the armed forces of the
Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed.

ARTICLE 103
Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any
sentence of imprisonment passed upon him and taken into account in fixing any penalty.
The provisions ofArticles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial.
ARTICLE 104
In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power.
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The said notification shall contain the following information:
1.
Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any;

2.
Place of internment or confinement;

3.
Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable;

4 . Designation of the court which will try the case, likewise the date and place fixed for the opening of the triaL
The same communication shall be made by the Detaining Power to the prisoners' representative.
Ifno evidence is submitted, at the opening of a trial, that the notification referred to above was
received by the Protecting Power, by the prisoner of war and by the prisoners' representative
concerned, at least three weeks before the opening of the trial, then the latter cannot take place
and must be adjourned.
ARTICLE 105
The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defense by
a qualified advocate or counsel of his own choice, to the calling of witnesses and, ifhe deems
necessary, to the services of a competent interpreter. He shall be advised of these rights by the
Detaining Power in due time before the triaL
Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or
counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power
shall deliver to the said Power, on request, a list of persons qualified to present the defense.
Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the
Detaining Power shall appoint a competent advocate or counsel to conduct the defense.
The advocate or counsel conducting the defense on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defense of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defense, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the triaL The same communication in the same circumstances shall be made to the advocate or counsel conducting the defense on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly.
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ARTICLE 106
Every prisoner of war shall have, in the same manner as the members of the armed forces of the
Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a
view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully
informed of his right to appeal or petition and of the time limit within which he may do so.
ARTICLE 107
Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to
the Protecting Power in the form of a summary communication, which shall also indicate
whether he has the right of appeal with a view to the quashing of the sentence or the reopening
of the trial. This communication shall likewise be sent to the prisoners' representative concerned.
It shall also be sent to the accused prisoner of war in a language he understands, ifthe sentence
was not pronounced in his presence. The Detaining Power shall also immediately communicate
to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal.

Furthermore, ifa prisoner of war is finally convicted or ifa sentence pronounced on a prisoner of
war in the first instance is a death sentence, the Detaining Power shall as soon as possible
address to the Protecting Power a detailed communication containing:

1.
The precise wording of the finding and sentence;

2.
A summarized report of any preliminary investigation and of the trial, emphasizing in
particular the elements of the prosecution and the defense;

3.
Notification, where applicable, of the establishment where the sentence will be served.

The communications provided for in the foregoing subparagraphs shall be sent to the Protecting
Power at the address previously made known to the Detaining Power.
ARTICLE 108
Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall
be served in the same establishments and under the same conditions as in the case of members
of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity.
A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive and dispatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph.
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PART IV TERMINATION OF CAPTIVITY
SECTION I DIRECT REPATRIATION AND ACCOMMODATION IN

NEUTRAL COUNTRIES

ARTICLE 109
Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound
to send back to their own country, regardless of number or rank, seriously wounded and
seriously sick prisoners of war, after having cared for them until they are fit to travel, in
accordance with the first paragraph of the following Article.
Throughout the duration of hostilities, Parties to the conflict shall endeavor, with the cooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied prisoners of war who have undergone a long period of captivity.
No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of
this Article, may be repatriated against his will during hostilities.
ARTICLE 110
The following shall be repatriated direct:
1.
Incurably wounded and sick whose mental or physical fitness seems to have been gravely diminished.

2.
Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished.

3.
Wounded and sick who have recovered, but whose mental or physical fi~ness seems to have been gravely and permanently diminished.

The following may be accommodated in a neutral country:
1.
Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery.

2.
Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat.

2.
Those whose mental or physical powers remain, even after treatment, considerably

impaired.

ARTICLE 111
The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power
agreed upon by these two Powers, shall endeavor to conclude agreements which will enable
prisoners of war to be interned in the territory of the said neutral Power until the close of
hostilities.
ARTICLE 112
Upon the outbreak of hostilities, Mixed Medical Commissionsshall be appointed to examine sick

and wounded prisoners of war, and to make all appropriate decisions regarding them. The

appointment, duties and functioning of these Commissions shall be in conformity with the

provisions of the Regulations annexed to the present Convention.

However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power,

are manifestly seriously injured or seriously sick, may be repatriated without having to be

examined by a Mixed Medical Commission.

ARTICLE 113
Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions provided for in the foregoing Article:
1.
Wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a Party to the conflict allied with the Power on which the said prisoners depend, and who exercises his functions in the camp.

2.
Wounded and sick proposed by their prisoners' representative.

3.
Wounded and sick proposed by the Power on which they depend, or by an organization duly recognized by the said Power and giving assistance to the prisoners.

Prisoners of war who do not belong to one of the three foregoing categories may nevertheless present themselves for examination by Mixed Medical Commissions, but shall be examined only after those belonging to the said categories.
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The physician or surgeon of the same nationality as the prisoners who present themselves for examination by the Mixed Medical Commission, likewise the prisoners' representative of the said prisoners, shall have permission to be present at the examination.
ARTICLE 114
Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the
benefit of the provisions of this Convention as regards repatriation or accommodation in a
neutral country.
ARTICLE 115
No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for
repatriation or for accommodation in a neutral country, may be kept back on the plea that he has
not undergone his punishment.

Prisoners of war detained in connection with a judicial prosecution or conviction and who are
designated for repatriation or accommodation in a neutral country, may benefit by such
measures before the end of the proceedings or the completion of the punishment, ifthe Detaining
Power consents.

Parties to the conflict shall communicate to each other the names of those who will be detained
until the end of the proceedings or the completion of the punishment.
ARTICLE 116
The costs of repatriating prisoners of war or of transporting them to a neutral country shall be
borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners
depend.
ARTICLE 117
No repatriated person may be employed on active military service.
SECTION II RELEASE AND REPATRIATION OF PRISONERS OF WAR AT THE CLOSE OF HOSTILITIES
ARTICLE 118
Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.
In the absence of stipulations to the above effect in any agreement concluded between the Parties to the conflict with a view to the cessation of hostilities, or failing any such agreement, each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the prisoners of war.
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The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between

the Detaining Power and the Power on which the prisoners depend. This apportionment shall be

carried out on the following basis:

(a)
If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of repatriation from the frontiers of the Detaining Power.

(b)
Ifthe two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation ofthe prisoners of war.

ARTICLE 119
Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48
inclusive of the present Convention for the transfer of prisoners of war, having regard to the
provisions of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prisoners of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power, shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be dispatched to the Information Bureau set up under Article 122.
Prisoners of war shall be allowed to take with them their personal effects, and any
correspondence and parcels which have arrived for them. The weight of such baggage may be
limited, if the conditions of repatriation so require, to what each prisoner can reasonably carry.
Each prisoner shall in all cases be authorized to carry at least twenty-five kilograms.
The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining
Power which shall have them forwarded to him as soon as it has concluded an agreement to this
effect, regulating the conditions of transport and the payment of the costs involved, with the
Power on which the prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence.
Parties to the conflict shall communicate to each other the names of any prisoners of war who are detained until the end of the proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay.
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SECTION III DEATH OF PRISONERS OF WAR
ARTICLE 120
Wills of prisoners of war shall be drawn up so as to satisfy the c::mditions of validity required by
the legislation of their country of origin, which will take steps to inform the Detaining Power of
its requirements in this respect. At the request of the prisoner of war and, in all cases, after
death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall
be sent to the Central Agency.
Death certificates in the form annexed to the present Convention, or lists certified by a
responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as
possible to the Prisoner of War Information Bureau established in accordance with Article 122.
The death certificates or certified lists shall show particulars of identity as set out in the third
paragraph of Article 17, and also the date and place of death, the cause of death, the date and
place of burial and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded by a medical examination of the
body with a view to confirming death and enabling a report to be made and, where necessary,
establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in captivity are honorably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place.
Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased.
In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
ARTICLE 121
Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power.
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A communication on this subject shall be sent immediately to the Protecting Power. Statements
shall be taken from witnesses, especially from those who are prisoners of war, and a report
including such statements shall be forwarded to the Protecting Power.
Ifthe enquiry indicates the guilt of one or more persons, the Detaining Power shall take all
measures for the prosecution of the person or persons responsible.
PART V INFORMATION BUREAU AND RELIEF SOCIETIES FOR

PRISONERS OF WAR

ARTICLE 122
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict
shall institute an official Information Bureau for prisoners of war who are in its power. Neutral
or non-belligerent Powers who may have received within their territory persons belonging to one
of the categories referred to in Article 4, shall take the same action with respect to such persons.
The Power concerned shall ensure that the Prisoners of War Information Bureau is provided
with the necessary accommodation, equipment and staff to ensure its efficient working. Itshall
be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the
Section of the present Convention dealing with work by prisoners of war.

Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the
information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any
enemy person belonging to one of the categories referred to in Article 4, who has fallen into its
power. Neutral or non-belligerent Powers shall take the same action with regard to persons
belonging to such categories whom they have received within their territory.
The Bureau shall immediately forward such information by the most rapid means to the Powers
concerned, through the intermediary of the Protecting Powers and likewise of the Central
Agency provided for in Article 123.
This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various departments concerned information
regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all inquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any inquiries necessary to obtain the information which is asked for if this is not in its possession.
All written communications made by the Bureau shall be authenticated by a signature or a seal.
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The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete list of the contents of the parceL Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned.
ARTICLE 123
A Central Prisoners of War Information Agency shall be created in a neutral country. The
International Committee of the Red Cross shall, ifit deems necessary, propose to the Powers
concerned the organization of such an Agency.
The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief Societies provided for in Article
125.
ARTICLE 124
The national Information Bureau and the Central Information Agency shall enjoy free postage
for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible,
exemption from telegraphic charges or, at least, greatly reduced rates.
ARTICLE 125
Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners, distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure time within the camps. Such societies or organizations may be constituted in the territory of the Detaining Power or in any other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war.
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The special position of the International Committee of the Red Cross in this field shall be
recognized and respected at all times.
As soon as relief supplies or material intended for the above-mentioned purposes are handed

over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the

prisoners' representative, shall be forwarded to the relief society or organization making the

shipment. At the same time, receipts for these consignments shall be supplied by the

administrative authorities responsible for guarding the prisoners.

PART VI EXECUTION OF THE CONVENTION
SECTION I GENERAL PROVISIONS
ARTICLE 126
Representatives or delegates of the Protecting Powers shall have permission to go to all places
where prisoners of war may be, particularly to places of internment, imprisonment and labor,
and shall have access to all premises occupied by prisoners of war; they shall also be allowed to
go to the places of departure, passage and arrival of prisoners who are being transferred. They
shall be able to interview the prisoners, and in particular the prisoners' representatives, without
witnesses, eit.her personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall have full liberty to select the places

they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may

not be prohibited except for reasons of imperative military necessity, and then only as an

exceptional and temporary measure.

The Detaining Power and the Power on which the said prisoners of war depend may agree, if
necessary, that compatriots of these prisoners of war be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited.
ARTICLE 127
The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the. text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programs of military and, ifpossible, civil instruction, so that the principles thereof may become known to all their armed forces and to the entire population.
Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions.
ARTICLE 128
The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the
6 September 2006 A-43 FM 2-22.3
present Convention, as well as the laws and regulations which they may adopt to ensure the
application thereof. .
ARTICLE 129
The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons alleged to have
committed, or to have ordered to be committed, such grave breaches, and shall bring such
persons, regardless of their nationality, before its own courts. It may also, ifit prefers, and in
accordance with the provisions of its own legislation, hand such persons over for trial to another
High Contracting Party concerned, provided such High Contracting Party has made out a prima
facie case.
Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions ofthe present Convention other than the grave breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defense,
which shall not be less favorable than those provided by Article 105 and those following of the
present Convention.
ARTICLE 130
Grave breaches to which the preceding Article relates shall be those involving any of the following acts, ifcommitted against persons or property protected by the Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or willfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention.
ARTICLE 131
No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article.
ARTICLE 132
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
Ifagreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay.
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SECTION II FINAL PROVISIONS
ARTICLE 133
The present Convention is established in English and in French. Both texts are equally
authentic. The Swiss Federal Council shall arrange for official translations of the Convention to
be made in the Russian and Spanish languages.
ARTICLE 134
The present Convention replaces the Convention of 27 July 1929, in relations between the High
Contracting Parties.
ARTICLE 135
In the relations between the Powers which are bound by The Hague Convention respecting the

Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907,

and which are parties to the present Convention, this last Convention shall be complementary to

Chapter II of the Regulations annexed to the above-mentioned Conventions of The Hague.

ARTICLE 136
The present Convention, which bears the date of this day, is open to signature until February 12,
1950, in the name of the Powers represented at the Conference which opened at Geneva on April
21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to
the Convention of July 27, 1929.

ARTICLE 137
The present Convention shall be ratified as soon as possible and the ratifications shall be
deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified.
ARTICLE 138
The present Convention shall come into force six months after not less than two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.
ARTICLE 139
From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.
6 September 2006 A-45 FM 2-22.3
ARTICLE 140
Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six
months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in whose name
the Convention has been signed, or whose accession has been notified.
ARTICLE 141
The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications
deposited and accessions notified by the Parties to the conflict before or after the beginning of
hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method
any ratifications or accessions received from Parties to the conflict.
ARTICLE 142
Each of the High Contracting Parties shall be at liberty to denounce the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit
it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been made to the
Swiss Federal CounciL However, a denunciation of which notification has been made at a time
when the denouncing Power is involved in a conflict shall not take effect until peace has been
concluded, and until after operations connected with the release and repatriation of the persons
protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It shall in no way
impair the obligations which the Parties to the conflict shall remain bound to fulfill by virtue of
the principles of the law of nations, as they result from the usages established among civilized
peoples, from the laws of humanity and the dictates of the public conscience.
ARTICLE 143
The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.
DONE at Geneva this twelfth day ofAugust 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.
A-46 6 September 2006
—————————–__FM 2-22.3
The following excerpted articles from the Geneva Conventions contain requirements concerning the treatment of civilians during time of war. Violations of these articles can constitute war crimes and should be treated as such.
PART I
GENERAL PROVISIONS
Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present
Convention in all circumstances.
Article 2
In addition to the provisions which shall be implemented in peacetime, the present Convention
shall apply to all cases of declared war or of any other armed conflict which may arise between
two or more of the High Contracting Parties, even if the state of war is not recognized by one of
them.
The Convention shall also apply to all cases of partial or total occupation of the territory of a
High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
Article 3
In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:
1. Persons taking no active part inthe hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a)
Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b)
Taking of hostages;

6 September 2006 A-47 FM 2-22.3
(c)
Outrages upon personal dignity, in particular humiliating and degrading treatment;

(d)
The passing of sentences and the carrying out of executions without previous judgment

pronounced by a regularly constituted court, affording all the judicial guarantees which are

recognized as indispensable by civilized peoples.

2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red Cross, may
offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the Parties to the
conflict.
Article 4
Persons protected by the Convention are those who, at a given moment and in any manner
whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the
conflict or Occupying Power of which they are not nationals.
Nationals of a State which is not bound by the Convention are not protected by it.
Nationals of a neutral State who find themselves in the territory of a belligerent State, and
nationals of a co-belligerent State, shall not be regarded as protected persons while the State of
which they are nationals has normal diplomatic representation in the State in whose hands they
are.
The provisions of Part II are, however, wider in application, as defined in Article 13.
Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea ofAugust 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention.
Article 5
Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State.
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
6 September 2006
In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall

not be deprived of the rights of fair and regular trial prescribed by the present Convention. They

shall also be granted the full rights and privileges of a protected person under the present

Convention at the earliest date consistent with the security of the State or Occupying Power, as

the case may be.

Article 25
All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be
enabled to give news of a strictly personal nature to members of their families, wherever they
may be, and to receive news from them. This correspondence shall be forwarded speedily and
without undue delay.
If, as a result of circumstances, it becomes difficult or impossible to exchange family

correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral

intermediary, such as the Central Agency provided for in Article 140, and shall decide in

consultation with it how to ensure the fulfillment of their obligations under the best possible

conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion

and Sun) Societies.

If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions

shall be confined to the compulsory use of standard forms containing twenty-five freely chosen

words, and to the limitation of the number of these forms dispatched to one each month.

PARTIll
STATUS AND TREATMENT OF PROTECTED PERSONS
SECTION I
PROVISIONS COMMON TO THE TERRITORIES OF THE PARTIES
TO THE CONFLICT AND TO OCCUPIED TERRITORIES
Article 27
Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.
Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault.
Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion.
However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.
6 September 2006 A-49 FM 2-22.3
Article 28
The presence of a protected person may not be used to render certain points or areas immune
from military operations.
Article 29
The Party to the conflict in whose hands protected persons may be is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred.
Article 30
Protected persons shall have every facility for making application to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them.
These several organizations shall be granted all facilities for that purpose by the authorities,
within the bounds set by military or security considerations.
Apart from the visits of the delegates of the Protecting Powers and of the International
Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers
shall facilitate as much as possible visits to protected persons by the representatives of other
organizations whose object is to give spiritual aid or material relief to such persons.
Article 31
No physical or moral coercion shall be exercised against protected persons, in particular
to obtain information from them or from third parties.
Article 32
The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person but also to any other measures of brutality whether applied by civilian or military agents.
Article 33
No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited.
Pillage is prohibited.
Reprisals against protected persons and their property are prohibited.
A-50 6 September 2006
Article 34
The taking of hostages is prohibited.
SECTION II
ALIENS IN THE TERRORITY OF A PARTY TO THE CONFLICT
Article 41
Should the Power in whose hands protected persons may be consider the measures of control
mentioned in the present Convention to be inadequate, it may not have recourse to any other
measure of control more severe than that of assigned residence or internment, in accordance
with the provisions of Articles 42 and 43.
In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residences by virtue of a decision placing them in assigned residence elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention.
Article 42
The internment or placing in assigned residence of protected persons may be ordered only if the
security of the Detaining Power makes it absolutely necessary.
Ifany person, acting through the representatives of the Protecting Power, voluntarily demands
internment, and if his situation renders this step necessary, he shall be interned by the Power in
whose hands he may be.
Article 43
Any protected person who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. Ifthe internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case, with a view to the favourable amendment of the initial decision, if circumstances permit.
Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power.
A-51
6 September 2006 FM 2-22.3
Article 44
In applying the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government.
A-52 6 September 2006
FM 2-22.3
Appendix 8
Source and Information Reliability Matrix
SOURCE RELIABILITY
B-l. Reliability ratings range from "Reliable" (A) to "Unreliable" (E) as shown in Table B-l. In every instance the rating is based on previous reporting from that source. If there has been no previous reporting, the source must be rated as "F'. (NOTE: An "F" rating does not necessarily mean that the source cannot be trusted, but that there is no reporting history and therefore no basis for making a determination.]
Table B-1. Evaluation of Source Reliability.
A Reliable No doubt of authenticity, trustworthiness, or competency; has a history of complete reliability
B Usually Reliable Minor doubt about authenticity, trustworthiness, or competency; has a history of valid information most of the time
C Fairly Reliable Doubt of authenticity, trustworthiness, or competency but has provided valid information in the past
D Not Usually Reliable Significant doubt about authenticity, trustworthiness, or competency but has provided valid information in the past
E Unreliable Lacking in authenticity, trustworthiness, and competency; history of invalid information
F Cannot Be Judged No basis exists for evaluating the reliability of the source

INFORMATION CONTENT
B-2. The highest degree of confidence in reported information is given to that which has been confirmed by outside sources, "I". Table B-2 shows evaluation of information content. The degree of confidence decreases if the information is not confirmed, and/or does not seem to make sense. The lowest evaluated rating of "5" means that the information is considered to be false. (NOTE: A rating of "6" does not necessarily mean false information, but is generally used to indicate that no determination can be made since the information is completely new.]
B-1
6 September 2006
FM 2-22.3 _ Table B-2. Evaluation of Information Content.
1 Confirmed Confirmed by other independent sources; logical in itself; Consistent with other information on the subject
2 Probably True Not confirmed; logical in itself; consistent with other information on the sUbject
3 Possibly True Not confirmed; reasonably logical in itself; agrees with some other information on the subject
4 Doubtfully True Not confirmed; possible but not logical;!!.Q other information on the subject
5 Improbable Not confirmed; not logical in itself; contradicted by other information on the subject
6 Cannot Be Judged No basis exists for evaluating the validity of the information

6 September 2006
FM 2-22.3
Appendix C
Pre-Deployment Planning
HUMINT leaders must anticipate, identify, consider, and evaluate all potential threats. They must take advantage of enhanced information flow through hierarchical and nonhierarchical networks (computer, communications, and personnel). HCTs should
•
Review available databases on assigned contingency AOIs; review existing IPB products, conduct IPB on these AOIs; and develop appropriate IPB products. Information on databases created for specific contingencies can be gotten from the J2X.

•
Continually monitor and update their OPLANs to reflect the evolving situation.

•
Be aware of higher headquarters SOPs and DIA manuals for specific ISR management guidance.

•
Prepare and practice an intelligence "surge" on likely contingency crises.

•
Prepare and practice coordination from pre-deployment through redeployment with personnel from HUMINT, IMINT, MASINT, SIGINT, CA, PSYOP, SOF units, MP, and Engineers.

•
Plan for requirements to support 24-hour operations: automation, communications capacity, and personnel necessary to provide continuous intelligence information collection and RM, processing, and reporting.

•
Plan and coordinate for linguistic support.

•
Forward all RFIs to higher headquarters in accordance with SOPs.

•
Prepare and practice coordination with units they will support during pre-deployment exercises. Liaison must be conducted with commanders, S2s, administrative support personnel, logistical support personnel, communications personnel, and others. Obtain supported unit's briefing slide formats.

•
Obtain copies of the supported unit's SOPs and ensure all team members are aware of the procedures governing HUMINT interface.

•
Ensure that team data processing equipment is compatible with the supported unit's network structure and that appropriate interfaces are available.

•
Exercise unit deployment SOPs, load plans, and packing lists.

Helpful Unclassified Links:
•   https://portal.rccb.osis.gov/index.jsp    Foreign Broadcast Information Service home page.
• https://wnc.fedworld.gov/ International news compiled by the US Department of Commerce.
6 September 2006      C·1
FM 2-22.3      _
•
https://www.state.gov/s/inr/    Department of State's Bureau of Intelligence and Research home page. Contains country and regionspecific information, policies, and warnings.

•
https://ebird.afis.osd.mil/ Early Bird News Service of the Armed Forces Information Service.

•
https://164.214.2.59/ National Geospatial-Intelligence Agency (NGA) (formerly National Imagery and Mapping Agency).

•
https://memory.loc.gov/frd/cs/cshome.html#toc Country Studies from the Federal Research Division of the Library of Congress.

6 September 2006
FM 2-22.3
Appendix 0
82 Guide for Handling Detainees, Captured Enemy Documents, and Captured Enemy Equipment
D-l. Detainees, retained personnel, CEDs, and CEE are critical sources of combat intelligence. Often the Maneuver Battalion S2 is the first MI officer to encounter these sources. His actions are critical to the exploitation system. Information from these items is time sensitive, and these information sources need to be exploited at as Iowan echelon as possible. The S2 should anticipate requirements for support based on planned missions and request HUMINT collector support as necessary. If unable to receive HUMINT collector support, the S2 must be prepared to exploit these sources of information to the best of his ability and more importantly expedite their evacuation to locations and units where they can be exploited.
PURPOSE
D-2. This guide is for battalion and brigade S2s. It explains standard procedures on what the S2 should do when his unit
•
Captures an enemy soldier or other detainee.

•
Encounters a civilian on the battlefield.

•
Finds or captures an enemy document.

•
Discovers an unusual enemy weapon or other unusual piece of equipment during tactical operations.

PERSONNEL HANDLING
D-3. The GPW defines persons entitled to treatment as prisoners of war upon capture, in Article 4 (see Appendix A, Section I).
D-4. The GC defines the civilian population (exclusive of those civilian persons listed in GPW, Article 4) who benefit to varying degrees from the provisions of the Geneva Conventions. (See Appendix A, Sections II and III.)
D-5. Persons in each of these categories have distinct rights, duties, and restrictions. Persons who are not members of the Armed Forces, as defined in Article 4, GPW, who bear arms or engage in other conduct hostile to the enemy thereby deprive themselves of many of the privileges attaching to the members of the civilian population. The capturing unit treats all combatants and noncombatants who are suspected of being part of the threat force as EPWs or retained personnel until their status can be determined. This
determination normally occurs at the detainee collection point or at a higher echelon. Noncombatants are handled, questioned, detained, evacuated, and released in accordance with theater policy. In all cases, detainees are treated humanely.
6 September 2006 FM 2-22.3
D-6. Detainees are treated humanely but with firmness at all times. High standards of discipline are required not only of detainees but also of capturing and escort forces. Fraternization with detainees or mistreatment or abuse of them is not only a violation but also is not conducive to good discipline. In addition to not being conducive to good discipline, the mistreatment or abuse of detainees is a violation of the UCMJ for which violators may be punished. The control of detainees is exercised through the issuance and firm enforcement of necessary instructions in their own language. Instructions relating to their control during evacuation from the combat zone should be as brief as possible. Care must be taken to ensure that detainees have a clear understanding of all instructions to them.
D-7. At the capture point, the capturing element performs the following steps on detainees. The senior soldier will ensure that the steps are performed. The steps are referred to as the "Five S's and aT".
STEP 1. SEARCH
D-8. The capturing unit's first job is to disarm, search, and maintain positive control over all detainees. The detainees are disarmed and searched for concealed weapons and for equipment and documents of particular intelligence value immediately upon capture, unless the number of detainees captured, enemy action, or other circumstances make such a search impracticable. Until each detainee is searched, the responsible forces must be alert to prevent the use of concealed weapons or destruction of documents or equipment.
D-9. The capturing unit gathers all loose CEDs and CEE in the area. Identification documents and protective military equipment such as helmets or NBC gear stay with the detainee unless otherwise directed by the battalion S2.
•
Equipment. Items of personal or individual equipment that are new or appear to be of a type not previously observed may be of intelligence value and should be processed and reported in accordance with the unit's SOP, specific evacuation instructions in Annex B (Intelligence) of the OPORD, and theater policy. Equipment for personal protection such as protective masks or protective clothing may not be taken unless replaced with equivalent equipment.

•
Documents. A CED is any piece of recorded information that has been in the hands of the enemy. CEDs include but are not limited to maps, sketches, photographs, orders, tactical and technical manuals and instructions, code books, log books, maintenance records, shipping and packing slips and lists, war and field diaries, personal diaries, pay books, newspapers, service records, postal savings books, payrolls, postcards and letters, and any written, printed, engraved, or photographic matter that may contain information relative to the enemy and to weather and terrain data. A capturing unit is normally not able to accurately determine the potential intelligence value of any documents found on the detainee. It is therefore normally expedient to remove all documents, with the exception of the detainee's primary identification document. These documents are sealed in a waterproof

6 September 2006
container and tagged with part C of the capture tag. Ifcapture tags are not available, the document bag must be marked at a minimum to identify the detainee to whom the documents belong (see Appendix I).
• Personal effects. Except as provided in Step 1, detainees should be permitted to retain all of their personal effects including money; valuables; protective equipment, such as helmets, protective masks, and like items; effects and articles used for clothing or eating, except knives and forks; identification cards or tags; badges of grade and nationality; and articles having a personal or sentimental value. When items of equipment issued for the personal protection of detainees are taken from them, they must be replaced with equivalent items serving the same purpose. Although money and other valuables may be taken from detainees as a security measure, they must then be receipted for and a record thereof maintained in a special register. These administrative steps normally are not practical to accomplish prior to arrival of the detainee at an EPW camp.
STEP 2. SILENCE
D-10. Detainees are kept silent so that they cannot plan deception or encourage each other to resist. Keeping the detainees silent also prevents them from relieving the stress and shock of capture by talking with others. If the shock of capture is preserved, HUMINT collectors can take advantage of it in an approach. The capturing unit instructs or signals the detainees to be silent. If that does not work, the detainee is gagged. Guards give orders to detainees, but do not converse with them or give them any comfort items.
STEP 3. SAFEGUARD
D-H. All detainees are promptly evacuated out of the "danger" zone. Their presence may not be used to render points or areas immune to attack, nor should they be retained for participation in psychological warfare or other activities. The capturing forces must protect detainees from reprisals. Detainees will not be denied food, potable water, or appropriate clothing and shelter. Necessary medical attention will not be delayed. Those detainees held in an area should be provided protective facilities and equipment and should be oriented as to procedures to be followed in case of chemical, biological, and radiological agent attack.
STEP 4. SEGREGATE
D-12. The capturing unit separates officers from enlisted, senior from junior, male from female, and civilian from military within their capabilities to both guard and safeguard the detainees. (Physical segregation at this point is not always possible.) Deserters and people of different nationalities and ideologies should be further segregated. The capturing unit prepares a capture tag and puts one on each detainee (see Figure D-1). Tagging procedures are discussed in paragraph D-16.
6 September2006 FM 2-22.3
STEP 5. SPEED TO THE REAR
D-13. The capturing unit moves detainees and CEDs to the unit supply point or other area where transportation to the rear is available for evacuation. Evacuation of detainees from the combat zone should be effected within the minimum time after capture. While in the combat zone, not only may detainees become casualties as the result of enemy fire but also the fluidity of operations, the wide dispersion of units, and the austerity of facilities may necessitate their rapid evacuation.
D-14. The normal evacuation channel is from the detainee collection point through intermediate detainee holding areas to an internment facility at a higher echelon. Available returning transportation, however, may bypass any intermediate detainee holding area and proceed directly to a corps or theater internment facility. Detainees will then be processed directly into the corps or theater internment facility. Evacuation may be by foot, vehicle, rail, aircraft, or ship. Evacuate detainees who are litter patients through medical channels.
D-15. The command (brigade and above) from which the detainees are being evacuated is responsible to provide transportation and rations and for coordinating all other matters related to the evacuation. Escort guards are furnished by the command (division and above) to which the detainees are being evacuated.
STEP 6. TAG
D-16. When the detainees have been searched and segregated, the capturing unit prepares a capture tag and puts one on each detainee. It is very important that the capturing unit fill out the Capture Tag as accurately and completely as possible. HUMINT collectors will use the information from the tag when preparing to interrogate detainees. The "capturing unit" and "location of capture" information will be used to provide direct feedback to the capturing unit when information of immediate tactical value is obtained. Each EPW tag has a different serial number used for the purpose of accountability and cannot be reproduced. The EPW tag is perforated into three parts: Part A is attached to the detainee, Part B is retained by the capturing unit, and Part C is attached to the detainee's property (see Figure D-l).
DOCUMENT HANDLING
DOCUMENTS FOUND ON ENEMY PRISONER OF WAR
D-17. The battalion S2 and subordinate unit commander ensure that CEDs found on detainees are handled as follows. The capturing unit will
•
Search each detainee.

•
Return identification documents to detainees. It may be preferable to return only one identity document, to preclude the detainee from spreading .extras around to cause confusion. The preferred ID document to return to the detainee is a picture ID (such as a military

6 September 2006
or government ID card). If the detainee has several identification documents, the S2 returns the ID that most accurately reflects the detainee's official status. This might be a military ID for a soldier and a passport or government-issue ID for a civilian. If the detainee has several identification documents with different names, this may be an indicator of CI interest. The S2 notifies the nearest CI unit.
•
Write the following on the top and bottom half of the EPW capture tag: Number of documents taken, date and time, location and circumstances of capture, capturing unit's designation.

•
Put CEDs in a waterproof bag, one per detainee.

• Mfix Part C of the capture tag to the bag.
•
Give CEDs to the senior escort.

•
Direct the senior escort to evacuate CEDs with the detainee.

DOCUMENTS FOUND IN THE AO
D-18. An example of CEDs found in the AO is paperwork discovered in an overrun CP, but not on a detainee. The capturing unit will
•
Put CEDs in a waterproof bag.

•
Follow the same procedures described above, and tag the bag.

•
Evacuate the CEDs to the battalion S2.

•
Evacuate all CEDs as dictated by Annex B of the OPORD. This is normally through the MI chain (for example, from Battalion S2 to Brigade S2, to the first HUMINT collection or DOCEX unit in the MI chain). The S2 normally coordinates with the S4 for the use of supply vehicles returning empty to the rear for the transportation of large numbers of documents.

INITIAL DOCUMENT EXPLOITATION
D-19. A combat unit without language-qualified personnel can perform limited battlefield DOCEX, mainly on maps and overlays. The unit S2 is normally responsible for any initial exploitation by the capturing unit. The S2 safeguards the items pending disposition. At the same time he
•
Looks over the document.

•
Does not mark or harm it in anyway.

•
Uses whatever resources are available to decipher it; for example, dictionaries and enemy map symbol guides.

•
Looks for information that has a direct bearing on his current mission.

D-20. The S2 extracts the combat information and uses the SALUTE format as a template to organize the information.
6 September 2006      0·5
FM 2-22.3
EQUIPMENT HANDLING PROCEDURES
D-21. CEE includes all types of foreign materiel found on a detainee or in the AO that may have military application. The capturing unit
• Always      permits the detainee to keep protective equipment and equipment for his personal well being unless this gear is replaced by equivalent items by the capturing unit. This equipment includes helmet, NBC gear, mess gear (ex.cluding knife and fork).
•
Disposes of equipment in accordance with unit SOPs and instructions in Annex B of the OPORD. Most routine equipment is normally destroyed in place. Unusual or new equipment or equipment identified as being of TECHINT interest is tagged with a CEE tag (part C of DD Form 2745) and evacuated to the nearest TECHINT unit. Communications equipment is also tagged and evacuated to the nearest SIGINT unit.

•
Identifies equipment that cannot be easily evacuated; its location is passed through intelligence channels to the nearest unit that will be involved in its exploitation.

FIELD-EXPEDIENT TAGGING PROCEDURES
D-22. When no standard tag forms are available, the following field
expedient methods may be used:
• Use meals, ready-to-eat (MRE) cardboard or other type of paper.
•
Write the capturing unit's designation.

•
Write data and time of capture.

•
Write POC coordinates.

•
Write circumstances of capture.

•
Identify EPW, captured document, or equipment captured.

•
Put tag, without damaging the CED, in a waterproof bag.

•
Attach EPW and CEE tags so they will not come off.

MEDICAL CARE
D-23. Medical equipment and supplies to permit the administering of emergency first aid should be available at each EPW collecting point and EPW holding area. A qualified medical retained. person, if available, may administer first aid to other detainees. All detainees suspected of having communicable diseases are isolated for examination by a medical officer. Wounded detainees may be questioned by intelligence personnel once the detainees are cleared by competent medical authority for questioning.
D-24. For evacuation purposes, detainees may be classified as walking
wounded or sick, or as non-walking wounded or sick. Walking wounded
detainees are evacuated through MP EPW evacuation channels. Non-walking
wounded are delivered to the nearest medical aid station and evacuated
through medical channels.
6 September 2006
1. DATE AND TIME OF CAPTURE /2. SERIAL NO. A ENEMY PRISONER OF WAR (EPW)
CAPTURE TAG (PART A)
3. NAME 4. DATE OF BIRTH
5. RANK 16. SERVICE NO. . . For use of this form. see AR 190-8. The proponent agency is DCSOPS.

7. UNrr OHPW
I8.CAPTU~NG UNrr
•('('~ cl ""
'" EPW (Do rn>t """"" """'oW.)
9. LOCATION OF CAPTURE (Gtid"""""'''1 c',~ 1.\\,J\~::::;;';'" …,,,.,"'""""""'m,"','""~red"~
~ r::\\'(\ \)' lS1 Silence -Prohibit talking among EPWs for ease of control. h1iOo.~C~IR~C~UJiM~SnT~A~NCCE:ESSTt11i:'. ~PB"HYyjS[iIC~A~L:tl(~, .,..,ftj~~~~. \~…… 3. Segregate -By rank, sex, and nationality.
'1
4.
Safeguard -To prevent harm or escape.

5.
Speed -Evacuate from the combat zone.

6.
Tag -Prisoners and documents or special equipment.

10. Circumstances of Captive
11. Physical Condition of EPW
12. Weapons, Equipment, Documents
DO Form 2745 (BACK), May 96 Usable until eXhausted.
1. DATE AND TIME OF CAPTURE 12. SERIAL NO.IB ~(()\NIT RECORD CARD (PART B)
3. NAME 14. DATE OF BIRTH :–
&
5. RANK I6.5ERVICE NO. ~ '"0\'\~ ~ Fo~a'" to Unit
7. UNIT OF EPW I8. CAC\lr~d,)\)\,… v J (Capturing unit retains for records.)
9.
LOCATION OF CAPTURE (Grid coordi~ Use string, wire, or other durable material to attach the appropriate section of this form to the EPW's equipment

10.
CIRCUMSTANCES

11. PHYSICAL
12. WEAPON~~

OF CAPTURE

or property. OF EPW
CONDITION EQUIPMENT),.
DOCUMENT~
cell
DO Form 2745, May 96 Replaces DA Form 5976, JAN 91. D~~~t4~K), May 96 Usable until eXhausted. ~~ \.\\\ v ) v–f'T-'\+-~"""'—,———-..,
1. DATE AND TIME OF CAPTURE /2. SERIAL NO. ~ ~\~.
\J I\dOCUMENT/SPECIAL EQUIPMENT \ WEAPONS CARD (PART C)
3. NAME 14(~~~ ~
5. RANK 6. SERVICE NO. ;V)'-../
Attach this part of tag to property taken. "-….-/
(Do not remove from property.)
1
7. UNIT OF EPW I8. CAPTURING UNIT As a minimum, the tag must include the following information:
9. LOCATION OF CAPTURE (Grid coordinates)
Item 1. Date and time of capture (YYYYMMDD). Item 8. Capturing Unit.
10. DESCRIPTION OF WEAPONS, SPECIAL EQUIPMENT, DOCUMENTS.
Item 9. Place of capture (grid coordinates).

Item 10. Circumstances of capture (how the EPW was captured).

DO Form 2745, May 96 Replaces DA Form 5976, JAN 91. DO Form 2745 (BACK), May 96 Usable until exhausted.
Figure 0-1. DO Form 2745 (Enemy Prisoner of War Capture Tag).
6 September 2006
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FM 2-22.3
Appendix E
Extracts from Allied Joint Publication (AJP)-2.5
Following are excerpts from Allied Joint Publication-2.5, Handling of Captured Personnel, Equipment and Documents. AJP-2.5 is primarily an amalgamation of procedures outlined in STANAG 2033, STANAG 2044, and STANAG 2084, and will be used as the authoritative source for matters governed by those STANAGs. S2s and HUMINT collectors should maintain a copy on hand.
THE GENEVA CONVENTIONS E-l. Treatment of prisoners of war (PWs) and other detainees as well as the handling of personal possessions including personal documents belonging to them will at all times be in accordance with the 1949 Geneva Conventions and, if ratified by the nations concerned, with the 1977 Protocols.
THE DETAINING POWER E-2. The responsibilities of the "Detaining Power" as set out in GC3 shall rest with the nation or the deployed NATO command which initiated the capture or detention of the person or persons in question.
E-3. Transfers of PWs between NATO nations must be in accordance with GC3, Article 12, as interpreted but not superseded by national agreements.
KNOWLEDGE OF THE GENEVA CONVENTIONS AND THE 1977 PROTOCOLS E-4. The Geneva Conventions require the signatories in time of both peace and war to circulate the text of the Conventions as widely as possible within their countries. They are especially required to ensure that the provisions and implications of the Conventions are clearly understood by the members of their armed forces and by the civilians attached to them. In order to assist this process, it is suggested in the Conventions that instruction in them is included in the syllabus of appropriate military and civilian courses of instruction.
E-5. The conventions also state that any military or other authority assuming responsibility for dealing with PWs in time of war or armed conflict must be in possession of the text of the Conventions and that its personnel must be instructed in how the Conventions affect them in the execution of their duties with PWs.
E-6. If ratified by the nations concerned, these requirements are, by inference, also applicable to the 1977 Protocols.
6 September 2006
FM 2-22.3 _
PRISONER-OF-WAR STATUS
E-7. Captured personnel (CPERS) can be divided into two categories: Captured personnel who are PWs and other detainees.
E-8. Prisoner-of-war status is conferred on captured personnel who fall within the categories listed in Article 4 of GC3, which is reproduced in Annex A, or, if ratified by the nations concerned, those who meet the expanded definition of a PW as stated in Protocol I of the 1977 Protocols.
E-9. Other detainees are personnel being held by NATO forces until their status can be determined and their further disposition can be decided.
E-I0. Furthermore, when NATO forces are engaged in Peacetime Support Operations (PSOs), the operational plan should contain specific instructions as to which individuals will have PW status. Directions for handling other detainees, including those suspected of crimes against humanity and war crimes, are also to be included in the operational plan or in the Standing Operating Procedures used in the operation.
PERSONNEL
E-l1. Conditions allowing, the following procedures should be followed by the capturing unit:
a.
CPERS should be disarmed immediately, and all documents and effects of military or investigative interest except for necessary clothing, identity documents and protective equipment (Geneva Convention Relative to the Treatment of Prisoners of War (GC3), Article 18) should be removed. CPERS should then be tagged in accordance with the procedures outlined at Annex B. A Common Capture Report should also be completed and forwarded in accordance with the procedure set out in Annex C. It is important that the documents, equipment, maps, etc., taken from a CPERS accompany him to the next receiving unit. Valuable information may be lost by not having these items available during processing and interrogation.

b.
Within the confines of the tactical situation, CPERS are to be segregated according to rank, grade, service, sex and nationality or ethnic group/warring faction to minimize the opportunity to prepare counterinterrogation measures. Furthermore, deserters, civilians and political indoctrination personnel will be individually segregated from other CPERS. Such segregation shall be undertaken in a manner which does not violate GC3, Article 16.

c.
Talking or fraternization between CPERS is to be prevented in order not to prejudice future intelligence collection operations. CPERS will be allowed no opportunity to exchange information between themselves, to exchange identities or to dispose of articles of intelligence interest.

d.
Interrogation operations must not be compromised by contact between CPERS and personnel not concerned with interrogation duties.

e.
CPERS will also be prevented from observing sensitive and critical activities, equipment and procedures involving NATO, national or allied forces.

6 September 2006
_______________________________FM 2-22.3
f.
CPERS are to be guarded in a manner which shall deny them the opportunity for escape or sabotage.

g.
Defectors and political refugees should also be segregated from other CPERS wherever possible. These personnel shall be screened by the nearest Interrogation Unit (lU), which will decide on their value to the intelligence organization and consequent future movements. In all cases, defectors are to be treated in accordance with the Geneva Convention Relative to the Protection of Civilians in Time of War (GC4). National policy may provide defectors treatment in accordance with GC3 where such treatment provides greater protection than GC4.

h.
Personnel claiming to be agents of an allied power shall also be segregated from other CPERS. The intelligence organization (G2 or CJ2) is to be informed of all such individuals as soon as possible and will arrange for their screening to determine their future disposition.

i.
CPERS suspected of crimes against humanity and war crimes will also be segregated from other prisoners. Legal authorities and the intelligence organization are to be informed of such suspects as soon as possible. They will be taken into custody by law enforcement personnel. Intelligence exploitation should be undertaken in cooperation with the legal authorities.

j.
All CPERS are to be treated humanely.

k.
Naval and Air Force personnel are to be identified and the intelligence organization is to be notified in order that interrogation by naval/air force personnel may take place at the earliest opportunity.

1. CPERS are to be escorted to the nearest Collecting Point or Holding Area as quickly as possible.
m. Should any doubt arise as to whether any persons, including those appearing to be PWs, having committed a belligerent act and having fallen into Allied hands, belong to any of the categories of persons entitled to PW status pursuant to Article 4 of GC3, such persons shall enjoy the protection of GC3 until such time as their status has been determined by a competent tribunal. Ifsuch a tribunal determines that an individual does not qualify for PW status, then the detaining commander must determine whether the detainee qualifies as a "protected person" pursuant to GC4, and obtain legal advice relative to the proper course of action for dealing with such detainees.
DOCUMENTS
E-12. Captured documents (CDOC) considered of intelligence interest will be handled by the capturing unit in the following manner:
a.
The capturing unit will conduct a preliminary screening to obtain information of immediate technical or tactical value.

b.
An intelligence report (INTREP) identifying the CDOC and its disposition as well as giving information considered to be of immediate tactical value will be prepared and submitted by the capturing unit. (See STANAG 2022.)

6 September 2006
FM 2-22.3 _
c. The capturing unit will tag or otherwise mark the CDOC as follows:
National identifying letters of capturing unit as prescribed in
STANAG 1059. -Designation of capturing unit including service. -Serial number of the CDOC. This will consist of a number allocated
sequentially by the capturing unit. -DTG of capture. . Location of capture (geographic coordinates or UTM grid reference
including grid zone designation and 100,000-meter square identification). -Captured from Unit (enemy or warring faction) (including national identifying letters in accordance with STANAG 1059).
. Summary of circumstances under which the CDOC was obtained. Interrogation serial number of any associated CPERS, if appropriate or known.
-CED associated with a captured person should be marked with part C of the Standardized EPW Capture and Personal Equipment Tag.
d. CED to be used as evidence in legal proceedings against CPERS suspected of crimes against humanity and war crimes will be kept under guard or in a secure area separate from other CED.
EQUIPMENT
E-13. Captured Equipment (CE) and Associated Technical Documents (ATDs) considered of intelligence interest will be handled by the capturing unit in the following manner:
a.
A Capture Report as set out in Annex C of the OPORD will be prepared by the capturing unit upon the discovery or capture of CE or ATD believed to be of intelligence interest. The reporting channels are from the capturing unit through the chain of command to the first TECHINT element.

b.
The capturing unit will conduct a preliminary screening to obtain information of immediate technical or tactical value. A Preliminary Technical Report (PRETECHREP) as set out in Annex D of the OPORD will be prepared and submitted through established intelligence channels.

c.
Intelligence Reports (INTREP) may, as circumstances dictate, be submitted in advance but not in lieu of the Capture Report and PRETECHREP. (See STANAG 2022.)

d.
CE and ATD will be tagged or marked by the capturing unit as follows:

– National identifying letters of capturing unit as prescribed in
STANAG 1059. -Designation of capturing unit including service. . DTG of capture. -Location of capture (geographic coordinates or UTM grid reference
including grid zone designation and 100,000-meter square identification).
6 September 2006
-Captured from Unit (enemy or warring faction) (including national
identifying letters in accordance with STANAG 1059). -Summary of circumstances of capture. . Associated CPERS.
e. CE and ATD to be used as evidence in legal proceedings against CPERS suspected of crimes against humanity and war crimes will be kept under guard separate from other CE and ATD.
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FM 2-22.3
Appendix F NATO System of Allocating Interrogation Serial Numbers
1.
Every captured person selected for interrogation will be given an Interrogation Serial

Number. This number shall be allocated by the Interrogation Unit conducting the first

interrogation of the captured person.

2.
The number should not be confused with the Prisoner of War Internment Serial Number

(ISN), which is to be used for administrative purposes only.

3.
The purpose of the Interrogation Serial Number is to identify the source of information to ensure its proper evaluation, processing, and follow-up action. It will also identify the nationality and location of the interrogation unit.

4.
The number shall be constituted as follows:

a.      2 letters to indicate the Nationality of the captured person (see para 6).
b.      2 letters to indicate the Service of the captured person (see para 7).
c.      1 letter to indicate the Arm of Service of the captured person (see para 8).
d.      4 numbers to indicate the Interrogation Sequence Number of the captured person (see para 9).
e.      4 numbers to indicate the Day and Month of Capture.
f.      A dash (-) to show a sequence break.
g.      4 letters to indicate the Nationality and Service of the Interrogation Unit (see para 10).
h.      4 letters to indicate the Interrogation Unit.
5. Each group shall be separated by a dash. The final number shall therefore appear as in the following examples:
LS-NV-B-0012-2105-USNV-0159 Liechtenstein -Naval prisoner -Seaman -12th captured person interrogatedcaptured 21 May -interrogated by US Navy -team 159
AN-AF-H-0357-0211-GEAF-0007 Andorra -Air force prisoner -Intelligence -357th captured person interrogated captured 2 Nov -interrogated by GE Air Force -team 7
6 September 2006
FM 2-22.3 _
SM-AR-X-0431-0707-UKAR-0019
San Marino -Army prisoner -One star or above -431at captured person interrogated captured 7 Jul-interrogated by UK Army -team 19
6.
The two letters used for indicating the Nationality of the captured person will be in accordance with established NATO Country codes in STANAG 1059.

7.
The following list of letters is to be used to indicate the Service of the captured person:

8.
The following list of letters is to be used to indicate the Arm of Service of the captured person:

9.
The sequence number of the interrogated captured personnel shall be of four digits allocated in numerical order of interrogation by the team first interrogating the captured person.

10.
Country, services and team codes.

AR NV NA AF IR -Army -Navy -NavalAirArm -Air Force . Irregular NI AB SF PL CV -Naval Infantry . Airborne Forces -Special Purpose Forces -Police -Civilian (other than Police)

Navy Army Air Force Other/Partisan
(A) (B) (C) Forces (D)
A. Aircrew Aircrew Aircrew Aircrew
B. Seamen Infantry Ground Crew Merchant Marine
C. Communications Signals Communications Radio Officers/Operators
D. Weapons/ Electronic Engineer Electrical/Electronic Engineer Electrical/Electronic Engineer
E. Mechanical/ Marine/Engineers Engineers Mechanical/Air Frame/Engineers
F. Gunnery Artillery Ordnance Weapons/Ordnance Explosives
G. *HQ Staff *HQ Staff *HQ Staff *HQ Staff
H. Intelligence Intelligence Intelligence Intelligence
1. Marines Airborne Forces Airfield Defense
J. Cooks/Stewards Catering Catering Catering
K. Legal/Political Legal/Political Legal/Political Legal/Political
L. Medical/Dental/ Nursing Medical/Dental/ Nursing MedicallDental/ Nursing Medical/Dental/ Nursing
M. Electronic Warfare Electronic Warfare Electronic Warfare Electronic Warfare
N. Operations Operations Operations Operations
O. Police Police Police Police
P. Supply Quartermaster Supply Supply
Q. Strategic Weapons Strategic Weapons Strategic Weapons Strategic Weapons
R. Special Purpose Forces Special Purpose Forces Special Purpose Forces Special Purpose Forces
S. Air Traffic Control Armored Air Traffic Control Air Traffic Control
T. *Unknown *Unknown *Unknown *Unknown

6 September 2006
Navy (A) Army (B) Air Force (C) Other/Partisan
Forces (D)
U. Instructors Education Education Instructors
V. Ministers of ReliJtion Ministers of Religion Ministers of Religion Ministers of Religion
W. *Submarines Artillery Spotters Forward Air Controllers Couriers, etc.
X. *One Star + *One Star + *One Star + *Officers in Command of Irregular Forces
Y. *Other *Other *Other *Other
*Notes: G -Headquarters staffs below one star rank T -Captured Person's arm of service not known to report writer W -To be used in respect of all submarines regardless of arm or specialization X -To be used in respect of all ONE STAR or above officers regardless of army Y -PW arm of service not included in the appropriate list

a.
Country codes, as laid down in STANAG 1059, are to be used for indication of the Nationality of the Interrogation Team.

b.
The following lists of letters are to be used for indicating the Service of the Interrogation Team:

c.
NATO teams will use the following abbreviations: (These will be determined as command changes are implemented and STANAG 1059 is revised).

ARMY -AR AIR FORCE -AF
NAVY -NY MARINE -MR
COAST GUARD -CG PARA-MILITARY -PM

SCEUROPE RCNORTH JHQNORTH JHQ NORTHEAST JHQ CENTER CC AIR NORTH CCNAVNORTH SCATLANTIC RCWEST RC SOUTHEAST RCSOUTH JHQ SOUTHWEST JHQSOUTH JHQ SOUTH CENTER JHQ SOUTHEAST CCAIRSOUTH CCNAVSOUTH RCEAST STRIK FLTLANT SUB ACLANT
11. Nations will allocate 4-digit serial numbers to their interrogation teams. NATO Commands will issue similar numbers to subordinate national interrogation teams under their command.
F-36 September 2006
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FM 2-22.3
Appendix G
Questioning Quick Reference
This appendix offers a quick reference for the trained HUMINT collector. It is not meant to be all-inclusive, nor instructive in proper questioning technique, but lays out frequently used requirements grouped logically by OB factor. Proper formation of questions is covered in detail in Chapter 9.
Missions: Mission questioning consists of three areas: Time of Capture Mission, Future Mission, and Past Mission. Missions are questioned in that order, to ensure that the information is collected in the order of importance to a supported commander. Logical follow-up questioning may lead the collector into any of the OB factors at any time during questioning in order to provide complete information.
Offensive Missions:

When will the enemy attack?

Where will they attack?

What is the main objective of the attack?

What units will participate in the attack?

What tactics will be employed?

What artillery, air, and other units will support the attack?

Defensive Missions:

Where will the enemy establish lines of defense?

What units have been assigned to the defensive lines?

What obstacles have been emplaced (mines, trenches, wire, etc.)?

What artillery support is there for the defensive operation?

Retrograde Operations:

What units will take part in the retreat?

What are the current positions of the retreating units?

When will they start to retreat?

What routes will be used?

What is the planned destination of the retreating units?

What units will cover the retreat?

Composition: What is the command and control element of (the target unit)? What types of units are directly subordinate to (the target unit)? What isthe designation of (each of the subordinate units)? How many units of that type are directly subordinate to (target unit)? What units are attached? When? Why? What unit(s) are they detached from? What units are detached? When? Why? What unit(s) are they attached to now?
6 September 2006
FM 2-22.3 _
Weapons and Equipment Strength:

Individual Weapons:

What individual weapons are there in (target unit)?

How many?

What is the distribution of the weapons?

Crew-Served Weapons: What crew-served weapons are in (target unit)?

How many?

What is the distribution of the weapons?

Other Weapons: What other weapons are there in (target unit)?

What types?

How many?

How are they distributed?

Vehicles: What armored vehicles are in (unit)?

How many?

What nomenclature?

What other vehicles are in (unit)?

Dispositions:
Disposition questioning is ideally done with the aid of a map.
Where is (the target disposition)?
Show (on the map) the location of (the target disposition).
What enemy units, activities, or equipment are at that location?
What security measures are being employed at that location?

Additionally, specific types of dispositions require additional follow-up:
Area-Type Dispositions: (Staging Areas, Assembly Areas, Trains, etc.)
Show on the map (or describe) the perimeter of the disposition.
Where are units or activities located within it?
Where are the approaches/entrance?
What unit is in charge?
What vehicles or equipment are located within the disposition?
What is the date of information?
Line-Type Dispositions: (Line of Departure, Artillery emplacement, etc.)
Show on the map (or describe) the location of the disposition.
Define and locate both ends of the disposition.
What equipment is located there?
In the case of artillery, describe the placement and orientation of the guns,
ammunition, radar, and support vehicles.
Tactics:
Offensive: What offensive tactics are being employed by (unit)?
What other units are involved?
When did (unit) begin employing these tactics?
What are the major objectives?
Defensive: What defensive tactics are being employed by (unit)?
What other units are involved?
When did (unit) begin employing these tactics?
Special Operations: What special operations tactics are being employed by (unit)?
What are the designations of the units employing special operations tactics? When did
(unit) begin employing special operations tactics?
WherelWhy are these tactics being employed?
6 September 2006
Training:

Individual Training: What individual training is being conducted by (unit)?

Who is being trained?

How effective is the training?

Where is the training conducted?

What are the training standards?

Unit Training: What unit training is being conducted by (unit)?

Who is being trained?

How effective is the training?

Where is the training conducted?

What are the training standards?

Specialized Training: What specialized training is being conducted by (unit)?

Who is being trained?

How effective is the training?

Where is the training conducted?

What are the training standards?

What specialized equipment is used in the conduct of the training?

Combat Effectiveness:
Losses:
Personnel: What personnel losses have been incurred by (unit)?
When? Where? How?
What were the duty positions/ranks of the lost personnel?
Equipment: What equipment losses have been sustained by (unit)?
What type of equipment was lost?
When? Where? How many?
How were they lost?
Replacements (Personnel):
Received: What replacements have been received by (unit)?
What replacements are available to (unit)?
How many?
From where were the replacements received?
Available: What personnel replacements are available to (unit)?
From where are replacements available?
How many? What ranks?
How long would it take for replacements to arrive once requested?
Replacements (Equipment):
Received: What equipment replacements have been received by (unit)?
How many?
From where were the replacements received?
How does the quality of the replacement equipment compare to that of the original
equipment?
What is the level of confidence in the replacement equipment, compared to the original?
Available: What equipment replacements are available to (unit)?
From where are replacements available?
How long would it take to receive replacement equipment once requested?
How many of each type of equipment are available?
6 September 2006 FM 2-22.3 _
Reinforcements:
Received: What reinforcements have been received by (unit)?
What type was the reinforcing unit?
What is the designation of the reinforcing unit?
What equipment did the reinforcing unit bring?
To which unit was the reinforcing unit further assigned?
Why did (receiving unit) receive reinforcements?
How long will the reinforcing unit be assigned as reinforcement to (unit)?
Available: What reinforcements are available to (unit)?
From where (parent unitllocation) are reinforcements available?
What types of units are available to reinforce (unit)?
How long would it take for reinforcements to arrive, once requested?

Morale:
Describe the morale of the members of (unit).
How long has the morale been…?
What is the unit leadership doing to (maintain/improve) the morale?
What effect has (highllow) morale had on the behavior or performance of the unit
members?
Logistics:
Weapons: What is the condition of the (specific weapons) in (the unit)?
Why are (the weapons) in that condition?
What is being done to improve the condition of (the weapons)?
How often is maintenance performed? By whom?
Who inspects weapons? How often?
Is there an increased emphasis on maintenance? Ifso, why?
What is done to prevent/alleviate a shortage while weapons are being maintained?
What spare parts are there for weapons in (unit)?
What shortages of spare parts are there?
What problems are there with spare parts (quality, fit, delays, etc)?
Ammunition: What types of ammunition are available for the (weapon/weapon system)
in the (unit)?
What problems are being experienced with ammunition for (weapon or weapon system)
in (unit)? Why? Since when?
What is being done to correct the problem(s)?
What shortages of ammunition for (weapon or weapon system) are there in (unit)?
What is being done to correct the shortage?
When was the last issue of ammunition for the (weapon or weapon system) in the (unit)?
How much was issued?
When is the next issue of ammunition planned?
(For insurgents/irregulars -Where is funding obtained for ammunition/explosive
purchases?
Where are ammunition/explosives obtained?
How are ammunition/explosives transported/delivered?
Vehicles: What is the condition of the (specific vehicle) in (the unit)?
Why are (the vehicles) in that condition?
What is being done to improve the condition of (the vehicles)?
How often is maintenance performed? By whom?
Who inspects vehicles? How often?
6 September 2006
Is there an increased emphasis on maintenance? Ifso, why?

What is done to prevent/alleviate a shortage while vehicles are being maintained?

What spare parts are there for vehicles in (unit)?

What shortages of spare parts are there?

What problems are there with spare parts (quality, fit, delays, etc)?

POL:

What problems have been experienced with the petroleum, oils, and lubricants (POL) for

the (vehicle type) in the (unit)? Why are there problems? Since when have there been problems? What is being done to correct the problems? What shortages of POL are there? Why? What is being done to alleviate the shortages? When was the last resupply of POL in (unit)? Where? How much? When is the next resupply of POL planned? Communications Equipment: What is the condition of the (specific radio set) in (the unit)? Why are (the radios) in that condition? What is being done to improve the condition of (the radios)? How often is maintenance performed? By whom? Who inspects communication equipment? How often? Is there an increased emphasis on maintenance? Ifso, why? What is done to prevent/alleviate a shortage while radios are being maintained? What
spare parts are there for communication equipment in (unit)?

What shortages of spare parts are there?

What problems are there with spare parts (quality, fit, delays, etc)?

Medical:
Equipment: What individual medical equipment is in (unit)? How many?
What is the distribution?
What are the contents of individual medical kits in the (unit)?
What is the quality?
What shortages are there?
What problems are there with the individual medical equipment/supplies in (unit)?
What vehicular medical equipment is in (unit)? How many?
What is the distribution?
What are the contents of vehicular medical kits in (unit)?
What is the quality?
What shortages are there?
What problems are there with the vehicular medical equipment/supplies in (unit)?
Personnel: What medical personnel are assigned to (unit)?
What medical personnel are available to treat members of (unit)? How many? What are
the duty positions of the medical personnel?
What level of medical care are the medical personnel able to provide to members of

(unit)?

Facilities: What medical facilities are available to members of (unit)?

Where are the medical facilities?

What level of care is available there?

What higher echelons of medical care are available?

6 September2006 G·5
FM 2-22.3 _
Medical Evacuation (MEDEVAC) Procedures: What MEDEVAC procedures are

available to members of (unit)?

Where are MEDEVAC collection points?

What different MEDEVAC procedures are used for more seriously wounded personnel,

compared to lightly wounded? Food: What rations are members of (unit) eating? What shortages are there of food? What is the quality? What problems have been encountered with the rations provided to (unit)? When was the last issue of rations to members of (unit)? When is the next issue? What reserve stocks of field rations are there in (unit)? Water: What is the source of drinking water for members of (unit)? What problems have been encountered with quality, shortages, or contamination of
drinking water?

What water purification methods are available to members of (unit)?

Under what circumstances will they be used?

Ifwater purification tablets are used, what color are they?

Electronic Technical Data:

Radio Frequencies: What are the primary and alternate frequencies for radios in

(each unit)?

Under what circumstances will alternate frequencies be used?

What networks operate on the various frequencies?

Call Signs: What is the call sign of (unit)?

What is the call sign of (each) person of authority in the unit?

When do call signs change?

What informal call signs are in use?

Miscellaneous: Personalities: Question for name, rank, unit, duty position, and unit of key leaders. Collect identifying characteristics such as age, height, weight, build, hair and eye color,
writing hand, facial hair and teeth. Report contact information such as work and home addresses, telephone numbers, fax
number, and email address.

Complete biographical IIR format is in DIAM 58-12 (S//NF).

Code Names: What is the code name of (each unit)?

What code names are being used for specific operations?

Passwords: What is the current challenge/password for (unit)?

When did it go into effect?

When will it change?

What will the next challenge/password be?

What other (informal, "run in") passwords are in use?

Obstacles: Enemy: What obstacles have the enemy forces emplaced? Where, when, what type of obstacles? What safe lanes are there through or around the obstacles?
(If mine fields, collect type, pattern, quantity, and method of emplacement of mines.) How are the obstacles being covered (artillery, ambush, etc.)?
6 September 2006
Why have the obstacles been emplaced where they are (denial of terrain, canalization
into a fire sack, etc.)?
Friendly: What friendly obstacles have enemy forces encountered?
Where? When?
Have those obstacles been breached or otherwise neutralized?
What effect have the friendly obstacles had on enemy maneuver? PSYOP:
Enemy: What PSYOP are being conducted by (unit)?
What is the text of the messages?
Who is the target audience?
Where are the PSYOP materials prepared?
Where and how are they delivered? What is the hoped-for effect?
Friendly: What PSYOP have members of (unit) encountered? Where? When?
What form of PSYOP was encountered?
What effect have the PSYOP had on the officers/NCOs/enlisted of (unit)?
What is the leadership of (unit) doing to counter the effects of friendly PSYOP?
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FM 2-22.3
Appendix H
SALUTE Reporting
H-l. The SALUTE report format requires brief entries which require the collector to break information down into basic elements: who, what, where, when, why, and how. This allows for efficient reporting via electronic or hardcopy medium. It also allows the analyst to quickly scan multiple reports to find specific information.
H-2. Figure H-l provides guidance and is not to be construed as strict requirements. SALUTE reports of combat activity may only contain a word or two in each entry, whereas Intelligence reports tend to include more detail.
6 September 2006
TO: Usually the address ofthe supported S2/G2 (according to unit SOP)
FROM: Your unit or team designation, or your duty position, as appropriate
DTG: The date-time group of when the report is being submitted
Report Number: From local SOP
1.
(S)izelWho: Expressed as a quantity, and echelon, or size (e.g., 1 x BDE). If multiple echelons are involved in the activity being reported, there can be multiple entries (e.g.,l x BDE; 2 x BN). Non-standard units are reported as such (e.g., bombmaking class; support staff).

2.
(A)ctivitylWhat: This line is the focal point of the report and relates to the PIR or important non-PIR information being reported. It should be a concise bullet statement.

3.
(L)ocationlWhere: Generally a grid coordinate, including the 100,000 meter grid zone designator. The entry can also be an address, ifappropriate, but still should include an 8-digit grid coordinate. City names will always be followed by the twocharacter country code. Ifthe activity being reported involves movement (advance, withdrawal, etc.) the location entry will include "From" and "To" entries. The route used will be reported under "Equipment/How."

4.
(U)nitlWho: This entry identifies who is performing the activity described in the "ActivitylWhat" entry. Include the complete designation of a military unit, identification of a civilian or insurgent group, or the full name of an individual, as appropriate.

5.
(T)imelWhen: For a future event, this is when the activity will initiate. Past events are usually not the subject of SALUTE reports, but ifa past event is to be reported, the TimelWhen entry will generally reflect when the event ended. Ongoing events are reported as such. Reports of composition of forces, morale, and Electronic Technical Data and other non-event topics are reported as ongoing. When reporting on a disposition, the "TimelWhen" entry is generally the last time the source was at the disposition.

6.
(E)quipment/How: The information reported in this entry clarifies, completes, and/or expands upon information reported in any of the previous entries. It includes information concerning equipment involved, tactics used, and any essential elements of information not reported in the previous paragraphs.

7.
Remarks: Use this entry to report the source of the information, whether a person, a CED, open-source media, or other source. Include the date of information and the PIR that the reported information addresses. Map data for coordinates given in the "LocationlWhere" entry are included, stating map series name, sheet number, scale and edition. Ifthere are enclosures to the SALUTE report, such as sketches, they are annotated here.

Figure H-1. Example of a Written SALUTE Report.
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FM 2-22.3
Appendix I
Document Exploitation and Handling
I-I. DOCEX is a vital information source in the development of the allsource intelligence picture. Unless planned for and carefully monitored, the volume of CEDs in all operations can rapidly overwhelm a unit's capability to extract meaningful information.
DEFINITIONS
1-2. A document, as defined by AJP 2.5, is any piece of recorded information, regardless of form. Documents include printed material such as books, newspapers, pamphlets, OPORDs, and identity cards as well as handwritten materials such as letters, diaries, and notes. Documents also include electronically recorded media such as computer files, tape recordings, and video recordings and the electronic equipment which contains documents or other vitally important intelligence. Examples include hard drives, operating systems, and personal electronic devices, including phones, PDAs, and GPS devices. A CED may be needed by several collection or exploitation activities at the same time, requiring copies to be made. Collectors must have ready access to copying equipment. Documents often must be evacuated through two different channels for proper exploitation, which also makes copying necessary. Such documents and equipment require special handling to assure that they are returned to their owners.
1-3. DOCEX is the systematic extraction of information from threat documents for the purpose of producing intelligence or answering IRs. A threat document has been in the possession of the threat, written by the threat, or is directly related to a future threat situation. DOCEX can occur in conjunction with HUMINT collection activities or as a separate activity.
1-4. A CED is any document that was in the possession of an enemy force that subsequently comes into the hands of a friendly force, regardless of the origin of that document. There are three types of CEDs.
•
Official -documents of government or military origin.

•
Identity -personal items such as identification (ID) cards or books, passports, driver licenses.

•
Personal -documents of a private nature such as diaries, letters, and photographs.

1-5. Open-source documents are documents that are available to the general public including but not limited to newspapers, books, videotapes, public records, and documents available on the Internet or other publicly available electronic media.
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FM 2.22.3 _
1-6. Source-associated documents are documents that are encountered on or in immediate association with a human source. These· may include both official and personal documents. Documents associated with human sources are normally exploited, at least initially, during the interrogation or debriefing of the source. Interrogators typically use these documents during planning and preparation for interrogation of the associated EPW. These personal documents and source identification documents are therefore evacuated in conjunction with the associated source and sent through prisoner, detainee, or refugee evacuation channels rather than through intelligence channels. If the duplication capability exists, collectors should copy personal documents that contain intelligence information and evacuate the copy through intelligence channels. The original personal document should be evacuated with the detainee but not on his person until the RUMINT collector has exploited it. Collectors evacuate official documents through intelligence channels after initial exploitation. If possible, the collector will copy official documents and evacuate the copy with, but not on, the source.
OPEN-SOURCE INFORMATION
1-7. Open-source information is publicly available information appearing in print or electronic form. Open-source information may be transmitted via radio, television, newspapers, commercial databases, electronic mail networks, or other electronic media like CD-ROMs. Whatever form they take, open sources are not
•
Classified at their origin.

•
Subject to proprietary constraints.

•
The product of sensitive contacts with US or foreign persons.

1-8. In all operations, open-source collection can be a valuable addition to the overall intelligence collection and each intelligence discipline's efforts. Opensource information supplements the RUMINT collection effort, and all types of open sources must be considered for exploitation.
1-9. Open sources are evaluated and categorized as friendly, neutral, or hostile. Certain high-value, open-source information sources may be identified for continuous monitoring. Other open-source information sources may be identified to screen for the presence or lack of specific indicators. In addition, the information obtained from open sources is extremely helpful for the RCT members to be current with the latest developments in the AO, which enables them to establish rapport and effectively converse with their sources. Open-source documents are exploited in the same manner as CEDs.
OPEN-SOURCE DOCUMENT OPERATIONS
I-IO.Open-source document operations are the systematic extraction of information from publicly available documents in response to command IRs. Open-source document operations can be separate operations or can be included as part of other ongoing operations. Open-source documents are significant in the planning of all operations, especially during the execution
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—————————FM2.22~3
of stability and reconstruction operations and civil support operations. A well as hard data, open-source information can provide valuable backgroun~ information on the opinions, values, cultural nuances, and other sociopolitical aspects in AOIs. In evaluating open-source documents, collectors and analysts must be careful to determine the origin of the document and the possibilities of inherent biases contained within the document.
CAPTURED DOCUMENT OPERATIONS
I-II. One of the significant characteristics of operations is the proliferation of recordkeeping and communications by digital methods (faxes, e-mails, typed, or computer-generated documents). The rapid and accurate extraction of information from these documents contributes significantly to the commander's accurate visualization of his battlefield. Documents may be captured on or in immediate association with EPWs and detainees, may be found on or turned in by refugees, line crossers, DPs or local civilians, or may be found in abandoned enemy positions or anywhere on the battlefield.
DOCUMENT EVACUATION AND HANDLING
1-12. The rapid evacuation and exploitation of documents is a shared responsibility. It originates with the capturing unit and continues to the complete extraction of pertinent information and the arrival of the document at a permanent repository, normally at the joint level, either within the theater of operations or outside of it. Documents captured in association with detainees and EPWs, with the exception of identity documents, are removed from the individual to ensure that documents of intelligence interest are not destroyed. These documents are evacuated through EPW evacuation channels with, but not on the person of, the detainee. With the exception of official documents, all documents are eventually returned to the detainee.
1-13. CEDs not associated with a detainee are evacuated through MI channels, generally starting with the capturing unit's S2. Depending on the type of documents, they may eventually be evacuated to the National Center for Document Exploitation. HUMINT collectors and translators can extract information of intelligence interest from CEDs at every echelon; they will make an attempt to exploit CEDs within their expertise and technical support constraints. Collectors evacuate CEDs to different elements based upon the information contained and the type of document concerned. For example, documents related to criminal activity may be evacuated to the nearest criminal investigative unit. Direct evacuation to an element outside the chain of command takes place at the lowest practical echelon but is normally done by the first MI unit in the chain of command. Document evacuation procedures are outlined in Annex B (Intelligence) of the unit's OPORD and SOPs.
Actions by the Capturing Unit
1-14. Document accountability begins at the time the document comes into US possession. Original documents must not be marked, altered, or defaced in any way. The capturing unit attaches a DD Form 2745 (Enemy Prisoner of War Capture Tag), Part C, to each document. Only in the case where a
6 September 2006
FM 2.22.3 _
capturing unit does not have the time nor the manpower to mark each document due to ongoing combat operations should the capturing unit fill out one capture tag for a group of documents. In this case, the capturing unit should place the documents in a weatherproof container (box or plastic bag). The capturing unit should fill out two copies of the DD Form 2745, placing one copy inside the container and attaching one to the outside of the container. If these forms are not available, the capturing unit records the required data on any piece of paper. Figure I-I shows an example of a field expedient tag. At a minimum, the capturing unit should record the information as follows:
•
Time the document was captured as a DTG.

•
Place document was captured, including an 8-digit coordinate, and description of the location. This should be as detailed as time allows. For example, if a terrorist safe house was searched, documents might be ''bagged and tagged" based on what room of the house they were in, what file cabinet, what desk, and so forth.

•
Identity of the capturing unit.

•
Identity of the source from whom the document was taken, if applicable.

•
Summary of the circumstances under which the document was found.

1-15. Document evacuation procedures are listed in Annex B (Intelligence) to the OPORD. If the capturing unit does not contain a supporting RCT, it forwards any CEDs found on the battlefield directly to its S2. The S2 extracts PIR information as practicable, ensures that the documents are properly tagged, and ensures speedy evacuation to the next higher echelon through intelligence channels. Normally, a capturing unit will use any available vehicle, and in particular empty returning supply vehicles, to evacuate documents. Documents captured on or in association with detainees, including EPWs, should be tagged and removed from the detainee. They are evacuated with (but not on) the detainees to an MP escort unit or an EPW holding facility.
1-16.When large numbers of documents are captured in a single location, it is often more expedient for the capturing unit to request a DOCEX team or RCT from the supporting MI unit be sent to the documents rather than attempting to evacuate all the documents. This reduces the burden on the capturing unit, facilitates the rapid extraction of information, and enables the priority evacuation of documents of importance to higher echelons. This method should only be used if the capturing unit can adequately secure the documents until the arrival of the DOCEX team and if the battlefield situation and MI resources permit the dispatch of a team. The capturing unit should include in its request the following:
•
The identification of the capturing unit.

•
Its location and the location of the documents.

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CAPTURED DOCUMENT TAG ,~": NATIONALITY OF CAPTURING FORCE:__U_S ·~i';"",;\~~df…,~:~~:,~~')–DATEITIME CAPTURED:__.:…:….;.~ PLACECAPTURED ~~~~ CAPTURING UNIT: IDENTITY OF S611~CE (If to DESCRIPTIC>NOF WEAPON/DOCUMENT: 1X PSYOP document produced by US 16th PSYOP Bn
Figure 1-1. Example of a Field Expedient Capture Document Tag.

•
The general description of the document site (such as an enemy brigade headquarters).

•
The approximate number and type of documents.

•
The presence of captured computers or similar equipment.

1-17. The MI unit dispatching the team should notify the requesting team as soon as possible to provide them an estimated time of arrival and to coordinate the arrival of the team. There is no set time for how long any particular echelon may keep a document for study. The primary aim of speedy evacuation to the rear for examination by qualified DOCEX elements remains. Each echelon is responsible to prevent recapture, loss, or destruction of the CEDs.
ACTIONS BY THE FIRST HUMINT COLLECTION OR DOCEX UNIT
1-18.The first HUMINT collection or DOCEX unit to receive CEDs should log, categorize, and exploit the documents to the best of its abilities based on METT-TC factors. They should rapidly identify documents requiring special handling or special expertise to exploit and evacuate those documents to the appropriate agencies. The MI unit SOP or OPORD should list special document ~vacuation requirements and priorities.
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FM 2.22.3 _
Accountability
1-19.The capturing unit and each higher echelon take steps to ensure that they maintain CED accountability during document evacuation. To establish accountability, the responsible element inventories all incoming CEDs. Anyone who captures, evacuates, processes, or handles CEDs must maintain accountability. All CEDs should have completed captured document tags. An incoming batch of documents should include a captured document transmittal. Figure 1-2 shows this format. The exact format for a document transmittal is a matter of local SOP, but it should contain the information listed below:
•
The identity of the element to which the CEDs are to be evacuated.

•
The identity of the unit forwarding the CEDs.

•
The identification number of the document transmittal.

•
Whether or not CEDs in the package have been screened and the screening category. (If not screened, NA is circled.) Document handlers should package documents that have been screened separately, by category.

• A list of the document serial numbers of the CEDs in the package.
TO: _ DTG: _
FROM: _ TRANSMITTAL NO: _
SCREENED: YES I NO CATEGORY: ABC 0 NA
CEO SERIAL NUMBERS:
Figure 1-2. Example of a Captured Document Transmittal Sheet.

1-20.When a batch is received without a transmittal, the HUMINT collection element contacts the forwarding units and obtains a list of document serial numbers (if possible). The HUMINT collection element records all trace actions in its journal. Accountability includes
•
Inventorying the CEDs as they arrive.

•
Initiating necessary trace actions.

6 September 2006
• Maintaining the captured document log. (See Figure 1-3.)
1-21.When a collector includes intelligence derived from a CED in an intelligence report, he references the identification letters and number of the document concerned to avoid false confirmation.
Inventory
1-22.The receiving element conducts an initial inventory of incoming CEDs by comparing the CED to the captured document tag and accompanying transmittal documents. This comparison identifies
•
Transmittals that list missing CEDs.

•
Document tags not attached to CEDs.

•
CEDs not attached to document tags.

•
CEDs not listed on the accompanying transmittal documents.

UNIT:
FILE RECEIVED DOCUMENT
INCOMING
FORWARDING,
RECEIVED
DTG AND PLACE
NUMBER
DTG SERIAL #
TRANSMITTAL#
UNIT
BY
OF CAPTURE
,
1501 150830AUG99 0102368
H08
SSG KIM
150500AUG99/EK030949
1/82d Abn Di… '.'
"
1502 150930AUG99 0110443
2T11
2/82d Abn Div
SSG KIM
150620AUG99/EK045860
1503 150930AUG99 1039964
2T11
'2/82d AbnDiv
,SSG KIM
150725AUG99/EK058383
1504 150930AUG99 1192583
2T11
2/82d Abn Diy
SSG KIM
150725AUG99/EK058383
",'
,
,:
,,",
:,
CAPTURING
SCREENING
DESCRIPTION
DESTINATIONI
REMARKS
CATEGORY
UNIT
OFDOCUMENT
TRANSMITTAL #
, ", ,,'
':
Co A, 1/5041h , 1 Bde,82d
Letter of p,roffidtion, KP, 1Pg
A
JDEC, 15T01
SALUTE written
Co B, 2/5041h, 2 Bde, 82d
A
Letterdescribing attack, RU, 3 Pg
JDEC, 15T01
SALUTE written
Co B, 2/5041h, 2 Bde, 82d
B
l,.isto( call signs, RU, 1Pg
JDEC, 15T03
None
Co B, 2/5041h , 2 Bde, 82d
C
Personal'letter, KP, 2 Pg
JDEC 15T02
Translation end
I
Figure 1-3. Example of a Captured Document Log.
Trace Actions
1-23.The receiving unit initiates trace actions on all missing CEDs, missing captured document tags, and all information missing from the captured document tags. They initiate trace actions by contacting elements from which the documents were received. The receiving unit can complete this corrective action swiftly if that unit's captured document log was filled out completely. If necessary, the trace action continues to other elements that have handled the document. If a captured document tag is unavailable from elements that have previously handled the CED, the document examiner fills out a
6 September 2006
FM 2.22.3 _
captured document tag for the document using whatever information is available. Attempts to obtain missing CEDs are critical because of the information those CEDs might contain.
Document Logs 1-24.The captured document log is a record of what an element knows about aCED. Mter trace actions are initiated for any missing documents, the CEDs are entered in the REMARKS section of the captured document log. This log must contain the following:
•
Name of capturing unit.

•
File number (a sequential number to identify the order of entry).

•
DTG the CED was received at this element.

•
Document serial number of the captured document tag.

•
Identification number of the transmittal document accompanying the CED.

•
Complete designation of the unit that forwarded the CED.

•
Name and rank of individual that received the CED.

•
DTG and place of capture (as listed on the captured document tag).

•
Identity of the capturing units (as listed on the captured document tag).

•
Document category (after screening).

•
Description of the CED. (At a minimum, the description includes the original language; number of pages; type of document such as a map, letter, or photograph; and the enemy's identification number for the CED, if available.)

•
Destination and identification number of the outgoing transmittal.

•
Remarks to include any other information that can assist the unit in identifying the CED including processing codes. These are set up by local SOPs to denote all actions taken with the document while at the element, including intelligence reports, translations, reproductions, or return of the CED to the source from whom it was taken.

DOCUMENTSCREENING
1-25.Document screening is the rapid but systematic evaluation of documents to determine which documents contain priority information. Selected priority documents will be exploited immediately for PIR information and evacuated expeditiously (often electronically) to a DOCEX facility. Document screening can be done manually (requiring a linguist who is well versed in the current collection requirements) or through the use of scanning devices with key word identification capability. Document processing does not require the complete translation of a document but requires sufficient translation to
6 September 2006
determine the significance of the document. A non-linguist may be able to do a degree of preliminary screening based on document format and the location where the document was found.
1-26.As screeners screen each document, they assign one of four category designations. The assigned category determines the document's priority for exploitation and evacuation. Document screening requires that the screening units receive the most current PIR and intelligence requirements; current friendly and enemy situation update; and relevant OB information. Screeners at higher echelons can re-categorize CEDs, to more accurately reflect the requirements at that level or information that has past its LTIOV.
DOCUMENT CATEGORIES
1-27.Documents are divided into categories to prioritize their evacuation and the extraction of information from them for intelligence purposes. Document categories are discussed below.
Category A
1-28. Category A documents are those that require priority evacuation and/or special handling because of their special intelligence value. They contain SALUTE reportable information. Category A documents also include those that are of interest to another command, collecting agency, or other agency (for example, TECHINT, Air Force, Navy, PSYOP, Cryptography).
1-29. What determines if a document is a Category A document changes according to the operational environment and will be set forth in each DOCEX element's SOP and in Annex B (Intelligence) of the unit's OPORD. Documents that are evidence in legal proceedings against captured personnel suspected of crimes against humanity and war crimes will be handled as Category A documents. All Category A documents are handled as SECRET. Standard Category A documents include but are not limited to
•
Unmarked maps.

•
Maps and charts containing any operational graphics, which are sent to the G2/S2. From G2/S2, they would be evacuated to the all-source analysis center.

•
Air Force related documents, which should go to the nearest Air Force headquarters.

•
Navy related documents, which should be sent to the nearest Navy headquarters.

•
TECHINT-related documents, which are evacuated to the nearest TECHINT unit.

•
Cryptographic and communications-related documents, which are evacuated to the nearest SIGINT analysis unit.

•
Documents constituting evidence to be used in legal proceedings against persons suspected of crimes against humanity and war crimes,

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FM 2.22.3 _
which will be marked "CRIMINAL EVIDENCE." Such documents will be kept separate from other documents and will be stored under guard or in a secure area until turned over to a war crimes investigative unit. SJA should be consulted concerning chain of custody requirements.
Category B
1-30. Category B documents contain information of intelligence interest to the supported command. The lowest echelon possible exploits the documents and evacuates them through intelligence channels. Category B documents are handled as SECRET.
Category C
1-31. Category C documents and items contain no information of intelligence interest but still require special administrative accountability (for example, currency, works of art, narcotics). Currency is accounted for on DA Form 4137 (Evidence/Property Custody Document).
Category D
1-32. Category D documents contain no information of intelligence value. Only the theater or higher document repository can categorize documents as Category D.
GROUP DOCUMENTS
1-33. CEDs are first grouped according to their assigned screening category. Personnel must be careful when sorting CEDs to ensure no CED is separated from its associated documents. These large groupings can be broken down into smaller groups. Each of these smaller groupings consists of CEDs that were
•
Captured by the same unit.

•
Captured in the same place.

•
Captured on the same day at the same time.

•
Received at the DOCEX element at the same time.

TRANSMITTAL OF CEDS FROM FIRST AND SUBSEQUENT MI UNITS
1-34.Unless they have an HCT in DS, most units that capture or find documents normally have no way of evaluating, categorizing, or otherwise differentiating documents. They are all tagged and evacuated together by the most expedient means through MI channels. Once these documents arrive at a HUMINT collection or DOCEX unit, the unit can screen, categorize, and extract information from the documents. The degree that documents are exploited at each echelon is dependent on mission priorities and available resources. Document handlers must note any attempts to exploit CEDs on the transmittal documents to prevent unnecessary duplication of effort by higher echelons.
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1-35.When transportation assets are limited, CEDs are evacuated according to priority based on document categorization. All Category A CEDs will be evacuated first, followed in order by Categories B, C, and D. Documents that have not yet been screened will be evacuated as Category C documents, but the transmittal slip will clearly indicate that the documents have not been screened.
1-36. Documents will be evacuated in accordance with unit SOP and Annex B (Intelligence) in the unit OPORD. Lower priority CEDs, no matter how old, are never evacuated ahead of those with higher priority. CEDs are packaged so that a package of documents contains CEDs of only one category. If the CED cannot be screened because of time or language constraints, it should be treated as a Category C, but kept separate from screened Category C CEDs.
1-37. When CEDs are evacuated from any echelon, a document transmittal sheet is used (Figure 1-2). A separate transmittal document is prepared for each group of CEDs to be evacuated. The sending unit prepares a separate transmittal document for each separate addressee. The transmittal identification number is recorded in the captured document log (Figure 1-3) as part of the entry for each captured document. Copies of all translations should accompany the documents to avoid duplication of effort. Ifthe sending unit submitted intelligence reports electronically, it should note the report number or include a copy of the report with the document to avoid duplicate reporting.
1-38.All CEDs being evacuated must be accompanied with the appropriate
•
Technical document (TECHDOC) cover sheet.

•
SECRET cover sheet on Categories A and B documents.

•
Translation reports and hardcopy reports accompanying translated documents.

•
Captured document tags.

JOINT DOCUMENT EXPLOITATION FACILITY
1-39.The Theater MI brigade or group is normally tasked with the establishment of the theater JDEF. The JDEF is staffed by Army linguists, supported by technical experts from the Army and from the other services, and supplemented as required by military and civilian contract translators. The JDEF will normally contain MI experts from SIGINT, CI, TECHINT, and other areas as required to identify and exploit documents of interest to these specialties.
1-40.Military and civilian translators must have security clearances appropriate to their mission requirements. This normally equates to at least a Secret clearance since the translators must be made aware of US collection requirements to facilitate their work. The JDEF performs a final examination of all documents of possible theater intelligence value before storing or evacuating them. The DIA sets procedures for exploitation of documents above theater Army level.
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FM 2.22.3 _
DOCUMENT PROCESSING (RECOVERY AND TRANSLATION) 1-41. Units must normally process documents prior to exploiting them. Document processing includes the translation of foreign language documents into English, the recovery of damaged documents, the decryption of encrypted documents, and the extraction of documents from electronic media such as the extraction or downloading of files from a computer disc or hard drive. This need for processing frequently limits the amount of DOCEX that can be done outside a DOCEX facility.
DOCUMENTRECOVERY
1-42.At a minimum, the JDEF manning includes teams trained in extracting and downloading information from electronic media such as computer hard drives. These individuals work in conjunction with TECHINT personnel responsible for the evaluation of captured computer hardware and software. These teams are prepared to deploy forward as necessary to accomplish their
mISSIOn.
DOCUMENT TRANSLATION
1-43.Translations are not intelligence information reports. They are, however, often a precondition for DOCEX. Once translated, intelligence information can be extracted and reported on an IIR, SALUTE, or similar report. A translation should accompany the original foreign language document; a copy of the translation should accompany any copies of the original foreign language document and, as required, the intelligence reports. A translation report should contain the following information:
•
Where the report will be sent.

•
Which element prepared the report.

•
DTG of the document translation.

•
Report number as designated by local SOPs.

•
Document number taken from the captured document tag.

•
Document description including type of document, number of pages, physical construction of document, and enemy identification number, if applicable.

•
Original captured document language.

•
DTG document was received at element preparing the report.

•
DTG document was captured.

•
Place document was captured.

•
Identity of capturing unit.

•
Circumstances under which document was captured.

•
Name of translator.

•
Type of translation: full, extract, or summary.

•
Remarks for clarification or explanation, including the identification of the portions of the document translated in an extract translation.

•
Classification and downgrading instructions in accordance with AR 380-5.

6 September 2006
TYPES OF TRANSLATION
1-44.There are three types of translations:
•
Full-one in which the entire document is translated. This is both time and manpower intensive, especially for lengthy or highly technical documents. Normally only a DOCEX facility at theater or national level will do full translations, and then only when the value of the information, technical complexity, or political sensitivity of the document requires a full translation. Even when dealing with Category A documents, it may not be necessary to translate the entire document to gain the relevant information it contains.

•
Extract-one in which only a portion of the document is translated. For instance, a TECHINT analyst may decide that only a few paragraphs in the middle of a 600-page helicopter maintenance manual merit translation, and that a full translation is not necessary. The analyst would request only what he needed.

•
Summary-one in which a translator begins by reading the entire document. He then summarizes the main points of information instead of rendering a full or extract translation. A summary translation is normally written, but may be presented orally, particularly at the tactical level. Summary translations may be done as part of the document screening process. A summary translation requires a translator have more analytical abilities. The translator must balance the need for complete exploitation of the document against time available in combat operations. Translators working in languages of which they have a limited working knowledge may also use a summary translation. For instance, a Russian linguist may not be able to accurately deliver a full translation of a Bulgarian language document. However, he can probably render a usable summary of its content.

TRANSLATOR SUPPORT TO DOCEX
1-45.When HUMINT collectors are not available due to shortages or other mission requirements, DOCEX can be performed by military or civilian linguists under the management of a cadre of HUMINT collectors.
SECURITY REQUIREMENTS
I-46.Document translators will usually need to have a clearance in order to conduct document translation. An exception is that open-source document translation does not require a security clearance unless the information collected from the open-source documents is linked to specific US collection
1-13
6 September 2006
FM 2.22.3 _
requirements, plans, or operations. In this case the translator will need a clearance appropriate to the level of the particular contingency plan or operation to which the information· is linked. Individuals without a security clearance should not be used in the exploitation of a closed source or CEDs. By their very nature, the translation of these documents gives keys into the level of US knowledge and the direction of US planning and intentions that precludes their translation by individuals without a security clearance.
SOURCES OF TRANSLATORS
1-47.There are various sources that a commander can use to obtain the linguists necessary to support DOCEX operations.
•
RC and AC MI linguists. Dependent on their mission requirements, any MI soldiers with the required language qualification may be used as document translators. The advantage of using MI soldiers is that they have the appropriate security clearance and have a firm grasp of collection requirements. The DOCEX operation will usually require MI officers to manage the administrative portions.

•
Other linguists. Non-MI Army linguists include numerous soldiers who have proficiency in a foreign language, regardless of MOS. US civilians can be contracted to provide translator support as can local nationals. Local national hires will provide the bulk of the translator support.

REQUIREMENTS FOR A DOCEX OPERATION
1-48.The number of personnel required to conduct DOCEX varies with the echelon and with the volume of documents. Regardless of the size of the operation, certain basic functions must occur:
•   Supervision    and Administration. These are the C2 and logistical aspects of the DOCEX operation that ensure that operations are smooth and uninterrupted.
• Accountability. Accountability includes logging documents in and out, copying documents as required, storing documents, receiving and transmitting documents, maintaining files, and other routine activities. This ranges from a parttime task for one individual at a low echelon, to warehouse-sized operations involving tons of documents at an EAC document repository.
•   Screening. Screening involves    the review and categorization of all documents, the prioritization for translation and exploitation, and the identification of documents for special handling and immediate transmittal to specialized units for exploitation. Screening requires senior, experienced individuals well versed in the target language and the collection requirements, capable of making rapid decisions based on minimal information. The number of screeners required depends on the document flow that may range from only a few per day at a low echelon, to literally thousands of documents a day at a theater-level activity.
1·14      6 September 2006
•
Security Requirements. Security requirements include ensuring that the personnel dealing with the documents have the appropriate security level and that they do not pose a security risk to the US. This is particularly important when dealing with non-US translators. Security also evolves ensuring that the documents are marked in accordance with regulation and that proper security measures are in place to prevent compromise of information. At higher echelons, dealing with large numbers of non-US translators normally requires a designated CI team conducting recurring personnel security evaluations.

•
Translation. This function involves the directed translation of documents from the target language to English. It requires personnel with the appropriate clearance level who have a working idiomatic knowledge of the target language and English. Higher echelon activities, such as the EAC document repository, group their translation efforts by subject area. For example, one person or group could translate all medical-related documents. At lower echelons, the translators require a more general knowledge. At lower echelons, the same person may translate a document, extract the pertinent information, and report that information. At higher echelons, these are often separate functions.

•
Exploitation and Reporting. This task is the identification and extraction of information in response to collection requirements and requires a high level of expertise. The individual must be totally knowledgeable of collection requirements and must be able to readily identify indicators of activity or identify the significance of minute pieces of information that could contribute to answering requirements. Reporting involves placing that extracted information into a coherent, properly formatted report so that the all-source analyst can add it to the intelligence picture.

•
Quality Control. This aspect includes ensuring that all aspects of the DOCEX operation-including accounting for, screening, translating, exploiting, and reporting-are functioning correctly.

REPORTING
I-49.Information collected from documents is normally reported in a SALUTE report or an IlR. Reporting through other reporting formats is discouraged. Intelligence reports are normally forwarded electronically or as otherwise directed by SOPs and operational instructions. Normally an electronic or hardcopy file of each report is maintained at the unit of origin; one electronic or hardcopy is submitted through intelligence reporting channels; and one is forwarded with evacuated documents to the next unit to receive the document to prevent redundant reporting. In the event that the document itself cannot be evacuated in a timely manner, a verified copy of a translation report can be forwarded separately from the original document to an exploitation agency.
6 September 2006
FM 2.22.3 _
DOCUMENT EXPLOITATION IN SUPPORT OF HUMINT COLLECTION
1-50.Documents found on detainees, including EPWs~that can be exploited more efficiently when combined with HUMINT collection-are forwarded with the detainee to the next echelon in the EPW/detainee evacuation channel. In exceptional cases, documents may be evacuated ahead of the EPW or other detainee for advance study by intelligence units. A notation should be made on the EPW's capture tag or accompanying administrative papers about the existence of such documents and their location if they become separated from the detainee.
SOURCE-ASSOCIATED DOCUMENTS
1-51.Documents captured on or in association with a human source play an important role in the HUMINT collection process. These documents may contain reportable information the same as with any other CED. The information is immediately extracted from the documents and forwarded in the appropriate intelligence report. In addition to reportable information, documents (in particular personal documents) may provide valuable insight into the attitude and motivation of the source and can be effectively used by the HUMINT collector in the approach process (see Chapter 8). Guidelines for the disposition of the detainee's documents and valuables are set by international agreements and discussed in more detail in AR 190-8 and FM 19-4.
I-52. The capturing unit removes all documents, with the exception of the source's primary identification document, from an EPW or other detainee to prevent their destruction. These are placed in a waterproof container (usually a plastic bag) and Part C of the capture tag is placed in the bag. Documents from each source should be placed in a separate bag. These documents are turned over to the first MP EPW handling unit in the chain of command. The MPs will inventory all documents and prepare a handreceipt and provide a copy to the EPW or detainee.
I-53.To ensure proper handling and expeditious disposition of these documents, the first HUMINT collection element to see the detainee should review the documents as part of the source screening process. If an official document is confiscated and evacuated through MI channels, the HUMINT collector must obtain a receipt for that document from the MPs. If possible, the HUMINT collection unit copies any documents that contain information of intelligence interest and forwards the copies through MI channels. With the exception of an identification document, documents are normally kept separate from the detainee until the detainee arrives at a permanent confinement facility, at which time documents are returned to them per AR 190-8.
I-54. Three possible actions may be taken with documents captured with a source. The documents may be confiscated, impounded, or returned to the source.
1·16 6 September 2006
Confiscated
1-55.Documents confiscated from a source are taken away with no intention of returning them. Official documents, except identification documents, are confiscated and appropriately evacuated. The intelligence value of the document should be weighed against the document's support in the HUMINT collection of the source. The HUMINT collector must comply with the accounting procedures established for CEDs by the MPs in accordance with AR 190-8.
Impounded
I-56. Some CEDs will contain information that must be exploited at higher echelons. These documents may be impounded by the HUMINT collector and evacuated through intelligence channels. The HUMINT collector must issue a receipt to the source for any personal documents that he impounds. He must comply with the accounting procedures established for CEDs impounded by the MPs in accordance with AR 190-8. When a CED is impounded, it is taken with the intent of eventual return. Personal documents with military information will be impounded if the military value is greater than the sentimental value. An example of a personal document whose military value might outweigh the sentimental value could be a personal photograph that includes military installations or equipment.
I-57. When a CED is impounded, it must be receipted. The receipt will include an itemized list of all the items taken from the prisoner, and the name, rank, and unit of the person issuing the receipt. Items of high value may be impounded for security reasons. For instance, an EPW or detainee apprehended with an unusually large amount of money would have the money impounded and receipted. The MPs will establish and maintain a DA Form 4237-R (Detainee Personnel Record) for impounded items. The register will identity the owner of the impounded items and provide a detailed description of the items impounded. A receipt will be given to anyone who has items impounded. Also, the OIC or authorized representative will complete and sign DA Form 1132-R (Prisoner's Personal Property List Personal Deposit Fund). A copy will be provided the source. See AR 190-8 for procedures on handling personal effects.
Returned
1-58.Returned CEDs are usually personal in nature. They are taken only to be inspected for information of interest and are given back to the source. Personal documents belonging to a source will be returned to the source after examination in accordance with the GPW. These documents are CEDs whose sentimental value outweighs their military value and may be returned to the source. Copies of these documents may be made and forwarded if deemed necessary. Except for an identification document (which is always returned to the source), documents are evacuated with the source, rather than on the source, until the source reaches a permanent confinement facility at EAC.
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FM 2-22.3
Appendix J

References

The following references are provided to assist HUMINT collectors, commanders, and trainers in obtaining regulatory guidance for HUMINT collection operations. These and other references are in the bibliography.
1. AR 350-1. Army Training and Education. 9 April 2003.
2.
AR 380-5. Department of the Army Information Security Program. September 2000.

3.
AR 380-10. Technology Transfer, Disclosure ofInformation, and Contacts with Foreign Representatives. 15 February 2001.

4.
AR 380-15. (C) Safeguarding NATO Classified Information. 1 March 1984.

5.
AR 380-28. Department ofthe Army Special Security System. 12 December 1991.

6.
AR 380-40. Policy for Controlling and Safeguarding Communications Security (COMSEC) Material. 22 October 1990.

7. AR 380-49. Industrial Security. 15 April 1982.
8.
AR 380-53. Telecommunications Security Monitoring. 29 April 1998.

9.
AR 380-67. Personnel Security Program. 9 September 1988.

10.
AR 381-1. Security Controls on Dissemination ofIntelligence Information.

12 February 1990.

11.
AR 381-10. U.S. Army Intelligence Activities. 1 July 1984.

12.
AR 381-12. Subversion and Espionage Directed Against the US Army (SAEDA).

15 January 1993.

13.
AR 381-14. Technical Counterintelligence (TCI). 30 September 2002.

14.
AR 381-20. (U) US Army Counterintelligence Activities (S). 26 September 1986.

15.
AR 381-45. Investigative Records Repository. 25 August 1989.

16.
AR 381-47. (U) US Army Offensive Counterespionage Activities (S). 30 July 1990.

17.
AR 381-100. (U)Army Human Intelligence Collection Program (S). 15 May 1988.

18.
AR 381-102. (U) US Army Cover Support Program (S). 10 January 1991.

19.
AR 381-143. Military Intelligence Nonstandard Material Policies and Procedures.

1 December 1986.

6 September 2006
FM 2-22.3 _
20.
AR 381-172. Counterintelligence Force Protection Source Operations and Low-Level Source Operations. 30 December 1994.

21.
AR 614-115. Military Intelligence Excepted Career Program. 12 April 2004.

22.
AR 614-200. Military Intelligence Civilian Excepted Career Program. 30 September 2004.

23.
DA Pam 381-15. Foreign Military Intelligence Collection Activities Program. 1 June 1988.

24.
Executive Order 12333. United States Intelligence Activities. 4 December 1981.

25.
DOD Directive 2310.1. DOD Program for Enemy Prisoners of War (EPOW) and Detainees (Short Title: DOD Enemy POW Detainee Program). 18 August 1994.

26.
DOD Directive 3115.09. DOD Intelligence Interrogations, Detainee Debriefings, and

Tactical Questioning. 3 November 2005.

27.
DOD Directive 5100.77. DOD Law of War Program. 9 December 1998.

28.
DOD Directive 5240.1. DOD Intelligence Activities. 3 December 1982.

29.
DOD Instruction 3020.41. Contractor Personnel Authorized to Accompany the U.S. Armed Forces. 3 October 2005.

30.
The Under Secretary of Defense for Intelligence (USD(I) Memorandum, Guidance for the Conduct and Oversight ofDefense Human Intelligence (HUMINT) (U). 14 December 2004.

31.
USD(I) Memorandum, Implementation Instructions for USD(I) Memorandum, Guidance for the Conduct and Oversight of Defense Human Intelligence HUMINT (U). 7 September 2005.

32.
DOD Regulation 5240.0-R. Procedures Governing the Activities of DOD Intelligence

Components That Affect United States Persons. December 1982.

33. Detainee Treatment Act of 2005, Public Law No. 109-163, Title XIV.
Further information and links to many of the above publications can be found at:
https://www.dami.army.pentagon.mil/offices/dami-cd!
ARTEPS, MTPs, and other intelligence training products are available at the Reimer
Digital Library https://www.adtdl.army.mil.

6 September 2006
FM 2-22.3
Appendix K
Contract Interrogators
INTRODUCTION
K-1. Contractors are used increasingly to augment existing capabilities and bridge gaps in the deployed force structure. With the increased use of contractors comes the need to identify the doctrine and procedures affecting their employment. Leaders and those working with contractors must understand that contractors are civilians authorized to accompany the force in the field and should be provided with an ID card as proof of their authorization. In accordance with GPW Article 4, contractors are to be accorded POW status ifcaptured.
KEY TERMS
K-2. Contract Interrogator. A contract interrogator is a contractor who is specifically trained and DOD certified for, tasked with, and engages in the collection of information from individuals (HUMINT sources) for the purpose of answering intelligence information requirements. Their operations must be conducted in accordance with all applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. Contract interrogators will operate only in fixed facilities and not in tactical operations. See DOD Instruction 3020.41 for additional information.
K-3. External Support Contractor. Contract interrogators fall into the category of External Support Contractor. They work under contracts awarded by contracting officers serving under the command and procurement authority of supporting headquarters outside the theater. Their support augments the commander's organic capability.
K-4. Contracting Officer Representative (COR). A COR is the
contracting officer's designated representative who assists in the technical
monitoring and administration of a contract. Typically, a COR is
responsible for assisting the contracting officer in contractor-employee day
to-day management of issues that may affect contractor or unit
requirements.
K-5. Statement of Work (SOW) or Performance Work Statement:
•      Contractor roles and functional requirements, as well as security issues and the relationship to the military chain ofcommand, must be accurately and adequately defined in the SOW. The SOW should include a description of the essential service and require the contractor
6 September 2006      K·1
FM 2-22.3 '–   _
to prepare contingency plans to reasonably ensure continuation. Contractors are required to perform all tasks identified within the SOW and all other provisions defined within the contract. The SOW may also stipulate the appointment of a senior contractor at each echelon or facility to be the point of contact for the commander and the COR for resolving contract performance and scheduling challenges.
•      The contract must stipulate whether the duty of a senior contractor is an additional duty or the full-time job of the selected contractor. Considering that contractors are "managed" rather than "commanded," having a senior contractor will assist the commander in managing the contract. Without an onsite contractor supervisor, the default chain of command for contract interrogators might otherwise reside in CONUS, at the contractor's headquarters.
CIVILIAN STATUS
K-B. A contract employee cannot be made to engage in any activity inconsistent with his civilian status such as serving as a crew member on a weapon system. Interrogations are presumptively consistent with civilian contractor status, but other tasks should be vetted with the command's legal advisor to ensure they are legally permissible.
COMMAND CONSIDERATIONS
K-7. Theaters in which large-scale operations are conducted are very likely to employ contract interrogators, due to limited numbers of Army HUMINT collectors available. The presence of contractors in the AO adds an additional dimension to the commander's planning process. Force protection is a critical issue. Even in "permissive" environments such as in the case of humanitarian operations, contractors may be placed in danger. The commander must protect his contractors since they have limited capacity to protect themselves.
K-B. The commander has no command authority over contractor personnel. Their relationship with the Government is governed by the terms and conditions of their contract. In short, the commander must "manage" contractor personnel through the contracting process. He has no authority to command or discipline them unless it is a declared war, at which time contractors may fall under the provisions of the UCMJ. This distinction between command and management does not prohibit the commander from directing contractors to carry out essential activities, such as activities related to security and safety, consistent with the terms of their contracts.
K-9. The terms and conditions of any contract must be constructed so as to include provisions requiring contractor personnel to abide by all guidance and obey all instructions and general orders applicable to US Armed Forces and DOD civilians including those issued by the Theater Commander. The contractor can be required to "take reasonable steps" to ensure his personnel comply with the above and to ensure "the good conduct" of his employees. Furthermore, the contractor can be required to promptly resolve, to the satisfaction of the COR, all contractor employee performance and conduct problems identified by the COR. The COR can direct the
K·2      6 September 2006
contractor, at the contractor's expense (for example, a non-allowable charge to the contract) to remove and replace any contractor employee failing to comply with the above. This provides a significant tool to aid in achieving good order and discipline within an AO. The commander also has the authority to initiate proceedings that could lead to charges under Military Extraterritorial Jurisdiction Act (MEJA) or the War Crimes Act.
K-IO. Contractors will be subject to the extraterritorial jurisdiction of the United States and will comply with all applicable law and policy. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs. Contractor misconduct may be subject to prosecution under federal jurisdiction pursuant to the MEJA or the War Crimes Act, or both. Procedures for initiating investigation into such misconduct will normally be established by the operational command.
K-l1. The operational command will also establish procedures for referral to federal civilian authorities and necessary pre-trial confinement. Contractors normally will also be subject to the criminal jurisdiction of the HN unless granted immunity from jurisdiction through the provisions of a SOFA or equivalent agreement, or unless the HN waives jurisdiction. As a general rule, contractors are not subject to the UCMJ (with the possible exception for periods of formally declared war).
K-12. The commander should expect contractors to use all means at their disposal to continue to provide essential services, in accordance with the terms and conditions of contracts, until the military releases them. The combatant commander determines when to execute contingency plans for essential services and when to release a contractor.
INTERROGATOR CONTRACT CONSIDERATIONS
K-13. Contracts should be written with the following principles and considerations:
•
Contractors will be deployable under all operational scenarios. They will be subject to the same time-phased force deployment data requirements as deploying military units.

•
The contractor information system will interface with the Standard Army Management Information System at both retail and wholesale levels. Army units should not have to contend with two separate information systems.

•
The contractors will provide interrogation support at fixed facilities as needed. During deployments, the commander (subject to contract terms and conditions) will determine where contractors operate in their AO.

•
The contractors will not r~place force structure. They will augment Army capabilities and provide an additional option for meeting support requirements.

6 September 2006
FM 2-22.3      _
•
Force    protection, including the protection of contractors, is the responsibility of commanders. .

•
The unit must integrate contractor support into the overall support plan. Transportation of contractors on the battlefield must be planned.

•
Command and control of contract personnel is dependent upon terms and conditions of the contract. The contracting officer or his designated representative is the appointed liaison for monitoring contractor performance requirements and will ensure that contractors move material and personnel according to the combatant commander's plan. A good technique is for the command to designate and train a unit COR or Contracting Officer's Technical Representative (COTR) at each facility where contract interrogators will be working. Because international and domestic law, including SOFAs, affect the relationship between commanders and contract personnel, commanders and CORs should seek legal advice concerning issues arising during operations.

•
The unit must establish a contractor personnel reporting and accountability system. Again, a good technique is for the command to designate and train a unit COR or TCOR at each facility where contract interrogators will be working.

•
During deployments, contractors will live and work in field conditions comparable to those for the supported ARFOR. Living arrangements, transportation requirements, food, medical, and other support services will be provided according to the contract. These services may include but are not limited to

•
Non-routine medical and dental care.

• Mess.
•
Quarters.

•
Special clothing, equipment, weapons, or training mandated by the applicable commander.

•
Mail.

•
Emergency notification.

•
Planning must be accomplished to ensure agreed upon support to contractors is available to the responsible commander.

CONTRACT INTERROGATOR REQUIREMENTS
SELECTION AND EMPLOYMENT CRITERIA
K-14. Contract personnel must meet certain minimum requirements to be qualified to work as contract interrogators. It is the responsibility of the hiring contracting company to ensure that these criteria, set by the Government, are met by the personnel they hire.
K-15. Policy will dictate employment criteria such as minimum education,
military service, security clearance, and previous training. Certain civilian
experience and training may also meet the policy requirements for contract
6 September 2006
interrogator qualifications. Commanders and CORs should refer to the current DA policy on contract interrogators for appropriate guidance.
TRAINING REQUIREMENTS
K-16. All contractor interrogators must successfully complete a training program approved by the United States Army Intelligence Center and Fort Huachuca, or the Defense HUMINT Management Office, which will serve as validation to perform MI interrogations (see DODD 3115.09). The organization Commander or Director initiating the contract must certify that the training has been completed. The training program will ensure that contract interrogators are trained and certified on
•
The most current TTP of interrogation as promulgated by DOD.

•
The applicable law and policy related to the treatment of detainees. Applicable law and policy include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 23l0.lE, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs.

K-17. Contract interrogators must also receive training on the supported unit's mission and Interrogation Counter-Resistance Policy pertinent to the AOR they are supporting. This training will be conducted in-theater by the gaining unit.
EQUIPMENT
K-IB. Contractors must be issued personal protection gear appropriate for the threat environment. This may include ballistic helmet, personal body armor, NBC protective gear, and in certain circumstances a personal weapon. Contract interrogators must have access to automation equipment to support their mission of intelligence collection and reporting.
UTILIZATION
K-19. Only trained and certified contractors working under the supervision of MI personnel are authorized to conduct interrogations. Contract interrogators may conduct interrogations with an interpreter in the room; however, an OIC or NCO will monitor the interrogation by personal presence or by means of live video camera feed.
K-20. Contract interrogators
•
Will not supervise any military personnel or federal government employees, nor will they be in charge of interrogation facilities.

•
Will operate only in fixed facilities. This requirement provides a measure of force protection to the contract interrogator and frees up Army HUMINT collectors for tactical missions.

•
Must submit a written interrogation plan to the OIC or NCOIC, and receive approval for the plan, in advance of each interrogation. The plan will specify the information desired and identify what techniques

6 September 2006
FM 2-22.3 _
and approaches for obtaining information will be used to conduct the interrogations.
WORK LOCATIONS
K-21. The commander may position contract interrogators in fixed detention facilities anywhere in the theater, in accordance with the terms and conditions of their contract.
ATTIRE
K-22. Contractors accompanying the force should be visibly distinct from soldiers so as not to jeopardize their status. The JTF or combatant commander may direct contract personnel to wear civilian clothing or a uniform that says "civilian." Specific items of military attire required for safety or security may also be worn, such as chemical defense equipment, cold weather equipment, or mission specific safety equipment.
FIREARMS
K-23. A contractor authorized to accompany the force in the field is not entitled to be issued a firearm. However, a contract employee may be armed only if all of following conditions are met:
•
The theater commander grants his approval.

•
The employee's corporate policy allows it.

•
The employee agrees.

K-24. If all three conditions are met, then the employee must pass proper military side-arm training and will be issued a military specification weapon and ammunition (generally, a 9-millimeter pistol) for personal protection. The contractor must also comply with all applicable DOD, service, and local command policies on weapons.
RECOMMENDED READING
DOD Instruction 3020.41. Contractor Personnel Authorized to Accompany the U.S. Armed Forces. 3 October 2005.
AR 715-9. Contractors Accompanying the Force. 29 October 1999.
DA Pamphlet 715-16. Contractor Deployment Guide. 27 February 1998.
FM 3-100.21. Contractors on the Battlefield. 3 January 2003.
FM 63-11. Logistics Support Element Tactics, Techniques, and Procedures. 8 October 1996.
AMC Pamphlet 715-18. AMC Contracts and Contractors Supporting Military Operations. June 2000.
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FM 2-22.3
Appendix L
Sample Equipment for Her Operations
L-l. This materiel and equipment list is provided as a sample of what an HCT may require to support the commander's intelligence requirements. Some of the equipment that is intended to be given to a source should be considered expendable.
L-2. HCT Kit Bag -Assumes four-person configuration for each echelon. Regardless of support relationship (OrganicIDS/GS/GSR), HCTs inherently require the following.
L-3. Movement/Survivability/Security:
• Two M998 1-%. ton vehicle (or non-tactical vehicle as appropriate for mission) per team.
•
One crew/squad served weapon per team.

•
One M16A2 per team.

•
Three M4s per team.

•
Four 9mms per team.

•
M68 Aim-point System.

• One x body armor with protective plate per team member.

L-4. Collection and Reporting System -Hardware 1 x System per HCT:

•
Scaleable collection and reporting tool that changes configuration depending on where it is on the battlefield.

•
Should include an individual collection and reporting tool.

•
Should include a tool for stand-alone SIPRNET connectivity via satellite or other.

L-5. Collection and Reporting System -Software 1 x per System:
•
Simple, intuitive Graphic User Interface (GUI).

•
Standardized Reports -SALUTE, HR, Tactical Interrogation Report, Contact Report, BSD Report. (policy states that once filled out, the BSD becomes classified; therefore, change policy or make the collection or reporting tool classified as well.)

•
Source Management Tool.

•
CI Investigations Reports.

•
Link Analysis (capable of interface with coalition systems-in this case, AnalystNotebook).

•
Mapping -Single, standardized tool (down to 1:12,500 scale maps, operational graphics, GPS interface).

FM 2-22.3 _
•
Biometrics Integration/Biometrics Enrollment Tools (Integrated Automated Fingerprint Identification System [IAFIS}-compliant lO-print fingerprint scanners, iris scanners, photographing station).

•
Basic DOCEX application.

•
Foreign Language Translation.

•
Mission Planning Software.

•
Query Tools: basic, advanced, multi-entity, multi-media, save user· defined queries.

L-6. Collection and Reporting System -Peripherals 1 x HCT:
•
Digital video/still.

•
Printer with print and scanner head (photo quality with ports for flash cards/memory sticks).

•
Separate collection kit for biometrics (ink/card packets and/or IAFIScompliant live scanner, iris scanner). Must be FBI compliant and portable).

•
GPS.

•
Digital voice recorder (Universal Serial Bus [USB} interface).

L-7. Communications -Requires organic communications systems to higher and laterally (non-line of sight and line of sight):
•
Intra-team communications -1 x individual:

•
Secure or nonsecure (prefer secure).

•
Hands-free and/or handheld.

•
Team to all-1 x HCT:

•
Secure.

•
FMlUHFlMicrowave.

•
Line of sight.

•
Non-line of sight.

• Voice.
•
Digital.

•
Cellular telephone:

-Voice.

. Backup for transmitting data.
-GPS enabled.

•
Friendly force identification and tracking system.

•
HCT to Source -2 sets x HCT:

•
Phone cards.

•
Cell phones.

• Radios.
• Email or "Blackberry-like" communications.
• One-way pager.
• Clandestine signaling.
6 September 2006
L-B. Source Support -2 sets x RCT:
•
Source tracking (blue-force tracker-like capability).

•
Digital Voice Recorder (micro, USB interface).

•
Digital video or still camera, with telephoto lenses.

•
GPS.

•
1 x 1Gb Thumb Drive.

L-9. Data Storage -1 x RCT:

•
2 x hard drives (one for UNCLASS, one for SECRET).

•
2 x MicrolThumb, 1Gb drive (one for UNCLASS, one for SECRET).

L-lO. Power Generation -1 x liquid fuel generator or high-capacity (12
hour) (battery· silent, vehicle recharge), power source -1 x RCT.

L-ll. 1 x Universal Power Conversion Kit per RCT and OMT.

L-12. Vision Enhancement:

•
2 x night vision goggles (NVG) per RCT.

•
1 x thermal sensor per RCT.

•
1 x binoculars per individual (4 each).

•
1 x laser range finder per RCT.

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FM 2-22.3
Appendix M
Restricted Interrogation Technique -Separation
INTRODUCTION
M-l. As part of the Army's efforts to gain actionable intelligence in the war on terrorism, HUMINT collectors may be authorized, in accordance with this appendix, to employ the separation interrogation technique, by exception, to meet unique and critical operational requirements. The purpose of separation is to deny the detainee the opportunity to communicate with other detainees in order to keep him from learning counter-resistance techniques or gathering new information to support a cover story; decreasing the detainee's resistance to interrogation. Separation, further described in paragraphs M-2 and M·28, is the only restricted interrogation technique that may be authorized for use. Separation will only be used during the interrogation of specific unlawful enemy combatants for whom proper approvals have been granted in accordance with this appendix. However, separation may not be employed on detainees covered by Geneva Convention Relative to the Treatment of Prisoners of War (GPW), primarily enemy prisoners of war (EPWs). The separation technique will be used only at COCOM-approved locations. Separation may be employed in combination with authorized interrogation approaches
•
On specific unlawful enemy combatants.

•
To help overcome resistance and gain actionable intelligence.

•
To safeguard US and coalition forces.

•
To protect US interests.

GENERAL
M-2. This appendix provides doctrinal guidance for the use of separation as an interrogation technique. Separation involves removing the detainee from other detainees and their environment, while still complying with the basic standards of humane treatment and prohibitions against torture or cruel, inhuman, or degrading treatment or punishment, as defined in the Detainee Treatment Act of 2005 and addressed in GPW Article 3 (Common Article III). Separation is to be distinguished from segregation, which refers to removing a detainee from other detainees and their environment for legitimate purposes unrelated to interrogation, such as when necessary for the movement, health, safety and/or security of the detainee, or the detention facility or its personnel. This appendix
•
Will be reviewed annually and may be amended or updated from time to time to account for changes in doctrine, policy, or law, and to address lessons learned.

•
Is not a stand-alone doctrinal product and must be used in conjunction with the main portion of this manual.

6 September 2006 M·1
M-3. Careful consideration should be given prior to employing separation as an interrogation technique in order to mitigate the risks associated with its use. The use of separation should not be confused with the detainee-handling techniques approved in Appendix D. Specifically, the use of segregation during prisoner handling (Search, Silence, Segregate, Speed, Safeguard, and Tag [5 S's and a TD should not be confused with the use of separation as a restricted interrogation technique.
M-4. Members of all DOD Components are required to comply with the law of war during all armed conflicts, however such conflicts are characterized, and in all other military operations. Proper application of separation as a restricted interrogation technique in selective cases involving specific unlawful enemy combatants and in accordance with the safeguards outlined in this manual is consistent with the minimum humane standards of treatment required by US law, the law of war; and does not constitute cruel, inhuman, or degrading treatment or punishment as defined in the Detainee Treatment Act of 2005 and addressed in GPW Common Article III.
M-5. Use of separation for interrogation is authorized by exception. Separation will be applied on a case-by-case basis when there is a good basis to believe that the detainee is likely to possess important intelligence and the interrogation approach techniques provided in Chapter 8 are insufficient. Separation should be used as part of a well-orchestrated strategy involving the innovative application of unrestricted approach techniques. Separation requires special approval, judicious execution, special control measures, and rigorous oversight.
M-6. Additionally, the use of separation as a restricted interrogation technique shall be conducted humanely in accordance with applicable law and policy. Applicable law and policy for purposes of this appendix include US law; the law of war; relevant international law; relevant directives including DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "The Department of Defense Detainee Program"; DOD instructions; and military execute orders including FRAGOs.
M-7. More stringent than normal safeguards must be applied when using the separation technique. Use of separation is subject to USD(I) oversight. Compared to approach techniques, there are two additional steps in the approval process (see Figure M-I) for the use of the separation technique:
•
First, the COCOM Commander approves (after SJA review) use of the separation technique in theater.

•
Second, following the COCOM Commander's approval, the first General Officer/Flag Officer (GO/FO) in an interrogator's chain of command approves each specific use of separation and the interrogation plan that implements separation (this is non-delegable). Interrogation supervisors shall have their servicing SJA review the interrogation plan before submitting it to the GO/FO for approval.

6 September 2006
————————–FM 2-22.3
Separation Technique Approval COCOM Commander USD(I) Provides oversight of OSO Policy Interrogator Approves overall use of interrogation approach techniques in theater. GOlFO Approves each interrogation plan that includes COCOM-authorized use of separation. Approves all extensions or additional iterations. Interrogation Unit Reviews interrogation plans that include use of COCOM-approved use of separation. Plans, prepares, executes, and assesses their use. Interrogation Supervisor Develops interrogation plan based on screening Reviews interrogation plan for necessity and I ,,..–,/ appropriateness of requested use of separation. and assessment of source's intelligence value Ensures that proper safeguards and support and level of cooperation. are stipulated.
Figure M-1. Separation Approval Process.

M-8. The employment of separation requires notification, acknowledgment, and periodic review, in accordance with USD(I) Memorandum, "(S//NF) Guidance for the Conduct and Oversight of Defense Human Intelligence (HUMINT) (U)," dated 14 December 2004. This means that after the separation is approved for use by COCOMs, the I&WS must be notified as soon as practical. The Office of the Secretary of Defense will review these activities periodically in accordance with DOD Directive 3115.09.
M-9. The planning process for the employment of standard interrogation operations also applies to the employment of the separation technique (see Chapter 4).
6 September 2006
FM 2-22.3 _
RESPONSIBILITIES
M-lD. Commanders of interrogation or detention facilities and forces employing the approved separation technique are responsible for compliance with applicable law and policy. Commanders must understand that separation poses a higher risk to the detainee than do standard techniques, and so require strenuous oversight to avoid misapplication and potential abuse.
M-1l. The interrogation chain of command must coordinate the interrogation plan with the detention operations commander. Close coordination must occur between intelligence personnel and personnel responsible for detainee operations, including MP, security forces, Master at Arms, and other individuals providing security for detainees (hereafter referred to as guards). Guards do not conduct intelligence interrogations and, in accordance with DOD Directive 3115.09, will not set the conditions for interrogations. Guards may support interrogators as requested for detainee custody, control, escort, and/or additional security (for example, for combative detainees), in accordance with paragraphs 5-57 through 5-66 and FM 3-19.40, JP 3-63, and the approved interrogation plan.
M-12. The detention operations commander (in conjunction with the MI commander) may convene a multidiscipline custody and control oversight team including, but not limited to, MP, MI, BSC (if available), and legal representatives. The team can advise and provide measures to ensure effective custody and control in compliance with applicable law and policy.
M-13. Commanders must consider the following when employing separation:
•
Is separation directed against the appropriate individual and is it necessary for collecting important intelligence?

•
Does separation complement the overall interrogation strategy and interrogation approach technique or techniques?

•
Is the application of separation with the specific detainee at issue consistent with humane treatment and in accordance with applicable law and policy?

M-14. Planning for the use of separation requires coordination with staff elements that provide support to interrogation operations. Staff elements that support interrogation facilities and forces employing separation will comply with paragraphs 4-59 and 4-60 and all controls and safeguards identified in paragraphs M-17 through M-26.
GENERALCONTROLSANDSAFEGUARDS
HUMANE TREATMENT
M-15. All captured or detained personnel shall be treated humanely at all times and in accordance with DOD Directive 3115.09, "DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning"; DOD Directive 2310.1E, "Department of Defense Detainee Program," and no person in the custody or under the control of the DOD, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment as defined in US law, including the
6 September 2006 .
————————–FM2-22.3
Detainee Treatment Act of 2005. All intelligence interrogations, debriefings or tactical questioning to gain intelligence from captured or detained personnel shall be conducted in accordance with applicable law and policy.
M-16. Any inhumane treatment-including abusive practices, torture, or cruel, inhuman, or degrading treatment or punishment as defined in US law including the Detainee Treatment Act of 2005-is prohibited and all instances of such treatment will be reported immediately in accordance with paragraph 5-69 thru 5-72. Beyond being impermissible, these unlawful and unauthorized forms of treatment are unproductive because they may yield unreliable results, damage subsequent collection efforts, and result in extremely negative consequences at national and international levels. Review by the servicing SJA is required prior to using separation. Each interrogation plan must include specific safeguards to be followed: limits on duration, interval between applications, and termination criteria. Medical personnel will be available to respond in the event a medical emergency occurs.
FM 2-22.3 REQUIREMENTS
M-17. Separation must be employed in accordance with the standards in this manual. These standards include the following:
•
Prohibitions against abusive and unlawful actions (see para 5-75) and against the employment of military working dogs in the conduct of interrogation (see paras 5-59 and 8·2).

•
Requirement for non-DOD agencies to observe the same standards for the conduct of interrogation operations and treatment of detainees when in DOD facilities (see para 5-55).

•
Prohibition on guards conducting intelligence interrogations or taking any actions to set the conditions for interrogations. Humane treatment, evacuation, custody and control (reception, processing, administration, internment, and safety) of detainees; force protection; and the operation of the internment facility are discussed in paragraphs 5-57 through 5-66. (FM 3-19.40 and JP 3-63 also thoroughly discuss detainee operations.)

•
Assignment of ISNs to all detainees in DOD control, whether or not interrogation has commenced, as soon as possible; normally within 14 days of capture. (See AR 190-8 and Secretary of Defense Memorandum dated 20 September 2005, n(S//NF) Policy on Assigning Detainee Internment Serial Numbers (ISN)(U).n

•
Access to detainees by the ICRC.

REPORTING OF ABUSES AND SUSPECTED ABUSES M-18. As an interrogation technique, separation is particularly sensitive due to the possibility that it could be perceived as an impermissible act. Interrogators applying the separation technique and the chain of command supervising must be acutely sensitive to the application of the technique to ensure that the line between permissible or lawful actions and impermissible or unlawful actions is distinct and maintained. Therefore, HUMINT collectors should have heightened awareness and understanding of the risks,
6September2006
FM 2-22.3 _
control measures, and safeguards associated with the use of separation. Any interrogation technique that appears to be cruel, inhuman, or degrading as defined in US law; or impermissibly coercive, or is not listed in this manual, is prohibited and should be reported immediately to the chain of command or other appropriate channels for resolution. Orders given to treat detainees inhumanely are unlawful. Every interrogator must know how to respond to orders that the individual interrogator perceives to be unlawful (see paras 5-80 through 5-82).
M-19. If the order is a lawful order, it should be obeyed. Failure to obey a lawful order is an offense under the UCMJ.
COMMAND POLICY AND OPERATION ORDERS
M-20. The provisions of this appendix must be written into COCOM policy and/or OPORDs when using the restricted interrogation technique of separation.
MEDICAL
M-21. Commanders are responsible to ensure that detainees undergoing separation during interrogation receive adequate health care as described in greater detail in paragraph 5-91.
TRAINING AND CERTIFICATION
M-22. Only those DOD interrogators who have been trained and certified by the United States Army Intelligence Center (USAIC), or other Defense HUMINT Management Office (DHMO) designated agency, in accordance with guidance established by USD(I) to use separation, are authorized to employ this technique. The training must meet certification standards established by the Defense HUMINT Manager in coordination with applicable DOD components. Properly trained and certified contract interrogators are authorized to initiate interrogation plans that request the use separation, and, once the plan is approved, to employ the technique in accordance with the provisions of this appendix and Appendix K. Contract interrogators will always be utilized under the supervision and control of US government or military personnel (see para K-19 and K-20). Non-DOD personnel conducting interrogations in DOD facilities must be certified by their agency and separately gain approval (through their agency's chain of command) for the additional technique described in this appendix. They must present this written certification and agency approval to the COCOM before use is permitted (see para 5-55).
PLANNING
M-23. Planning for the use of separation must include
•
An interrogation plan that addresses safeguards, limits of duration, interval between applications, termination criteria, and presence of qualified medical personnel for emergencies (see Figure M-2).

•
A provision for detainees to be checked periodically in accordance with command health care directives, guidance, and SOPs applicable to all detainees.

•
A legal review.

6 September 2006
Page__ of _
INTERROGATION PLAN

FOR USE OF

RESTRICTED SEPARATION TECHNIQUE

THIS FORM IS TO BE COMPLETED IN CONJUNCTION WITH, AND MAINTAINED WITH, THE BASE

INTERROGATION PLAN, FIGURE 10-3, FM 2-22.3. USE ADDITIONAL FORMS AS NEDED.

COCOM/SECDEF ORDER OR PLAN #: _
RESTRICTED TECHNIQUE STRATEGY: JUSTlFICATION: _
USED IN CONJUNCTION WITH THE FOLLOWING APPROACH STRATEGIES: _
SPECIFIC DESCRIPTION OF THE SEPARATION TECHNIQUE EMPLOYMENT STRATE GY: _
——————-_—-:.:~_…::..-_—-
_____________________~C~~ _
PROPOSED DURATION: REQUIRED BREAK: _
SPECIFIC SAFEGUARDS AND OVERSIGHT TO BE EMPLOYED:

GUARDS: –_——_

INTERROGATORS: —..:.~…:.::…_'__ _ OTHER: _
DOCUMENTATION OF USE: (PHOTOS, VIDEO, NOTES) _
TERMINATION CRITERIA TECHNIQUE: _ REVIEW: Interrogation Supervisor: MI Unit Cdr: GO/OF SJA _ APPROVAL AUTHORITY: PRINTED NAME DTG OF APPROVAL
GENERAL OFFICER/flAG OFFICER APPROVED FOR DURATION MI UNIT COMMANDER INTERROGATION SUPERVISOR
Figure M-2. Installation Plan for Restricted Separation Techniques.
6 September 2006 M·7
FM 2-22.3      _
•      Documentation of the use of separation, including photographs and/or videotaping, if appropriate and available (see para 5-54).
M-24. Separation is only authorized for use in interrogation operations, not for other Military Source Operations. Separation may be approved for use in combination with authorized approach techniques. General controls and safeguards contained in this manual must be applied during the use separation, in conjunction with the safeguards specific to the separation technique. Planning must consider the possible cumulative effect of using multiple techniques and take into account the age, sex, and health of detainees, as appropriate.
TECHNICAL CONTROL
M-25. Requests for approval of separation will be forwarded (for information purposes only) via secure means through intelligence technical channels at the same time as they are sent through command channels. Intelligence technical channels are those used for forwarding of source information and technical parameters of collection operations from lower to higher and passing tasking specifics, source information, technical control measures, and other sensitive information from higher to lower. The technical chain extends from the RCT through the OMT and Operations Section (if one exists) to the C/J/G/S2X.
APPLICATION OF SEPARATION TECHNIQUE
M-26. The purpose of separation is to deny the detainee the opportunity to communicate with other detainees in order to keep him from learning counter-resistance techniques or gathering new information to support a cover story, decreasing the detainee's resistance to interrogation. Separation does not constitute sensory deprivation, which is prohibited. For the purposes of this manual, sensory deprivation is defined as an arranged situation causing significant psychological distress due to a prolonged absence, or significant reduction, of the usual external stimuli and perceptual opportunities. Sensory deprivation may result in extreme anxiety, hallucinations, bizarre thoughts, depression, and anti-social behavior. Detainees will not be subjected to sensory deprivation.
M-27. Physical separation is the best and preferred method of separation. As a last resort, when physical separation of detainees is not feasible, goggles or blindfolds and earmuffs may be utilized as a field expedient method to generate a perception of separation.
M-28. Objectives:
•
Physical Separation: Prevent the detainee from communicating with other detainees (which might increase the detainee's resistance to interrogation) and foster a feeling of futility.

•
Field Expedient Separation: Prolong the shock of capture. Prevent the detainee from communicating with other detainees (which might increase the detainee's resistance to interrogation) and foster a feeling of futility.

6 September 2006
M-29. Safeguards:
•
Duration: Self-explanatory.

•
Physical Separation: Limited to 30 days of initial duration.

•
Field Expedient Separation: Limited to 12 hours of initial duration at the initial interrogation site. This limit on duration does not include the time that goggles or blindfolds and earmuffs are used on detainees for security purposes during transit and evacuation.

•
Oversight Considerations for Field Expedient Separation:

•
The intended use of field expedient means of separation must be specified on the interrogation plan that is submitted to the GO/FO for approval.

•
Detainees must be protected from self-injury when field expedient means of separation are used. The effect of the application of field expedient separation means on the detainee must be monitored to detect any possible health concerns.

M-30. The following safeguards apply to both Physical Separation and Field Expedient Separation.
• Break: Additional periods of separation will not be applied without the approving GO/FO's determination of the length of a break between iterations.
•
Extension:

•
Physical Separation Method: Extensions of this technique past 30 days must be reviewed by the servicing SJA and approved by the original approving GO/FO or his replacement in that position.

•
Field Expedient Method: Extensions past 12 hours of initial duration at the initial interrogation site must be reviewed by the servicing SJA and approved by the original approving/replacement GO/FO.

• Medical: Detainees will be checked periodically in accordance with command health care directives, guidance, and SOPs applicable to all detainees.
•
Custody and Control: The interrogation chain of command must coordinate the interrogation plan with the Detention Operations Commander. The Detention Operations Commander (in conjunction with the MI commander) may convene a multidiscipline custody and control oversight team including, but not limited to, MP, MI, BSC (if available), and legal representatives. The team can advise and provide measures to ensure effective custody and control in compliance with the requirements of applicable law and policy.

•
Oversight Considerations:

•
Use of hoods (sacks) over the head, or of duct tape or adhesive tape over the eyes, as a separation method is prohibited.

•
Ifseparation has been approved, and the interrogator subsequently determines that there may be a problem, the interrogator should seek further guidance through the chain of command before applying the technique.

6 September 2006
FM 2-22.3 _
• Care should be taken to protect the detainee from exposure (in accordance with all appropriate standards addressing excessive or inadequate environmental conditions) to
-Excessive noise.

-Excessive dampness.

-Excessive or inadequate heat, light, or ventilation.

-Inadequate bedding and blankets.

-Interrogation activity leadership will periodically monitor the

application ofthis technique.
•
Use of separation must not preclude the detainee getting four hours of continuous sleep every 24 hours.

•
Oversight should account for moving a detainee from one environment to another (thus a different location) or arrangements to modify the environment within the same location in accordance with the approved interrogation plan.

M-31. Suggested Approach Combinations:
•
Futility.

•
Incentive.

•
Fear Up.

M-10 6 September 2006
Glossary
The glossary lists acronyms and terms with Army or joint definitions, and other selected terms. Where Army and joint definitions are different, (Army) follows the term. Terms for which FM 2-22.3 is the proponent manual (the authority) are marked with an asterisk (*) and followed by the number of the paragraph ('D or page where they are defined. For other terms, refer to the manual listed. JP 1-02, Dictionary of Military and Associated Terms and FM 1-02 Operational Terms and Graphics are posted on the Joint Electronic Library, which is available online and on CD ROM.
•
Use this URL to access JP 1-02 online:

https://atiam.train.army.mil/soldierPortal/atia/adlsc/view/public/I1444-1/FM/l
02/TOC.HTM

•
Use this URL to access FM 1-02 online:

https://atiam.train.army.mil/soldierPortal/atia/adlsc/view/public/I1444-l/FM/l
02/TOC.HTM

•
/jel/service-pubs/l01_5_1.pdf

•
Follow this path to access JP 1-02 on the Joint Electronic Library CD-ROM:

Mainmenu>Joint Electronic Library>DOD Dictionary.

•
Follow this path to access FM 1-02 on the Joint Electronic Library CD-ROM:

Mainmenu>Joint Electronic Library>Service Publications>Multiservice Pubs>

FM 101-5-1.

*2X      The *2X Staff conducts mission and RM for all HUMINT and CI entities located within the designated AOIR. It coordinates, deconflicts, and synchronizes all HUMINT and CI activities in the designated AOIR. ("*2X" indicates 2X functions at all levels.)
AC      Active Component
ACCO Army Central Control Office
ACE analysis and control element
ACT Analysis Control Team
ADA Air Defense Artillery
ADP automated data processing
ADCON administrative control
aka      also known as
AMHS Automated Message Handling System
AMID allied military intelligence battalion
AO      area of operations
AOI      area of interest
AOIR area of intelligence responsibility
AOR area of responsibility
6 September 2006      Glossary-1
FM 2-22.3
approx ARNG ASAS ASCC ASD(C3I)
ASI assn ATD BAT BCT BDA BOS BSC BSD C2 CA CAT CCIR CCNY CDOC CDR CGS CE CED CEE
CENTCOM CFSO CHAMS CHATS CI CIA CICA CIAC
_
approximately Army Reserve National Guard All-Source Analysis System Army Service Component Command Assistant Secretary of Defense (Command, Control,
Communications, and Intelligence) additional skill identifier assassination associated technical document Biometric Automated Toolset brigade combat team battle damage assessment Battlefield Operating System Behavioral Science Consultant basic source data command and control civil affairs category commander's critical information requirement City College of New York captured document commander common ground station captured equipment (STANAG term)
captured enemy document captured enemy equipment US Central Command Counterintelligence Force Protection Source Operations CIIHUMINT Automated Management System CIIHUMINT Automated Tool Set counterintelligence Central Intelligence Agency Counterintelligence Coordination Authority Counterintelligence Analysis Cell
6 September 2006
Glossary-2
CID

CIFA

C2X

C/J2XLNO C/J/G2X C/J/G/S2
C/J/G/S2X
CMO COA COCOM COE COLISEUM
COMMZ CONUS CONOP COP COR COT COTR counterintelligence
Counterintelligence Coordinating Authority
CP CPERS CPR CS CSS CTF
Criminal Investigation Division Counterintelligence Field Agency Coalition Intelligence Staff Officer Coalition/Joint Intelligence Staff Liaison Officer Coalition/Joint/CorpslDivision Intelligence Staff Officer Coalition/Joint/CorpslDivision/Brigade and Below Intelligence
Staff Officer
Coalition/Joint/CorpslDivision/Brigade and Below Intelligence Staff Officer civil-military operations course of action Combatant Command common operating environment Community On-Line Intelligence System for End Users and
Managers communications zone continental United States contingency operations common operational picture contracting officer representative commercial off-the-shelf Contracting Officer's Technical Representative Information gathered and activities conducted to protect against
espionage, other intelligence activities, sabotage, or assassinations conducted by or on behalf of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. (FM 2-0)
Subordinate to the J/G2X and coordinates all CI activities for a deployed force. It provides technical support to all CI assets and coordinates and deconflicts CI activities in the deployed AO. (FM 2-0)
command post captured personnel (JP-2.5) Common Point of Reference combat support combat service support coalition task force
6 September 2006 Glossary-3
FM 2-22.3
DA DCGS-A DCIS DCISS DCP DEA debriefing
DED DH DHMO DHS DIA DII DISCOM DOCEX document exploitation
DOD DOE DP DRP DRS DS DSCA DSS DST DTG EAC EEFI EPW evaluating
Glossary-4
-,…-_
Department of the Army Distributed Common Ground System-Army Defense Criminal Investigative Service Defense Intelligence Agency CI Information System detainee collection point Drug Enforcement Agency The systematic questioning of individuals to procure information
to answer specific collection requirements by direct and indirect questioning techniques. (FM 2-0) Data Element Dictionary Defense HUMINT Defense HUMINT Management Office Department of Homeland Security Defense Intelligence Agency DOD Information Infrastructure Division Support Command
document exploitation The systematic extraction of information from all media formats in response to collection requirements. (FM 2-0)
Department of Defense Department of Energy displaced person Detainee Reporting Detainee Report System direct support defense support of civilian authorities decision support software decision support template date-time group echelons above corps essential elements of friendly information enemy prisoner of war In intelligence usage, appraisal of an item of information in
terms of credibility, reliability, pertinence, and accuracy. (FM 2-0)
6 September 2006
EW
FBI
FEO
FFIR
FHA FISS Five S's FORSCOM FRAGO FRN FSE Gb GC
GPS GPW GRCS GRIFN GS GSR GUI GWS
HAC HAT HCR HCT HET HN HOC HSOC HQ HQDA
electronic warfare Federal Bureau of Investigation forced entry operations friendly force information requirement foreign humanitarian assistance Foreign Intelligence Security Service search, seize, segregate, safeguard, and silence US Army Forces Command fragmentary order field reporting number fire support element gigabyte Geneva Convention Relative to the Protection of Civilian Persons
in Time of War Global Positioning System Geneva Convention Relative to the Treatment of Prisoners of War Guardrail Common Sensor Guardrail Information Node general support general support-reinforcing graphic user interface Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field HUMINT analysis cell HUMINT analysis team HUMINT collection requirement HUMINT collection team human exploitation team host nation HUMINT operations cell Homeland Security Operations Center headquarters Headquarters, Department of the Army
6 September 2006 Glossary-5
human intelligence
HUMINT HUMINT Analysis Cell
HUMINT Analysis Team
HUMINT Operations Cell
I&WS
IAFIS IBS ICF
ICRC ID
lED
IG IIMG IIR IMINT INTREP INTSUM IPB IPF IPSP IR ISA ISN ISR IU
Glossary-6
_
The collection by a trained HUMINT collector of foreign information from people and multimedia to identify elements, intentions, composition, strength, dispositions, tactics, equipment, and capabilities. (FM 2-0)
Human Intelligence The "fusion point" for all HUMINT reporting and operational analysis in the ACE and JISE. It determines gaps in reporting
and coordinates with the requirements manager to cross-cue other intelligence sensor systems. Sub-element of the G2 ACE that supports the G2 development of
IPB products and developing and tailoring requirements to match
HUMINT collection capabilities. Assigned under the J/G2X to track all HUMINT activities in the area of intelligence responsibility (AOIR). It provides technical support to all HUMINT collection operations and deconflicts HUMINT collection operations in the AO. (FM 2-0)
Deputy Under Secretary of Defense for Intelligence and Warfighting Support Integrated Automated Fingerprint Identification System Integrated Broadcast Services intelligence contingency fund International Committee of the Red Cross identification improvised explosive device Inspector General Interagency Incident Management Group intelligence information report imagery intelligence intelligence report intelligence summary intelligence preparation of the battlefield Intelligence Processing Facility Intelligence Priorities for Strategic Planning information requirements International Standardization Agreement Internment Serial Number intelligence, surveillance, and reconnaissance Interrogation Unit (AJP-2.5)
6 September 2006
J2 J2X J2X
J5 J/G2 J/G/S2 J/G/S2X JAC JAO JCMEC JDEF JDS JFC JIC JIDC JISE JTF JUMPS JWICS KB LCC LDR LEA LNO LRS LTIOV MAGTF MASINT MDMP
Joint Intelligence Directorate/Staff Joint Intelligence Staff Officer Responsible for controlling, coordinating and deconflicting all
HUMINT and CI collection activities and keeping the joint force J2 informed on all HUMINT and CI activities conducted in the joint force AOR. (*2X Staff Handbook) Umbrella organization consisting of human intelligence operation cell and the task force counterintelligence coordinating authority. The J2X is responsible for coordination and deconfliction of all human source-related activity. See also counterintelligence; human intelligence. (JP 2-01)
Joint Staff Directorate, Civil Affairs Joint/CorpslDivision Intelligence Staff Officer Joint/CorpslDivision/Brigade and Below Intelligence Staff Officer Joint/CorpslDivision/Brigade and Below Intelligence Staff Officer Joint Analysis Center joint area of operations Joint Captured Materiel Exploitation Center joint document exploitation facility Joint Dissemination System Joint Forces Commander Joint Interrogation Center Joint Interrogation and Debriefing Center Joint Intelligence Support Element joint task force job, unit, mission, PIR and IR, and supporting information Joint Worldwide Intelligence Communications System knowledgeability brief Land Component Command Lead Development Report law enforcement agency Liaison Officer
long-range surveillance latest time information is of value Marine Air-Ground Task Force measurement and signature intelligence Military Decisionmaking Process
6 September 2006 Glossary-7
MEDEVAC MEF MEJA METT-TC
MI MILO MSO MOS MP MTOE MTW NA NAC NAI NATO NBC NCO NCOIC NGA NGO
NIP NIST NOFORN NRT NSA NVG OB OCONUS OCR OGA
0/1
OIC OMT
Glossary-8
_
medical evacuation Marine expeditionary force Military Extraterritorial Jurisdiction Act mission, equipment, terrain and weather, troops and support
available, time available, and civil considerations Military Intelligence mission, identification, location, and organization military source operations military occupation specialty Military Police modified table of organization and equipment major theater war not applicable national agency check named area of interest North Atlantic Treaty Organization nuclear, biological, and chemical noncommissioned officer noncommissioned officer in charge National Geospatial-Intelligence Agency non-governmental organization Notice of Intelligence Potential national intelligence support team no foreign dissemination
near-real time National Security Agency night vision goggles order of battle outside continental United States optical character recognition other government agencies operations and intelligence officer in charge operational management team
6 September 2006
OPCON OPLAN OPORD OSC OSD OSINT OPTEMPO OVOP PDA
PIR
PME

PMO

POL

POW

PRETECHREP priority intelligence requirements
PSO PSYOP PVO PW
R
R&S RC RFI RM ROE RSR SALUTE SBI SCC SCI SCO SDR
operational control

operations plan

operations order

operations support cell

Office of the Secretary of Defense

open-source intelligence

operational tempo

overt operational proposal

Personal Digital Assistant

priority intelligence requirement

peacetime military engagement

Provost Marshal Office

petroleum, oils, and lubricants

prisoner of war

preliminary technical report

Those intelligence requirements for which a commander has an anticipated and stated priority in the task of planning and decisionmaking. (JP 1-02)
peacetime stability operation (STANAG term) Psychological Operations private volunteer organization Prisoner of War (as used in the GPW) reinforcing reconnaissance and surveillance Reserve Components request for information requirements management rules of engagement Resource Status Report Size, Activity, Location, Unit, Time, Equipment special background investigation
.Service Component Commands sensitive compartmented information Sub-Control Office Source-Directed Requirement
6 September 2006 Glossary-g
security detainee
SE SECDEF SERE
S.F.P. SIGINT SII SIO SIPRNET SIR SITMAP SJA SME SOF
SOFA SOl SOP SOW Source (DOD)
SQL SSC Stability and Reconstruction Operations
STANAG
Glossary-10
_
Those detainees who are not combatants, but who may be under investigation or pose a threat to US forces ifreleased. southeast Secretary of Defense survival, evasion, resistance, and escape Students for Peace signals intelligence statement of intelligence interest senior intelligence officer Secret Internet Protocol Router Network specific information requirement situation map Staff Judge Advocate subject matter expert Special Operations Forces Status of Forces Agreement signal operating instruction standing operating procedure statement of work
1.
A person, thing, or activity from which information is obtained.

2.
In clandestine activities, a person (agent), normally a foreign national, in the employ of an intelligence activity for intelligence purposes. 3. In interrogation activities, any person who furnishes information, either with or without the knowledge that the information is being used for intelligence purposes. In this context, a controlled source is in the employment or under the control of the intelligence activity and knows that the information is to be used for intelligence purposes. An uncontrolled source is a voluntary contributor of information and mayor may not know that the information is to be used for intelligence purposes. See also agent; collection agency. (JP 1-02)

structured query language
small-scale contingency
Those operations that sustain and exploit security and control over areas, populations, and resources. They employ military capabilities to reconstruct or establish services and support civilian agencies. Stability and reconstruction operations involve both coercive and cooperative actions. Standardization Agreement
6 September 2006
TACON tactical questioning
TCICA TCP TDA TDRC TECHDOC TECHNINT TES TF THREATCON TOE TPFDDL
TTP
TS tvl TWS UCMJ UNCLASS unk USAR USB USCENTCOM USD(I) UTM
UW
WARNO WMD WO WTC
tactical control The expedient initial questioning for information of immediate tactical value. Soldiers conduct tactical questioning based on the unit's SOP, ROE, and the order for that mission. Unit leaders must include specific guidance for tactical questioning in the order for appropriate missions. The unit S3 and S2 must also
provide specific guidance down to the unit level to help guide tactical questioning. (FM 2-0) Theater Counterintelligence Coordination Authority traffic control point table of distribution and allowances Theater Detainee Reporting Center technical document technical intelligence Tactical Exploitation System task force threat condition table of organization and equipment Time-Phased Forces Deployment Data List tactics, techniques, and procedures Top Secret travel Trusted Workstation Uniform Code of Military Justice unclassified unknown
US Army Reserve Universal Serial Bus US Central Command Under Secretary of Defense for Intelligence universal transverse mercator (grid) unconventional warfare warning order weapons of mass destruction warrant officer World Trade Center
6 September 2006 Glossary-11
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_______________________________FM 2-22.3
Bibliography

The bibliography lists field manuals by new number followed by old number, as indicated.
DOCUMENTS NEEDED
These documents must be available to the intended users of this publication.

JP 0-2. Unified Action Armed Forces. 10 July 2001.

JP 2-0. Doctrine for Intelligence Support to Joint Operations. 9 March 2000.

JP 2-01.2. (U) Joint Doctrine and Tactics, Techniques, and Procedures for

Counterintelligence Support to Operations (S/ / NF). 13 June 2006. JP 3-0. Doctrine for Joint Operations. 10 September 2001. JP 3-63. Joint Doctrine for Detainee Operations. September 2005. JP 4-0. Doctrine for Logistic Support of Joint Operations. 6 April 2000. AR 40-25. Nutrition Standards and Education. 15 June 2001. AR 715-9. Contractors Accompanying the Force. 29 October 1999. DA Pam 715-16. Contractor Deployment Guide. 27 February 1998. FM 1. The Army. 14 June 2005. FM 1-02. Operational Terms and Graphics. 21 September 2004. FM 2-0. Intelligence. 17 May 2004. FM 3-0. Operations. 14 June 2001. FM 3-100.21. Contractors on the Battlefield. 3 January 2003. FM 5-0. Army Planning and Orders Production. 20 January 2005. FM 6-0. Mission Command: Command and Control ofArmy Forces. 11 August 2003. FM 27-10. Law of Land Warfare. July 1956. FM 34-5. (U) Human Intelligence and Related Counterintelligence Operations (S//NF).
29 July 1994. FM 34-130. Intelligence Preparation of the Battlefield. 8 July 1994. FM 63-11. Logistics Support Element Tactics, Techniques, and Procedures. 8 October
1996. FM 71-100. Division Operations. 28 August 1996. FM 100-15. Corps Operations. 13 September 1989. FM 101-5. Staff Organization and Operations. 31 May 1997. AMC Pam 715-18. AMC Contracts and Contractors Supporting Military Operations.
June 2000.
6 September 2006 Bibliography-1
FM 2-22.3 _
READINGS RECOMMENDED
These sources contain relevant supplemental information.
ARMY PUBLICATIONS
Most Army doctrinal publications are available online: https://155.217.58.58/atdls.htm AR 190-8. Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees. 1 October 1997. AR 190-40. Serious Incident Report. 15 July 2005. AR 195-5. Criminal Investigation Evidence Procedures. 28 August 1982. AR 380-5. Department of the Army Information Security Program. September 2000. AR 380-10. Technology Transfer, Disclosure ofInformation, and Contacts with Foreign Representatives. 15 February 2001. AR 380-15. (C) Safeguarding Classified NATO Information. 1 March 1984. AR 380-28. Department of the Army Special Security System. 12 December 1991. AR 380-40. Policy for Controlling and Safeguarding Communications Security (COMSEC) Material. 22 October 1990. AR 380-49. Industrial Security. 15 April 1982. AR 380-53. Telecommunications Security Monitoring. 29 April 1998. AR 380-67. Personnel Security Program. 9 September 1988. AR 381-1. Security Controls on Dissemination ofIntelligence Information. 12 February 1990. AR 381-10. US Army Intelligence Activities. 1 July 1984. AR 381-12. Subversion and Espionage Directed Against the US Army (SAEDA). 15 January 1993. AR 381-14. Technical Counterintelligence (TCI). 30 September 2002. AR 381-20. (U) US Army Counterintelligence Activities (S). 26 September 1986. AR 381-45. Investigative Records Repository. 25 August 1989. AR 381-47. (U) US Army Offensive Counterespionage Activities (S). 30 July 1990. AR 381-100. (U)Army Human Intelligence Collection Program (S/ /NF). 15 May 1988. AR 381-102. (U) US Army Cover Support Program (S). 10 January 1991. AR 381-143. Military Intelligence Nonstandard Material Polices and Procedures. 1 December 1986. AR 381-172. (U) Counterintelligence Force Protection Operations (CFSO) and Low Level Source Operations (LLSO) (S/ /NF). 30 December 1994. AR 385-10. The Army Safety Program. 23 May 1988. AR 614-115. Military Intelligence Excepted Career Program. 12 April 2004.
6 September 2006 Bibliography-2
_______________________________FM 2-22.3
AR 614-200. Military Intelligence Civilian Excepted Career Program.
30 September 2004.
AR 715-9. Contractors Accompanying the Force. 29 October 1999.
DA Pam 381-15. Foreign Military Intelligence Collection Activities Program.
1 June 1988.
DA Pam 385-1. Small Unit Safety Officer/NCO Guide. 29 November 2001.
TRADOC Reg 25-36. The TRADOC Doctrinal Literature Program (DLP). 1 October
2004.
FM 2-0. Intelligence. 17 May 2004.
FM 3-19.4. Military Police Leader's Handbook. March 2002.
FM 3-19-40. Military Police Internment/Resettlement Operations. August 2001.
FM 4-02.21. Division and Brigade Surgeon's Handbook of Tactics, Techniques and
Procedures. November 2000.
FM 5-0. Staff Organizations and Operations. 31 May 1997.
FM 19-4. Military Police Battlefield Circulation Control, Area Security, and Enemy
Prisoner of War Operations. 7 May 1993.
FM 27-10. Law ofLand Warfare. July 1956.
FM 34-3. Intelligence Analysis. March 1990.
FM 34-7-1. Tactical Human Intelligence and Counterintelligence Operations.
April 2002.
FM 34-8. Combat Commander's Handbook for Intelligence. September 1992.
FM 34-54. Technical Intelligence. January 1998.
FM 34-60. Counterintelligence. 3 October 1995.
FM 41-10. Civil Affairs Operations. 11 January 1993.
FMI 3-19.40. Military Police Internment/Resettlement Operations. 30 September
2005.
TC 25-20. A Leader's Guide to After-Action Reviews. 30 September 1993.
ST 2-22.7. Tactical Human Intelligence and Counterintelligence Operations.
April 2002.
ST 2-33.5. US Army Intelligence Reach Operations. 1 June 2001.
ST 2-50. Intelligence and Electronic Warfare Assets. June 2002.
ST 2-91.6. Small Unit Support to Intelligence. March 2004.

OTHER PUBLICATIONS
JP 2-01. Joint Intelligence Support to Military Operations. November 1996.

AR 350-1. Army Training and Education. 9 April 2003.

DIAM 58-11. (U) DOD HUMINT Policies and Procedures (S/ /NF). August 1993.

DIAM 58-12. (U) DOD HUMINT Management Systems (S/ / NF). June 1997.

6 September 2006 Bibliography-3
FM 2-22.3 _
AJP-2.5. Handling of Captured Personnel, Materiel, and Documents. September 2001. DOD Directive 2310.1. DOD Program for EnemYPrisoners of War (POW) and Other Detainees (Short Title: DOD Enemy POW Detainee Program). 18 August 1994. DOD Directive 2310.1E. The Department of Defense Detainee Program. DOD Directive 3115.09. DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning. 3 November 2005. DOD Directive 5100.77. DOD Law of War Program. 9 December 1998. DOD Directive 5240.1. DOD Intelligence Activities. 3 December 1982. DOD Directive 5525.5. DOD Cooperation with Civilian Law Enforcement Officials. 15 January 1986. DOD Instruction 3020.41. Contractor Personnel Authorized to Accompany the U.S. Armed Forces. 3 October 2005 DOD Regulation 5200.1-R. Information Security Program, 1977. DOD Regulation 5240.0-R. Procedures Governing the Activities ofDOD Intelligence Components That Affect United States Persons. December 1982. DOD SOP for Collecting and Processing Detainee Biometric Data. 11 February 05 Protocol 1 Additional to the Geneva Conventions. Part Iv.' Civilian Population, Section 1: General Protection Against Effects of Hostilities. 1977. Executive Order 12333, United States Intelligence Activities. 4 December 1981.
Under Secretary of Defense for Intelligence (USD(I) Memorandum, "Guidance for the Conduct and Oversight of Defense Human Intelligence (HUMINT) (U)." 14 December 2004.
Implementing Instructions to the USD(I) Memorandum. "Guidance for the Conduct and Oversight ofDefense Human Intelligence (HUMINT) (U)." 7 September 2004.
SECDEF Memorandum, Policy on Assigning Detainee Serial Numbers (ISN) (U). 20 September 2005. 18 U.S.C. Posse Comitatus Act of 1878, § 1385. Homeland Security Act of 2002. Detainee Treatment Act of 2005, Public Law No. 109-163, Title XIV. DA Form 1132-R. Prisoner's Personal Property List -Personal Deposit Fund (LRA). April 1986. . DA Form 4137. Evidence/Property Custody Document. July 1976. DA Form 4237-R. Detainee Personal Record. August 1995. DD Form 2745. Enemy Prisoner of War Capture Tag. May 1996.
Standardization Agreements (STANAG): STANAG 1059. Distinguishing Letters for Geographic Entities for Use by NATO Armed Forces. Edition 8. April 2003.
STANAG 2022. Intelligence Reports. 29 September 1988.
6 September 2006 Bibliography-4
______________________________FM 2-22.3
STANAG 2033. Interrogation ofPrisonersofWar (PW). Edition 6. December 1994.
STANAG 2044. Procedures for Dealing with Prisoners of War (PW). Edition 5. June 1994.
STANAG 2084. Handling and Reporting of Captured Enemy Equipment and Documents. June 1986.
6 September 2006 Bibliography-5
This page intentionally left blank.

FM 2-22.3
Index
Entries are by paragraph number
A
ACE. See analysis and control
element.
AJP 2.5, Appendix E
AO. See area of operations.
Activities matrix, 12-23,
Figure 12-3. See also
Automation analysis tools.
Analysis and control element,
2-16
Analyst support, 9-30.
Analytical
Support, 12-2
Tools, 12-16
Approach, 1-10,7-15,8-1
Phase, 8-4
Rapport, 8-9
Strategies, 8-77
Debriefing, 8-82
Elicitation, 8-86
Interrogation, 8-77
Techniques, 8-17
Transitions, 8-73
Approaches
Change of Scenery, 8-63
Direct, 8-19
Emotional, 8-23
Establish Your Identity, 8-58
False Flag, 8-69
File and Dossier, 8-55
Incentive, 8-21
Mutt and Jeff, 8-65
Rapid Fire, 8-60
Repetition, 8-59
Silent, 8-62
We Know All, 8-53
Area Handbook, 7-4

6 September 2006
Area of operations, 1-29
Assets, HUMINT Collection,
4-40
Association Matrix, 12-19, Figure
12-2
Audio recording, 9-29
Automation, 13-2
Analysis tools, 13-13
Requirements for collectors,
13-24
Systems, 13-21, L-3
Workstation requirements,
13-25

B
Basic Source Data Reports
(BSD), 10-13
Battlefield Operating System
(BOS), 1-1
BEST MAPS, 5-45
Biographic Intelligence, 5-45
Biometrics, 13-4

c
C2X, 2-4
CA. See Civil Affairs.
Capabilities, 1-31
Capture Rates, 5-90
Capture tag, Figure 0-1
Captured document
Handling, 1-12
Log, 1-24, Figure 1-3
Transmittal sheet, 1-19,
Figure 1-2
Captured equipment handling,
0-21
Central Intelligence Agency,
3-24

Change of Scenery Approach,
8-63
Checkpoint Operations, 5-7,
5-36,5-42
CIA. See Central Intelligence
Agency.
CICA. See Counterintelligence
Coordination Authority.
CID. See Criminal Investigation
Division.
Civil Affairs (CA) Units, 4-47,
4-58
Cold leads, 9-22
Collect, 1-2
Collection
Objectives, 7-2
Priority, 4-45
Requirements, 7-4
Combat Service Support Units,
4-58
Combatants, viii
Lawful,6-18
Unlawful,6-18
Command Debriefing Team,
2-13
Command Relationships,
(HUMINT) 4-11
Army, Table 4-2
Joint, Table 4-3
Common points of reference,
9-39. See also Map tracking.
Communication requirements,
13-27, 13-30, L-7
Contact reports, 10-14
Continuous Contacts, 5-16
Contractor, 1-7, K-1
Control Questions, 9-10
Coordinates register, 12-41

Index-1

________________________________Index
Coordination with other units and
operations, 5-42, 5-56, 5-102
Counterintelligence
Coordination Authority, 2-8
Functions, 1-7, Figure 1-2
Screening, 6-39, table 6-1
Courses of Action, 4-44
Criminal Investigation Division,
4-58,4-60,5-42
Cultural Awareness, 1-29, 8-4

o
DEA. See Drug Enforcement
Agency.
Databases, 12-46, 13-18
Debriefing, 1-21
Debriefing Operations, 1-21,
5-30
Legal Guidelines, 5-33
Operational Considerations,
5-34
Deceit, 9-23, 9-25, 9-26
Defensive Operations, 3-7
Detainee, 5-26
Geneva Convention
categories, 6-14
Security, 5-58, 5-78
Interrogation Operations,
1-20
Direct Approach, 8-19
Direct Questioning, 9-4
Document
Accountability, 1-19
Associated with a source,
I-51
Categories, 1-27

Exploitation (DOCEX) Operations, 1-24,4-51, E-12,1-1,1-11,1-48
Exploitation Team, 2-14
Evacuation, 1-12
Handling, 1-14
Screening, 1-25
Tag, 1-14
Translation, 1-43
Transmittal,I-34

Index-2

Drug Enforcement Agency, 4-58

E
EAC HUMINT, 3-22
Emotional Approach, 8-23
EPW

Serial number, 6-12, 6-13
Status, 6-14

Early Entry Operations. See also
HUMINT operations.
HUMINT Support of, 3-6

Economic Intelligence, 5-45
Elicitation, 8-80
Establish Your Identity

Approach,8-58
Exploit dispositions, 9-43

F
False Flag, 8-69
Field Interrogations Operations,
5-95

File and Dossier Approach, 8-55
Fingerprint scanner, 13-4
Five S's, D-7

Forced Entry Operations. See
also HUMINT operations.
HUMINT Support of , 3-5
Formal Contacts, 5-28
Friendly Force Debriefing
Operations, 1-21,5-39

G
G2X, 2-4
Geneva Conventions, 5-68, 5-72
Categories of detainees,
6-15
Excerpts, Appendix A

H
HCT, 2-11. See also HUMINT
Collection Team.
As an Independent Patrol,
3-14
Integrated with other
operations, 3-14

Restricted to Base Camp,
3-14
Hot leads, 9-21
Human Intelligence, 1-4,
Structure, 2-1
HUMINT,1-4
Agencies, 3-24
Analysis, 12-1
Analysis Cell, 2-16
Asset Capabilities, 4-17,
4-26,4-45
HUMINT Collection, 1-8,5-1
Aids, 9-28
Constraints, 4-41
In a Hostile Environment,
3-21
In Permissive Environment,
3-19
In Semi-permissive
Environment, 3-20
Phases, 1-8
Plan, 7-9
HUMINT Collection Team, 2-11
Allocation to maneuver
units, 5-96
HUMINT Collector, 1-7
Traits, 1-28
HUMINT Command and Control,
4-9
HUMINT Contacts, 5-5
One Time Contact, 5-7
Continuous Contacts, 5-16
Formal Contact, 5-28
HUMINT Control Organizations,
2-3 through 2-14
HUMINT Collection and Related
Activities, 1-14
HUMINT Methodology, 1-14,
1-18
HUMINT Mission Planning, 4-35,
4-44
HUMINT Operations, 1-23
Assessing, 4-8
Executing, 4-7
Planning, 4-3
Preparing, 4-5

6 September 2006
HUMINT Organization,
Figure 2-1
HUMINT Requirements
Analysis, 4-18
HUMINT Requirements
Management, 4-16
HUMINT Source, 1-6
Database, 2-9, 12-7
Collection Activities, 1-16
Selection, 12-45
HUMINT Structure, 2-1
HUMINT Tasks, 1-5
HUMINT Technical Control, 4-10

Imagery Intelligence, 4-57
Incentive Approach, 8-21
Information Dissemination, 4-32
INSCOM,3-22
Intelligence Battlefield Operating

System, 1-1
Intelligence Estimate, 7-4
Intelligence information reports,

10-6
Intelligence preparation of the
battlefield, 12-3
Intelligence Process, 1-2,

Figure 1-1
Intelligence Production, 4-31
Intelligence Reach, 7-5, 7-6
Interrogation, 1-20, 5-50

Of wounded detainees,
5-91
Priorities, Figure, 6-3
Prohibited techniques, 5-68,
5-74
Prohibition against use of
force, 5-73
Serial number allocation,
Appendix F
Interrogation Operations, 5-50
Field,5-96
Joint, 5-100
Interpreter program, 11-28,
11-29, 11-30
Interpreter use, 11-2

Advantages, 11-2
Briefing, 11-18
Cautions, 11-4
Controlling and correcting,

11-24
Disadvantages, 11-3
Evaluating, 11-28
Methods, 11-6, 11-7
Placement, 11-21
Techniques, 11-16

Interpreters, 11-1, 11-26
Civilian, 11-15
Evaluating, 11-28
Military, 11-14

INTSUM,7-4
Iris scanner, 13-6
ISR Plan (Integrated), 4-3, 4-27,

4-28

Updating, 4-34

J
J2X, 2-4
JIDC Analysis Section, 2-17
Joint HUMINT, 3-23, 5-91
Joint Interrogation and
Debriefing Center (JIDC),
5-102
Joint interrogation operations,
5-99

K
Knowledgeability Brief, 10-15

L
Lawful enemy combatants, 6-18
Lead development report, 10-15
Leads, 9-20

Levels of Employment, 3-14
Liaison Operations, 1-22, 5-46
Link analysis diagram, 12-16,

12-25, Figure 12-4
Limitations, 1-32
Local civilian debriefing

operations, 1-21
Long-Range Surveillance, 5-42

M
Machine translation, 13-8
Maneuver unit support, 4-9
Map tracking, 9-35
Matrices, 12-18
Measurement and Signals
Intelligence (MASINT), 4-57
Military geographic intelligence,
5-46
Military Intelligence
Organizations, 4-57
Military Police in Association
with Interrogation Operations,
5-56, Figure 6-2
Internmentlresettlement
operations, 6-14,
Figure 6-2
Units, 4-58, 5-42
Mutt and Jeff, 8-65

N
National level intelligence
agencies, 3-24
Notice of intelligence potential,
10-15

o
OB Factors, 12-43
Offensive Operations, 3-2
One-Time Contact, 5-7
Open source documents, 1-10
Operational analysis and

assessment, 12-8
Operational Coordination, 4-9
Operational Management Team

(OMT),2-10
Team leader requirements,

13-23
Operational reports, 10-4
Operations Orders, 4-53
Operations Plans, 4-54
Operations Support Cell, 2-7
Orders

Illegal, 5-80, 5-82
Organizational Chart, 9-28,
Figure 2-1

Index-3

6 September 2006
________________________________Index
p
Pattern analysis, 12-40, 12-42
Plan, 1-2
Planning and Preparation, 1-9,

Political intelligence, 5-45
Polygraph,13-7
Detainee status, 6-14 through
6-23, E-8
Pre-deployment planning,
Appendix C
Prepare, 1-2
Primary approach strategy, 7-15
Process, 1-2
Produce, 1-2
Protected persons, 6-17
Protocol I Additional to the
Geneva Conventions,
Appendix B
Psychological Operations
(PSYOP) Units, 4-58, 5-42

Q
Questioning, 1-11
Illiterates, 9-46
Plan, 7-18
Principles, 9-2
Quick reference guide,
Appendix G
Sequence, 7-19, 7-20
Questions, 9-2
Direct, 9-4
Follow Up, 9-7
Non-pertinent, 9-8
Prepared,9-12
Repeat, 9-9
To avoid, 9-14

R
Rapid Fire Approach, 8-60
Reach. See Intelligence Reach.
Recording principles and
techniques, 9-29
References, Appendix J
Refugee debriefing operations,
1-21,5-31

Index-4

Repetition Approach, 8-59
Reporting, 1-13, 7-24, 10-1
Channels, 10-3, 10-16,
Figure 10-1
Evaluation, 4-33
Principles, 10-2
Report types, 10-3
Required areas of knowledge,
1-29
Research,7-3
Source-specific, 7-8, 7-25
Reserve component integration,
4-50
Restricted Interrogation
Techniques, 8-71
Retained personnel, 6-22
Risk assessment, 4-43

5

S2 Guide for Handling
Detainees, Appendix D
S2X, 2-4
SALUTE reports, 10-10
Format, Appendix H
Science and technical
intelligence, 5-45
Screening, 1-18,6-1
Codes, Table 6-1
Community, 6-38
Documents, 1-25
Local employees, 6-37
Methodologies, 6-9
MP support, 6-14, Figure
6-2
Observations, 6-30
Operations, 1-19,6-7,6-8
Prisoner of war and refugee,
6-9,6-13
Reports, 10-15
Requirements, 6-7
Sheet, Figure 6-1
Search engine, 13-14
Separation, M-1
Signals Intelligence, 4-57
Silent Approach, 8-62

Single-discipline HUMINT
analysis and production,
12-14
Situation Map (SITMAP), 7-4
Sociological Intelligence, 5-45
SOF. See Special operation
forces.
SOR development, 12-5
Source, 1-6
Administrative reports, 10-5
Analysis, 12-11
Assessment, 6-36
Coverage overlay, 12-50
Map reading skills, 9-38
Profiles, 12-51
Reliability matrix, B-1
Special Operation Forces, 5-42
Stability and reconstruction
operations, 3-9
Staff coordination, 4-59
Strategic Debriefing Operations,
5-43
Subject matter expert (SME),
7-4
Support Operations, 3-15
Support Relationships
(HUMINT),4-13
Direct Support, Table 4-2
General Support, Table 4-2
Support Scheme Development,
4-27,4-60

T
Tactical Debriefing Operations,
5-35
Tactical questioning, 1-17
Target Folder, 4-39, 12-47
Task Organization, 4-47
Taskings and Requests, 4-28
Technical expert support, 9-30
Technical intelligence
(TECHINT), 4-57
Screening requirements for,
6-42
Support, 7-17
Termination, 1-12

6 September 2006
Phase, 8-84

Report, 10-15
Third-party information, 9-33
Time Event Chart, 9-28,12-17,

Figure 12-1
Traits of a HUMINT Collector,

1-28
Translation machines, 13-8
Translators, 1-47
Transportation and

telecommunication

intelligence, 5-45

Trusted Workstation (TWS),
13-3

U
Umbrella concept, 7-4
Unit Augmentation, 4-58
Unlawful enemy combatant, viii,
6-18
Urban Operations, 3-16

V
Video Recording, 9-29
Warning Order, 4-37

W
We Know All Approach, 8-53
Web-based reporting, 13-15
Wounded detainees

Interrogation of, 5-91,
9-45

6 September 2006 Index-5
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FM 2-22.3 (FM 34-52) 6 September 2006
I have approved FM 2-22.3 in accordance with DOD Directive 3115.09, DOD Intelligence Interrogations, Detainee Debriefings, and Tactical Questioning.
STEPHEN A. CAMBONE
Under Secretary of Defense for Intelligence
By Order of the Secretary of the Army:
PETER J. SCHOOMAKER
General, United States Army Chief of Staff
~•. E.~
Vlo7eE E. MORROW
Administrative Assistant to the

Secretary of the Army

0516001
DISTRIBUTION:
Regular Army, Army National Guard, and the Army Reserve: To be distributed in accordance with the initial distribution number (IDN) 111130, requirements for FM 2-22.3.
This page intentionally left blank.

\
PIN: 082535-000

.~

6-14. When a detainee is in-processed into an internment facility, MPs will assign the detainee’s status as an EPW, retained person, protected person, or other status under the Geneva Conventions. Figure 6-2 provides excerpts from FMI 3-19.40 on MP internment and resettlement operations. In an international conflict, individuals entitled to POW status (EPWs) include—
•
Members of the regular armed forces.

•
Other militias or volunteer corps, and organized resistance movements of a State Party to a conflict, provided they meet each of the following criteria:

.
Commanded by a person responsible for his subordinates.

.
Having a fixed distinctive sign recognizable at a distance.

.
Carrying arms openly.

.
Conducting operations in accordance with the law of war.

•
Civilians who accompany the force.

•
Crew members of the merchant marine and crews of civilian aircraft of a State Party to the conflict, who do not benefit by more favorable treatment under any other provisions of international law.

6-15. There are other categories specified in Article 4, GPW. Questions with respect to an individual’s entitlement to EPW status should be directed toyour SJA.
6-16. Retained personnel (see Articles 24 and 26, GWS):
•
Official medical personnel of the armed forces exclusively engaged in the search for, or the collection, transport or treatment of wounded or sick, or in the prevention of disease, and staff exclusively engaged in the administration of medical units and facilities.

•
Chaplains attached to the armed forces.

•
Staff of National Red Cross Societies and that of other Volunteer Aid Societies, duly recognized and authorized by their governments to assist Medical Service personnel of their own armed forces, provided they are exclusively engaged in the search for, or the collection, transport or treatment of wounded or sick, or in the prevention of disease, and provided that the staff of such societies are subject tomilitary laws and regulations.

6-17. Protected persons include civilians entitled to protection under the GC, including those we retain in the course of a conflict, no matter what the reason. A “civilian internee” is a person detained or interned in the United States or in occupied territory for security reasons, or for protection, or because they have committed an offense against the detaining power, and who is entitled to “protected person” status under the GC.
6-18. The term “detainee” may also refer to enemy combatants. In general,an enemy combatant is a person engaged in hostilities against the United States or its coalition partners during an armed conflict. The term “enemy combatant” includes both “lawful enemy combatants” and “unlawful enemy combatants.”
• Lawful enemy combatants: Lawful enemy combatants, who are entitled to protections under the Geneva Conventions, include members of the regular armed forces of a State Party to the conflict;

Handling POWs

DEPARTMENT OF THE ARMY FIELD MANUAL.
FM 19-40

f HANDLING PRISONERS OF WAR
USA WAR OFFICE LOGO
[, DEPARTMENT OF THE ARMY. NOYEMBER 1952
United States Government Printing Office
Washington: 1952

PRGP.tiRTY OF U.S. ARMY THE JUDGEADVOCATE GENERAL'S SCHOOl
LIBRARY
DEPARTMENT OF THE ARMY WASHINGTON 25, D. C., 3 November 1952
FM 19-40 is published for the information and guidance of all concerned.
[AG 383.6 (1 May 52)]
By ORDER OF THE SECRETARY OF THE ARMY:
OFFICIAL: J. LAWTON COLLINS WM. E. BERGIN Ohief of Staff, Major General, USA United States Army The Adjutant General
DISTRIBUTION:
Active Army:
Tech Svc (1) ; Admin & Tech Svc Bd (2) ; AFF (5); AA Comd (2); OS Maj Comd (5); Base Comd (2); MDW (5); Log Comd (2); A (2); CHQ (2); Div (2); Brig (2); Regt (1); Bn 19 (2); Co 19
(2) ; FT (1) ; Sch (10) except 19 (300); PMS & T 19 (1); RTC (3); POE (1), OSD (1); Mil Dist (8); T/O & E: 19500 AA thru AE, KA thru KM, MA thruMH.
NG: Div (1) ; Brig (1); Bn 19 (1) ; Sep Co 19 (1). ORO: Div (1); Brig (1) ; Bn 19 (1); Sep Co 19 (1). For explanation of distribution formula, see SR 310-90-1.
iI
A.GO 138GC
FOREWORD
The Geneva Conventions of 1949, many provisions of which have been incorporated in this manual, have at the date of publication not come into force as to the United States and are accordingly not yet binding on the United States or its forces. Until the coming into force of the Conventions the provisions of this manual will be given effect only to the extent that the United States has, acting unilaterally and by special directives, directed that the provisions of the Geneva Conventions of 1949 will be applicable in certain designated areas.
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"
CONTENTS
CHAPTER 1. INTRODUCTION Paragraphs Page
Section I. GeneraL_ __ _ _ _ _ _ _ _ _ _ ___ _ _ __ _ _ _
II. Geneva Conventions____________
III. Disciplinary measures __________
IV. Interrogation_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
CHAPTER 2. COMBAT ZONE Section I. Capture_______________________
II. Collection_____________________
III. Evacuation____________________
CHAPTER 3. PRISONERS OF WAR IN THE COMMUNICATIONS ZONE Section I. Internment fa.cilities ____________
II. Administrative considerations____
III. Transfer and evacuation ________
CHAPTER 4. MILITARY POLICE PRISONER-OFWAR UNITS Section I. Military police prisoner-of-war processing company __________
II. Militarypoliceguardcompany___
APPENDIX TRAINING_____________________
NDEX______________________________________

1-4 1
5-11 3
12-14 13
15-17 17

18-24 22
25-30 28
31-40 33

41-43 42
44-60 49
61-63 71

64-76 75
77-81 85
88
104

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BLANK PAGE

CHAPTER 1 INTRODUCTION
,J
Section I. GENERAL
1. PURPOSE
The purpose of this manual is to serve as an operational guide for military police and other officer and enlisted men in active theaters of operations in handling, processing, interning, and utilizing for labor purposes enemy prisoners of war. Itshould be recognized, however, that in active theaters of operations where the Army is serving as a part of an allied command, compliance with operational instructions other than or in addition to these herein specified might be required. .

2. SCOPE
This manual covers pertinent aspects of the Geneva Conventions of 1949 that pertain to the treatment of prisoners of war. It covers operations of capturing troops; collection; interrogation; evacuation; handling prisoners of war in division, corps, army,
•
and communications zone areas; disciplinary measures; utilization of prisoner-of-war labor; and operations and functions of the' military police

•
prisoner-of-war processing company and the military police guard company.

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3. ARMY RESPONSIBILITY
a. In accomplishing its mission with respect to prisoners of war, the United States Army is charged with, but not limited to:
(1)
Evacuation from receiving points.

(2)
Internment.

(3 ) Medical care.
(4)
Treatment. ~ —–t5) Education.

(6)
Employment and compensation.

(7)
Repatriation.

(8)
Operation of prisoner-of-war information bureaus.

(9)
Maintenance of an appropriate office of record.

o.
Prisoners of war captured by the Navy or Air Force will be evacuated as expeditiously as possible to designated Army receiving points.

4. COMMAND AND STAFF RESPONSIBILITY
. a. Commanders exercise supervision over prisoners of war on behalf of the United States, and are responsible for their custody, administration, and treatment.
o.
Prisoners of war who are captured or interned in a theater of operations remain in the custody of the theater commander until they are evacuated from the theater, repatriated, or paroled.

c.
The assistant chief of staff, G-1, has general staff responsibility for coordinating plans for prisoners of war. The plans. are coordinated with the general -. and special staffs in accordance with their respective spheres of interest. (For a discussion of the

2
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pertinent duties of general and special staff officers, see FM 101-5.)
d. The provost marshal collects, guards, works, and evacuates prisoners of war; and recommends locations for collecting points and cages. The theater provost marshal establishes branch prisoner-of-war information bureaus at theater headquarters in a theater of operations. The provost marshal of a command is usu.ally the officer who is responsible for preparing plans for handling prisoners of war. He submits the plans to the assistant chief of staff, G-1, for the n~cessary coordination. The actual execution of the plans, after they receive command approval, is the responsibility of the provost marshal of the command.
Section II. GENEVA CONVENTIONS

5. GENERAL
a. The United States is a party to the Geneva (Prisoners of War) Oonventions of ~7 July 19~9 and is a signatory to the Geneva Oonventions of 12 August 1949. The 1949 Geneva Conventions will replace the 1929 Geneva Conventions in the relations between the United States and the other parties to the Geneva Conventions when th.ey are ratified by the United States Government. These Conventions consist of the following:
(1)
Geneva Oonvention for the Amelioration of the Oondition of the Wounded and Sick in Armed Forces in the Field.

(2)
Geneva Oonvention for the Amelioration of the Oondition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea.

(3)
Geneva Oonvention relative to the Treatment of Prisoners of War.

(4)
Geneva Oonvention relative to the Protection of Oivilian Persons in Time of WaT.

AGO 1385C 200476°-52-2
b. The handling of prisoners of war as discussed in this manual is concerned primarily with the 1949
Geneva Oonvention relative to the Treatment of Prisoners of War. The discussion and the references to articles in this manual pertain exclusively to that Convention unless otherwise cited.
c.
Such Geneva Conventions as are binding on the United States in a conflict are binding on all United States troops in the same manner as the Constitution and laws of the United States.

d.
All members of the United States Armed Forces should have a general understanding of the contents of the Geneva Conventions of 1949 and the implementing Department of the Army rules and regulations regarding the treatment and handling of prisoners of war (see DA Pam 20-150).

6. PRISONERS OF WAR
a. Persons belonging to one of the following categories are classified as prisoners of war upon capture (see art. 4 of the Geneva Convention Relative to the Treatment of Prisoners of War) :
(1)
Members of the armed forces of an enemy party to the conflict, as well as members of militias or volunteer corps which are a part of such armed forces.

(2)
Members of other militias and of other volunteer corps, including those of organized resistance movements, belonging to

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an enemy party to the conflict, provided that they fulfill the following conditions:
(a)
That of being commanded by a person responsible for his subordinates.

(b)
That of having a fixed distinctive sign recognizable at a distance.

(d)
That of conducting their operations in accordance with the laws and customs of war.

(3)
Members of regular armed forces who profess allegiance to a government or an authority not recognized by the detaining power.

(4)
Persons who accompany the enemy armed forces without actually being members thereof, such as war correspondents and supply contractors, provided that they have received authorization from the armed forces which they accompany.

(5)
Members of crews of the merchant marine and the crews of civil aircraft of the enemy parties to the conflict.

(6)
Inhabitants of a nonoccupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

(7)
Persons belonging, or having belonged, to the armed forces of the occupied country who are interned by reason of their al

. AGO 1385C
legiance to that country, even though the occupying power has originally liberated them while hostilitieS were going on outside the '~erritory it occupies.
(8)
Person belonging to one of the categories enumerated in this paragraph who have been received by neutral or nonbelligerent powers on their territory and have been interned as required by international law.

o.
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories listed above, such persons shall enjoy the protection of the Geneva Oonvention relative to the Treatment of Prisoners of War until such time as their status has been determined by a competent tribunal.

7. RETAINED PERSONNEL
a. The term "retained personnel," as used in this manual, refers to certain enemy personnel who are respected and protected in all circumstances even though they are retained in the same prisoner-ofwar installations as other captured enemy personnel who are defined as prisoners of war. (Geneva Oonvention for the Amelioration of the Oondition of the Wounded and Siok in Armed Foroes in the Field, arts~ 1'34, ~6, and 1'38.) Retained personnel include
(1)
Medical personnel exclusively engaged in the search for, or the collection, transport, or treatment of the wounded or sick, or in the prevention of disease.

(2)
Staff personnel exclusively engaged in the administration of medical units and establishments.

(3)
Chaplains attached to the armed forces.

(4)
Staff personnel of National Red Cross Societies and of other voluntary aid societies duly recognized and authorized by their governments who may be employed on the same duties as the personnel mentioned above, provided that the staff of such societies are subject to military laws and regulations.

b.
Such retained personnel who fall into the hands of the adverse party are retained only so far as the state of health, the spiritual needs, and the number of prisoners of war may require. Personnel thus retained are not deemed prisoners of war. Nevertheless, they at least benefit by the provisions of the

AGO' 13811C
Geneva Oonvention relative to the Treatment of Prisoners of War. Although retained personnel are subject to the internal discipline of a camp, they are not required to perform any work outside their medior religious duties.
c. In no circumstances may retained personnel be deprived of the insignia or identity cards that establish their right to protection under the Geneva -Oonvention for the Amelioration of the Oondition of the W o'11lJ7.ded and Sicle in Armed FDrees in the Field and the Geneva Oonvention relative to the Treatment of Prisoners of War.
d. Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses, or auxiliary stretcher-bearers, in
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the search for or the collection, transport, or treatment of the wounded and sick are likewise respected and protected if they are carrying out these duties at the time when they come into contact with the adverse party or fall into its hands. Such personnel are classified as prisoners of war, but they are employed on their medical duties so far as the need arises.
8. GENERAL PROTECT/ON OF PRISONERS OF WAR
a.
Prisoners of war are in the power and custody of the detaining power, but not of the individuals or military units who have captured them.

o.
Prisoners of war must be treated humanely, and must be protected, particularly against acts of violence or intimidation and against insults and public curiosity at all times. Measures of reprisal against prisoners of war are prohibited.

c.
Prisoners of war are entitled in all circumstances to respect for their persons and their honor. Women shall be treated with all regard due to their sex and shall in all cases benefit by treatment as favorable as that granted to men.

d.
The detaining power must provide free maintenance and medical care for prisoners of war under its control.

e.
Taking into consideration the provisions of the Convention relating to rank and sex, and any privileged treatment accorded by reason of health, age, or professional qualifications, all prisoners of war are treated alike without any adverse distinction based on race, nationality, religious belief, political opinion, or other distinction based on similar criteria.

f.
No form of coercion may be inflicted on prisoners of war to obtain from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.

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9. PRISONER-Of-WAR INfORMATION BUREAUS
f
a. GeneraZ. The Geneva Convention provides that upon the outbreak of a conflict and in all cases of occupation each of the parties to the conflict shall institute an official information bureau for prisoners of war who are in its power, and that a central prisoner-of-war information agency shall be created in a neutral country.
b. Prisoner of War Information Bureau.
(1)
The United States Enemy Prisoner-ofWar Information Bureau operates under the jurisdiction of The Provost Marshal General, Department of the Army. (See SR 10~310-1.) Branch prisoner-of-war information bureaus may be established overseas. Where branch information bureaus have been established, all reports and information, such as are enumerated in (2) below, are channeled through the oversea branch bureaus.

(2)
The Enemy Prisoner-of-War Information Bureau is informed within the shortest possible time of every capture of prisoners of war effected by United States forces. All available pertinent information regarding the prisoner is transmitted to the bureau

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where an individual record is maintained for each prisoner. Most of the data are obtained at the prisoner-of-war camp. The bureau, in turn, immediately forwards such information to the power concerned through the protecting power and the Central Prisoner-of-War Information Agency. (See par. 10.) This information includes, so far as'available to the bureau, the name and other identifying data of each prisoner, the names of the prisoner's parents, the name and address of the person to be informed of his capture, and the address to which correspondence for the prisoner may be sent. The bureau also receives from the various agencies concerned, such as camps or cages, information regarding transfers, releases, repatriations, escapes, hospitalization, state of health of prisoners who are seriously ill or seriously wounded, and deaths. Failure to transmit this information speedily to the enemy power through the channels provided may encourage retaliation in kind.
(3)
The bureau is responsible for replying to all inquiries sent to it concerning prisoners of war, including those who have died in captivity.

(4)
The bureau is also charged with collecting all personal valuables left by prisoners of war who have been repatriated or released, or who have escaped or died, and with forwarding such objects to the powers concerned, or storing the same until proper disposition can be made.

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c. Oentral Prisoner-oJ-War Information Agency.
The International Committee of the Red Cross is authorized by the Convention to propose to the powers concerned the organization of the Oentral Prisoner-oJ-War Information Agency. The function of the agency is to collect through official or private channels all the information it may obtain relative to prisoners of war, and to transmit this informa~ tion as rapidly as possible to the country of origin of the prisoners of war or to the power on which they depend.

10. PROTECTING POWERS
A neutral power which takes charge of the interests of a party to a conflict in order to safeguard the interests of that party, and which acquires certain duties by virtue of the Convention, is termed a protecting power. Representatives or delegates of pro
tecting powers, who are ~.E!?~ti2..~~l?!2!~~?-!
~l}e ,..P.<l.'Y~~~%-~1)._,.,tJWYJlJ:.ec,tQ"~;-.I,,.2~~J~_ei~ duties, are permitted to visit all places where prison-ef~'OTwar may be located, particularly places of internment, imprisonment, and labor. The representatives or delegates of protecting, powers may interview prisoners, and particularly prisoners' representatives, without witnesses. The representatives or delegates of the protecting powers have full liberty to select the places they wish to visit. The duration or frequency of these visits may not be restricted. Such visits may not be prohibited except for reasons of imperative military necessity.
AGO 1385C 200476°-52-3

11. WELFARE ORGANIZATIONS
a.
The representatives appointed to officiate in all welfare organizations are subject to the approval of the detaining power.

b.
The special position of the International Committee of the Red Cross is recognized and respected at all times.

c.
Subject to the measures which the detaining power may consider essential to insure its security or to meet any other reasonable need, representatives of the International Committee of the Red Cross and other relief societies, religious organizations, or other organizations assisting prisoners of war receive from the detaining power all necessary facilities for visiting the prisoners, for distributing supplies and material, from any source, intended for religious, educational, or recreative purposes, and for assisting the prisoners in organizing their leisure time within the camps. Upon delivery of such supplies and material to the prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoners' representative, are forwarded to the relief society or organization making the shipment. Receipts for these consignments are also supplied by the administrative authorities responsible for guarding the prisoners. The detaining power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervisio.n; however, such limitations shall not hinder the effective operation of adequate relief to all prisoners of war.

12 A.GO 1385C
Section III. DISCIPLINARY MEASURES
12. GENERAL
As prisoners of war are subject to the laws, regulations, and orders in force in the armed forces of the detaining power, designated officers in the Armed Forces of the United States and military tribunals of the United States are authorized to impose disciplinary and judicial punishment, respectively, pursuant to the provisions of the Uniform Code of Military Justice and the Manual for Oourts-Martial, United States, 1951. However, if any law, regulation, or order of the United States declares acts committed by a prisoner of war to be punishable, wher~as the same acts would not be punishable if committed by a member of the Armed Forces of the United States, such acts entail disciplinary punishments only. In any event, no proceedings or punishments contrary to the provisions of the Geneva Oonvention relative to the Treatment of Prisoners Of War are allowed.
a.
Military personnel having immediate custody of prisoners enforce military discipline and military courtesy. _

b.
Fraternization of United States Army and civilian personnel with prisoners of war is prohibited.

c.
Collective punishment is not imposed for individual acts. Corporal punishment, imprisonment in premises without daylight, and in general, any form of torture or cruelty are forbidden.

d.
No prisoner of war may be deprived of his rank by the detaining power, or prevented from wearing his badg~

e.
The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, constitutes an extreme measure, and is always preceded by warnings appropriate to the circumstances. Upon recapture, prisoners may be placed under additional guard or strict surveillance to prevent further attempts at escape. If necessary, an organized attempt to escape may be quelled by force of arms. The principles set forth in FM 19-15 may be used as a guide in planning for and the preparation of standing operating procedures for the control of. riots among prisoners of war.

AGO 1385C

13. DISCIPLINARY SANCTIONS
A camp commander, a responsible officer who replaces him, or an officer to whom he has delegated his disciplinary powers may impose disciplinary sanctions, subject to the limitations as to punishment set forth in Chapter III of the G&neva Oonvention relative to the Treatment of Prisoners of WaT. Disciplinary punishments applicable to prisoners of war are limited to a fine not to exceed fifty percent of the advances of pay and working pay which the prisoner of war would otherwise receive, discontinuance of pri';ileges granted over and· above those stipulated by the Geneva Convention, fatigue duties, and confinement. Tn no case shall disciplinary punishments be inhuman, brutal, or dangerous to the health of prisoners of war.
a. The duration of any single punishment is not to exceed 30 days. At least three days must elapse between consecutive punishments, if the duration of anyone of the punishments is ten days or more.
AGOA385C
The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month.
b.
As a disciplinary measure, prisoners may be required to perform fatigue duties not exceeding two hours daily. This punishment is not applicable to officers. Noncommissioned officers may only be required to do supervisory work as a disciplinary measure.

c.
Designated leaders, including officer and noncommissioned officer prisoners, who fail to perform properly the duties of supervision of the personnel under them or any other duty with which they may be entrusted, may be punished under the summary punishment power of the camp commander.

d.
Prisoners who have made good their escape and who are recaptured are not liable to any punishment for having effected their escape. Prisoners of war who are recaptured before making good their escape are liable only to a disciplinary punishment in respect of this act. Prisoners of war who commit offenses with the sole intention of facilitating their escape are liable to disciplinary punishment only provided that such offenses do not entail any violence against life or limb. In like manner, prisoners of war who aid or abet an escape are liable to disciplinary punishment only provided that the offenses committed in the giving of such assistance do not entail any violence against life or limb.

e.
Prisoners of war undergoing confinement as a disciplinary punishment are permitted certain privileges, such as daily exercise in the open air, medical attention, and permission to read and write. Par-

AGO 1385C
eels and remittances of money, however, may be withheld from them until the completion of the punishment.
14. JUDICIAL PROCEEDINGS
In addition to disciplinary sanctions, judicial proceedings may be instituted against prisoners of war, but prisoners of war shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the Armed Forces of the United States of equivalent rank.
a.
No prisoner of war may be tried or sentenced for an act which is not forbidden by United States law or by international law, in force at the time of the commission of the act. This provision is not a bar to trial by a military tribunal under military law for the violation of laws or regulations, provided such violation would be punishable if committed by a member of the forces of the United States. A prisoner of war must be granted an opportunity to present his defense and to have the assistance of a qualified advocate or counsel of his own choice if reasonably available.

o.
If judicial proceedings are to be instituted against a prisoner of war, the United States must notify the protecting power within the period of time stipulated in the Convention.

c.
Definite provisions and restrictions surround the pronouncing of the death sentence upon a prisoner of war, such as the period of time that must elapse between the pronouncement and the execution of the sentence in order to provide for adequate notification to the protecting power.

d.
Every prisoner of war has the same right of appeal or petition from any sentence pronounced upon him as the members of the Armed Forces of the United States.

e.
For a complete discussion of the penal and dis

16 AGO 1383C
.. ciplinary sanctions applicable to prisoners of war, see articles 82-108 of the Geneva Oonvention relative to the Treatment of Prisoners of TVar.
Section IV. INTERROGATION
15. GENERAL
a.
The systematic and methodical interrogation of prisoners of war is one of the most productive sources of intelligence. The system of intelligence interrogation parallels that of evacuation. Interrogation takes precedence over rapid evacuation, except in forward areas where the prompt removal of prisoners of war from dangerous areas is prescribed by the Geneva Convention. Military police must understand the principles of interrogation in order to avoid the improper handling of prisoners of war and the consequent reduction of their value as a source of enemy information (see fig. 1.).

o.
The interrogation of prisoners of war is a function of the intelligence officer who is assisted by pris

• oner-of-war interrogation teams and in some instances, by psychological warfare officers. The interrogation of prisoners of war by military police is restricted to that interrogation which is necessary
• for the administration, movement, control, and processing of prisoners.
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BLANK SPACE
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Figure 1. Evacuation ana interrogation of prisoners of war.
c. Every prisoner of war, when questioned on the subject, must give his surname, first names and rank, ' date of birth, and service number, or failing this, equivalent information. The term service number
18 AGO 1385C
as used in this manual refers to his army, regimental, or personal number as assigned by the Power which he serves. Servioe number is not to be confused with internment serial number. Servioe number refers to the combination of numbers, or letters and numbers, assigned to each individual by the military service of the country he serves as a means of positive personal identification. The internment serial number refers to the number assigned by the military police prisoner-of-war processing company to each prisoner of war.
d.
If, because of his physical or mental condition, a prisoner is unable to identify himself, he shall be turned over to the medical service.

e.
Ifthe prisoner of war wilfully infringes the rule of giving the necessary information, he may render himself liable to a restriction of the privileges accorded to his rank or status.

f.
For a detailed discussion of the interrogation of the prisoners of war, see FM 30-5 and FM 30-15.

16. PRrNCIPLES
a.
Searoh. An early and systematic search of prisoners of war is necessary in order that documents or possessions of intelligence value may be obtained before they can be destroyed.

b.
Speed of Evaouation. Prisoners of war must be evacuated as quickly as possible to permit an early interrogation.

c.
Segregation. Early segregation must be effected to separate individuals who may have a controlling influence over other prisoners. Prisoners

AGO 1385C 200476'-52-4
of war, when properly segregated, can be more effectively interrogated (par. 22).
a.
Method of Hanulling. High standards of discipline are required not only of prisoners of war but also of capturing troops. Prisoners respond better when they are required to adhere to standards of discipline which are at least as high as those to which they are accustomed. Fraternization, mistreatment, or abuse by capturing troops makes the task of the interrogators more difficult. Generally, troops never furnish comfort items to prisoners prior to their first interrogation; interrogators can do much toward gaining the confidence of prisoners if they are the first to offer these items. However, if interrogation is delayed beyond a reasonable period, prisoners may not be denied food and potable water as well as necessary clothing and medical attention.

e.
Skill in Interrogation. Interrogation should be conducted only by personnel trained for this purpose.

17. PHASES OF INTERROGATION
The interrogation may be conducted in two phases. (See fig. 1.)
a.
During the first phase, the purpose of interrogation is to develop information of immediate tactical importance. This interrogation usually takes place at a forward headquarters immediately upon capture or as soon thereafter as possible.

b.
During the second phase, the purpose of interrogation is to develop further the order of battle and to obtain strategic or general military or economic information of value to the higher echelons of command. Also during this phase, prisoners may be. in

,l.GO 1385C
terrogated by specially trained psychological warfare officers, for the purpose of developing intelligence of special value in preparation of propaganda. This interrogation usually takes place at an army prisonerof-war cage, at a prisoner-of-war camp, or as directed by the theater commander.
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CHAPTER 2
COMBAT ZONE

Section I. CAPTURE
18. GENERAL
a. The individual or unit capturing prisoners of war disarms and searches them immediately for concealed weapons and documents, unless the number of prisoners captured, enemy action, or other circumstances make search impracticable. If immediate search is not feasible, it is made as soon as possible.
b. Prisoners of war are evacuated from the company ~th.ILJj~~tt~li2!11_,.r~girp.~r:;t~r';~-~-q~i~al~!1t ~ner-of-warSB.D~~,~jng poiIlt.~n(l. from theretQ ~h~ ,dn;;i~~2~,~<2!le~!iElJIJ;>?int. (See fig. 2.) Evacua
tion from the division collecting point to the Army cage is normally the responsibility of Army. (See par. 33 and fig. 2.) Prisoner-of-war collecting points are designated localities in the area of a front line combat division for the assemblage of prisoners pending local examination for information of immediate tactical value and subsequent evacuation. Prisoners of war normally receive their first interrogation by trained members of an Interrogation Prisoner-of-War (IPW) team at collecting points.
0. Each of the Services, Army, Navy, and Air Force, is responsible for prisoners of war captured
22.
AG'O'13830·
by its forces until such time as they are delivered to designated Army receiving points.

19. SEARCH
a. When interrogation teams are employed with
•
units, from battalion up, which are in contact with the enemy, the detailed search of prisoners of war is conducted under the supervision of team personnel.

b.
When no interrogation team personnel are at-

o
tached, the regimental or battalion intelligence officer supervises the search. Documents and articles required for intelligence purposes are removed from prisoners of war, and are marked so that they may be identified with the prisoners upon whom they were found. To insure the availability of these documents and articles to interrogators at higher echelons of command, they are turned over, with the prisoners of war on whom they were found, to the prisoner escort.
c. Until such time as prisoners of war can be searched by qualified personnel, capturing troops and guards must be alert to prevent the destruction of documents.

20. DOCUMENTS
An enemy document is any written, printed, engraved, or photographic matter which may contain information relative to hostile armies or countries. Enemy documents are both of a personal nature, such as letters, pay cards, diaries, and pictures found
-on prisoners of war or enemy dead, and of an official nature, such as maps, orders, manuals, records, official photographs, and sketches (FM 30-15) •
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21. PERSONAL EFFECTS
a.
The officer in direct charge of prisoners of war insl'res that money, valuables, and personal effects on the persons or in the immediate possession of prisoners are safeguarded. Money may not be taken from prisoners of war except on the order of ' an officer. Itemized receipts must be given, legibly inscribed with the name, rank, and unit of the person issuing the said receipt. Personal effects will not be taken as souvenirs or loot.

b.
Property in the possession of prisoners of war usually belong in one of the following classes:

(1)
Personal effects that prisoners of war are allowed to retain, including metal helmets and gas masks and like articles issued for personal protection, effects and articles used for clothing or feeding, identification tags or cards, badges of rank and nationality, and decorations and articles having a personal or sentimental value. Personal identification cards should not be removed if they are of the type called for by the Geneva Convention of 1949. Such cards normally measure approximately 6.5 x 10 em, and should show the prisoner's name, rank, serial number,· and date of birth plus any other information which the issuing power wishes to include. If the pris-.. soner does not possess such a card, one will be prepared and issued to him. At no time should the prisoner be without a basic iden-_ tity document.

(2)
Personal effects that may be taken from prisoners of war temporarily for intelligence purposes, but that are to be returned as soon as practicable, such as personal registration cards, organizational membership cards, passports, letters of introduction, passes, ration books, political party credentials, photographs, diaries, and other personal documents of military value. Personal effects in this category are removed as items of military value and receipts are given to the prisoners.

(3)
Person&1 effects that prisoners of war are not permitted to retain for reasons of security. Articles of value may be taken from prisoners of war only for reasons of security. When such articles are withdrawn from prisoners, the procedure laid down for sums of money impounded applies. The prisoners are given itemized receipts, and the particulars are recorded in a special property register. The articles are placed in safekeeping and returned in their initial shape to the prisoners at the end of their captivity.

(4)
Articles that prisoners of war are not permitted to retain at any time and which are confiscated. These articles include military documents and military equipment, such as arms and vehicles or animals used for transportation. Confiscated articles are turned over to G2 in the case of items of intelligence value, or to the appropriate technical serv-

AC!lO 1885C
AGO 1385C
ice for action and coordination with G2 if necessary.

22. SEGREGATION
a. N onwounded and Walking Wounded Prisoners.
As soon as possible, enemy officers, noncommissioned officers, privates, deserters, civilians, and women are segregated, and are delivered to the division or equivalent collecting point. Further segregation is made according to nationality. Segregation is maintained throughout evacuation to rear areas.
b. Litter Oases. Nonwalking wounded prisoners of war are searched, taken to the nearest aid station for treatment, and evacuated through medical channels. It is the responsibility of the medical officer to bring such prisoners to the attention of intelligence personnel for interrogation and to request the necessary guards. When practicable, and when such duty of itself will not expose them to danger, nonwounded and slightly wounded enemy prisoners are used as litter bearers for enemy and United States severely wounded personnel; United States slightly wounded military personnel may be used for prisoner-of-war escorts or guards when feasible. Whenever possible, the segregation of wounded prisoners is maintained as for other prisoners of war. (See Fig. 1.)

23. MOVEMENT TO DIVISION COLLECTING POINT
a. The prompt movement of prisoners of war to the division or equivalent collecting point is important. While in forward areas not only may prisoners _ become casualties as the result of enemy fire with a resultant decrease in their potential value for in-
AGO 13Blle
telligence purposes, but the problem of handling them is more difficult than in rear areas. Furthermore, the Geneva Convention prescribes that prisoners of war shall be evacuated, as soon as possible after their capture, far enough from the combat zone for them to be out of danger.
b. Evacuation may be accomplished by foot, by water, or by the use of empty ammunition or supply vehicles or other suitable conveyances. The guards
. may be elements of the combat forces or any other troops at the disposal of the military commander.
c. Routes of evacuation for prisoners of war to the division collecting point are usually the same as the routes of evacuation for the wounded.
24. ESCORTS
a.
The officer or noncommissioned officer transferring custody of prisoners of war to the commander of the prisoner-of-war escort provides the latter with a memorandum stating the time, place, and circumstances of the capture, and the designation of the unit making the capture. At the division collecting point, the commander of the prisoner-of-war escort receives from division military police a receipt showing the number of prisoners turned over and the number of documents delivered with them.

b.
Whenever possible, troops from reserve units are detailed to escort prisoners of war to the divi

, sion or equivalent collecting point. Troops detailed as escorts
(1)
Prevent escapes.

(2)
Maintain segregation at all times. (See par. 22.)

(3)
Prevent prisoners from discarding or destroying any insignia or documents not taken, or overlooked by the capturing unit, to include collection by rear guards of any documents dropped by prisoners.

(4)
Prevent anyone, other than authorized interrogators, from talking to prisoners.

(5)
Prevent anyone from giving prisoners food, drink, or cigarettes prior to interrogation in so far as such act does not violate any requirement concerning the treatment of prisoners of war.

(6)
Enforce silence among prisoners at all times.

(7)
Deliver prisoners to the division or equivalent collecting point as soon as possible.

AGO 1385C 200476°-52-ti
Section II. COLLECTiON

25. GENERAL
Prisoners of war are assembled at collecting points
to-
a.
Relieve the capturing units quickly.

b.
Be held until they can be evacuated to the rear by higher headquarters.

c.
Conserve guard personnel.

d.
Expedite evacuation of prisoners of war to the rear.

26. INFANTRY DIVISION
a.
One division collecting point is normally established for each division.

b.
The infantry division prisoner-of-war collecting point is usually located in the vicinity of the

AGO 1385C
division command post. It should be accessible by road to trucks and ambulances from the rear and the front, near water, protected as much as possible against enemy observation and fire, and far enough to the rear to avoid involvement in minor fluctuations of the front line. Ifa regular cage is not available,
•
a partially fenced-in area, inclosed courtyard, or similar place that facilitates the maximum security of prisoners with a minimum of guards should be

•
chosen, if possible. In the absence of a regular cage, the limits of the colle<:ting point are stipulated, and the prisoners ,of war are required to remain within the area defined.

c.
At the division collecting point, division military police relieve the escort troops of the responsibility for guarding prisoners of war. The prisoners are counted and a detailed search of the prisoners is conducted under the supervision of intelligence personnel. Segregation is maintained. Documents and selected personnel are also examined. All documents and other personal effects of intelFgence value are marked so that they may be identified with the prisoners on whom they were found, and are placed in envelopes for transmission to the proper intelligence agency.

d.
Prisoners of war are normally issued rations and water at the division collecting point and aid is

~ given to the wounded and sick. Retained personnel, including medical personnel and chaplains assist in caring for prisoners of war to the fullest extent possible (par. 7).
~ e. At the ~,QJJ,J~ygtJll:!§'2-W~E.§,.,.~;te,~:g9nn.JJJJy..,j$.; ~a.~g~?[~~tQt-~,"W.~rc~~~ The infQrmation that is
AGO 1385C
recorde5L~n ~E}_~~i,~.)~ite~.to the datea!ld pla~e C~t,.cS~l(U;.),..QL~~I!t!lIe._,~~d the designatioIl .2-t,Q1.e unit ~~1f.!ng",,!b~_.9lWtMr,!').· Prisoners of war arewarn(:ia: not to mutilate, destroy, or lose their tags.
f. Few reports regarding prisoners of war are required at the division level other than the listing of the number of prisoners in each group. Ifpractica-• Qle, rosters,of p:risoIl~rs of war, listingnameLgrade, service number, date and place of capture, unitmaki~~~,.S~i>.~~E~,~·,~~~.'ili~9§hh!l of,·P~~S2.!l~:i;,:::~;e ,for-_ wa~1,~(ttp , ..,JI:le~,,_g~'Vi.?i9I1._ heaClqllf1rt~:r:~" JroIl1 the
divisIon collecting point.
"'"'——.-~,.
27. AIRBORNE DIVISION
a. In an airborne operation, the manner of collecting and evacuating prisoners of war is dependent upon such factors as the following: geographical 10cation of the airhead, tactical plan, availability of transportation, and plans for link-up with ground or other forces .
. b. Because of the nature of an airborne operation, the guarding and evacuating of prisoners of war are initially the responsibility of the regimental combat teams. However, it may not be feasible to establish regimental collecting points during the early stages of the operation. As soon as sufficient control is established, prisoners of war are evacuated from lower echelons to higher echelons.
c. At an airhead, prisoners of war are held at the most suitable location until evacuation can be accomplished. Prisoners of war are evacuated by air or are held until a link-up is made with friendly forces. If the prisoners are to be evacuated by air, the col
30 AGO 138GC
lecting point is situated in the most suitable location,
-close to the landing field. The military police company of the airborne division performs all normal functions in connection with the handling of prisoners of war.
d. If the airborne division makes a penetration deep into hostile territory, and if a link-up with other forces is delayed and an evacuation of prisoners of war is not possible, it may be necessary to retain the prisoners within the airhead. The collect
.ing point operation may then parallel the operation of a prisoner-of-war cage in the guarding and caring for prisoners of war.
28. ARMORED DIVISION
a.
Because of its inherent characteristics, such as mobility, fire power, and communications, an armored division may penetrate deeply and quickly into hostile territory. In an armored penetration, prisoners of war may be disarmed and evacuated to the rear by vehicle or on foot, or they may be retained and guarded in the area of capture while the division continues toward its objective. If prisoners of war are left under guard, they are held until infantry units reach the area and take over the control and handling of the prisoners, including tagging and evacuating to a collecting point.

o.
Prisoner-of-war collecting points may be established in the rear of each combat command that has been assigned an independent objective. These prisoner-of-war collecting points are located on previously announced axes of evacuation. When combat commands operate in close conjunction, one

AGO 138GC
or more collecting points may be established to serve the combat commands jointly.
c.
In a static situation, or'in an infantry-type operation, the establishment and operation of an armored division collecting point will resemble that of an infantry division collecting point.

d.
In a rapid pursuit, particularly when the enemy is demoralized and is surrendering in vast numbers, the above methods of handling prisoners of war may prove inadequate. In such extraordinary circumstances it may be practicable and necessary to disarm prisoners and order them to march to the rear without guards or to disarm them and order them to remain in place without guards.

~9. OTHER UNITS
The principles and procedures that are outlined above for the collection of prisoners of war and the op,eration of division collecting points are generally applicable to similar operations by comparable units and higher echelons.
30. ARCTIC AND DESERT OPERATIONS
Climate and terrain impose certain restrictions upon the establishment and functioning of collecting points.
a. Arctic Areas. In arctic areas, low temperatures may not permit prisoners of war to be searched in the open. Hence, to facilitate the search for weapons and documents that may be concealed in bulky clothing, heated shelters are provided for the examination of prisoners before they are escorted to collecting points. Collecting points for prisoners of
AGO l3Blle
war in arctic areas are temporary cages that provide shelter, and are located at or near airheads. As care for prisoners of war during the severe arctic winter is difficult, evacuation from forward areas is accomplished rapidly and is delayed only for intelligence requirements. Normally prisoners of war are evacuated as quickly as possible from the arctic.
b. Desert Areas. In order to have access to water and supplies, collecting points in desert areas are located. near troop concentration areas. Limited transportation facilities may delay the evacuation of prisoners of war to rear areas and necessitate retaining the prisoners for some time. 1£ the prisoners cannot be evacuated to the rear quickly, further processing than would ordinarily be accomplished at the division level will be required.
Section III. EVACUATION
31. GENERAL
Prisoners of war are evacuated, as soon as possible after their capture, to camps situated in an area far enough £rom the combat zone for them to be out of danger, except those prisoners of war who, owing to wounds or sickness, would be exposed to greater risk by being evacuated than by being temporarily kept where they are. (See fig. 2.) Prisoners of war are not to be unnecessarily exposed to danger while awaiting evacuation from a combat zone, and the evacuation is to be effected humanely. During evacuation, prisoners of war are supplied with sufficient food, water, and necessary clothing and medical attention. 1£ prisoners of war must, during
AGO 1385C
w
• I' COLLECTING POINTS -, CAGES OR OAMPS 'I
FIGURE 2: Schematio diagram of evacuation of prisoners of war
~ R!8ioV:~,~~l:~~: ~CAPTURINO un ITa:~"!~1 I~I:I COM~~~~~~O;~LI~~NE _________
TROOPS
<:)
o
'0011,. IIILITA", POLlOI!: USUALLY EVAOUATE II!L!OTID PIUIONEfiS 'ROM DIVIIION TO CORPI •
…
CO '" Figure 2. Schematio diagram of evacuation of prisone1's of war.
(")
'"
evacuation, pass through transit camps (prisoner-ofwar cages or processing stations), their stay in such camps must be as brief as possible.
32. EVACUATION PRINCIPLES
The general principles for the evacuation of pris• oners of war include the following:
a.
The provisions of the Geneva Convention are to be observed in spirit and letter.

b.
The evacuation of prisoners of war is not to interfere with the circulation, movement, or· tactical employment of United States troops.

c.
Segregation is to be maintained throughout the evacuation process.

d.
Property rights of prisoners of war are to be fully respected.

e.
Wounded prisoners of war are to be evacuated through medical channels.

33. EVACUATION RESPONSIBILITY
The evacuation of prisoners of war from the division collecting point to the rear is normally the responsibility of the next higher echelon in the chain of evacuation. In normal situations, army is charged with the evacuation of prisoners of war from the division collecting point. However, some situations may require that prisoners of war be evacuated in whole or in part through a corps prisoner-of-war cage. (See pars. 37 and 38, and fig. 2.)
AGO 1385C 200476°-52–6
34. EVACUATION PROCEDURES
The following procedures are observed in evacuating prisoners of war:
a.
Maximum use is made of returning supply vehicles for evacuation.

b.
Escorts for prisoners of war who are to be transported via road, air, rail, or water are so organized as to provide adequate security at all times.

c.
When prisoners of war are to be evacuated by vehicle, the loading is supervised, and load limits . are prescribed to prevent accidents because of overloading. Although the ideal loading formula is ten men per truck ton, the exigencies of the situation may require a load increase in the number of prisoners; however, in no event are trucks to be overloaded. An armed guard may be placed in the cab of each vehicle to guard the prisoners of war in the preceding vehicle. Motor patrols armed with automatic weapons may reinforce the guard detail in very large convoys.

a.
When prisoners of war are evacuated by rail, a minimum number of guards should be used.

e.
WThen prisoners of war are evacuated on foot, close column formations are used, and guards march at the head and rear, and on both flanks, of the columns. The number of guards required to escort prisoners of war on a march varies with the morale and physical condition of the prisoners, the possibility of an enemy attack, the number of prisoners to be escorted, and the distances to be traversed. When a prisoner-of-war column is attacked, prisoners are instructed to lie down and to remain immobile.

f.
Rests and stops are preferably made during daylight, outside villages or installations.

g.
Liaison should be maintained with the next higher headquarters to inform it of anticipated changes in the location of collecting points and in the number of prisoners of war in each classification to be delivered to that headquarters.

h.
The issue of sufficient rations and water is the responsibility of the echelon having custody of prisoners of war. Account should be taken of the habitual diet of the prisoners. To the greatest extent possible, captured enemy rations and other enemy supplies and material are used for prisoners of war.

i.
Normally, no comfort items, such as cigarettes, are issued to prisoners of war until the intelligence officer so signifies.

j.
Prisoners of high rank and other prisoners of special interest, including well-informed enemy soldiers and high civil functionaries accompanying the armed forces are evacuated accordIng to theater d irecti ves.

k.
Only the minimum conversation necessary to issue orders and to maintain discipline is permitted between guards and prisoners of war. Orders to prisoners are given in a language they understand. Prisoners may be used as interpreters, if necessary. Conversation among prisoners is forbidden.

l.
Punishment for the violation of a rule, regulation, or order by a prisoner of war during an evacuation is not administered by the escort guards. Measures are taken, however, to prevent the recurrence of the infringement.

AGO 138liC
AGO 1385C
35. AMPHIBIOUS OPERATIONS
.An early evacuation of prisoners of war by water may be necessary during the initial phases of an amphibious operation. Prior to the establishment of division control ashore, prisoners of war are normally evacuated by the various landing or combat teams to their respective collecting points, under con-• trol of the amphibious support brigade. The prisoners may either be held at the beach until interrogators from the higher echelons come ashore, or evacuated to ships designated for interrogation. In this type of operation, the handling of prisoners of war may cover three phases:
a.
Initial Phase. Immediate evacuation by water, and no processing on the beachhead.

b.
Intermediate Phase. While awaiting transportation for evacuation, initial processing on the beachhead by military police attached to the amphibious units.

c.
Final Phase. Minimum evacuation, completion of processing, and employment of prisoners on authorized labor projects by the amphibious and follow-up forces.

36. AIRBORNE OPERATIONS
Prisoners of war are normally evacuated by air during the early stages of an airborne operation. At least two guards are required for each plane load • of prisoners of war. Plans should provide for the attachment of personnel from communications zone military police units to the airborne force to guard the prisoners during evacuation (par. 27).
AGO 188[)C

37. CORPS
Prisoners of. war are normally not . evacuated through corps; they are usually evacuated directly from division collecting points to army prisoner-ofwar cages. However, if a corps is operating independently, or if the situation requires evacuation through corps, or if it is necessary for corps to interrogate certain prisoners of war, such prisoners are evacuated from division to a corps prisoner-of-war cage by corps military police. Where a corps is operating independently, the processing and handling of prisoners of war at the corps prisoner-ofwar cage will closely parallel the processing and handling at the army prisoner-of-war cage.

38. ARMY
a.
Prisoner-of-war cages are established in army areas for the temporary detention and interrogation of prisoners of war pending further evacuation. Shelter, usually of a temporary nature, is provided at prisoner-of-war cages. Existing facilities are used whenever possible. Dependent upon the distance from the army and corps cages to the communications zone and the method of evacuation, it may be necessary to establish cages along the line of march for food, rest, and overnight stops (fig. 3).

o.
Prisoners of war are counted and receipted for immediately upon arrival at the army cage. A receipt for the prisoners and any accompanying captured documents is given to the commander of the guard.

o.
At the army cage, a thorough search is made of prisoners of war for any previously undiscovered

AGO 1385C
documents of intelligence value, or any other unauthorized possessions.
d.
Sanitary measures are taken to prevent the contraction or the spread of diseases. The sanitary measures include bathing, delousing, and the disinfestation of clothing. Prisoners of war suspected of having communicable diseases are isolated and placed under medical observation.

e.
If necessary, clothing is issued to prisoners of war. (See par. 47.)

f.
Food is provided prisoners of war, but the preparation of such food, if required, is accomplished by the prisoners.

g.
Within one week after arrival at a camp or cage, even if it is a transit camp or cage, prisoners are to be permitted to notify the Central Prisoner of War Information Agency and their families of their capture if they have not been enabled to do so prior to arrival (par. 51).

h.
Interrogation at army prisoner-of-war cages is selective; that is, only certain prisoners are interrogated.

i.
When the evacuation of prisoners of war is delayed, such as during an island operation, the prisoners may be retained within the army cage for some time. When there is such a delay, as complete a processing as possible is accomplished and prisoners of war may be used for labor not prohibited by the Geneva Convention within the army area.

j.
Prisoners of war are guarded at cages and during transfer to and between cages by military police guard companies, when available, or by other troops.

AGO 13811e
39. EVACUATION TO COMMUNICATIONS ZONE
Prisoners of war are evacuated from the combat zone to the communications zone as quickly as possible. Military police from the communications zone normally escort the prisoners from the army cages. The number of guards required for escorting prisoners of war from army cages to communications zone cages or camps is variable, but usually is dependent upon the number of prisoners to be evacuated, the means of evacuation, and the morale or attitude of the prisoners; i. e., resigned or belligerent.
40. FORWARD DISPLACEMENT OF ARMY REAR BOUNDARY
As the army rear boundary is displaced forward, prisoner-of-war cages may either be taken over in place by military police of the advance section of the communications zone and the operation of the cages continued, or the cages may be closed and the prisoners of war evacuated to the rear through normal channels prior to such displacement. The decision to continue to operate or to close prisoner-of-war cages in the newly acquired communications zone is based upon such factors as the tactical situation, plans of higher headquarters, prisoner-of-war estimates, plans for utilization of prisoner-of-war labor, suitability of cages for internment of prisoners of war for long periods, and the availability of prisoner-of-war cages in the advance section area.
AGO 1385C
CHAPTER 3

PRISONERS OF WAR IN THE COMMUNICA
TIONS ZONE

Section I. INTERNMENT FACILITIES
41. CAGES AND PROCESSING STATIONS
a.
Prisoner-of-war cages may be established in the communications zone under unusual circumstances for the interrogation and temporary detention of prisoners of war pending their further evacuation from the communications zone. Dependent upon the plan for evacuating prisoners of war from the communications zone, cages may be established in each separate port area.

b.
Prisoner-of-war processing stations may also be established for the processing and temporary detention of prisoners of war pending their assignment to cages for evacuation from the communications zone or to permanent communications zone prisoner-ofwar camps. Processing is accomplished as described in paragraph 45 by military police prisoner-of-war processing companies (fig. 3.) .

.c. At cages, arrangements are made for the complete segregation of prisoners of war according to their classification.
AGO 1385C
Figure 3. Prisoner-of-war cage
PERI

250 F!NAI.ES
A0 NOO"
ElBEI KITOHENS AND STORAQE ElBEI

Ell LAT ~ • A81. I!D
Ell • DADRE LMMII
EXllTINa ROAO

LEGEND
NOTE: ALL STAUOTURII!8
~GATE TRIPLE CONCERTiNA FENCE TO BE TENTAGE.
jgI II' 0" • II' 0" PYRAMIDAL TENT
E3 11' I". 10' 0" ITORAtE TEIIT
o e' 10" • • ' a" '8IULL WALL T£IIT
Dep tuARD PLATFORM
ADM ADIIIIUSTRATIOIl
o LAT LATRINE ./IHOWERS
ABL ABLUTIOI
.. IIESI HALL
K KlTGMEil
8T STORAel!
0' POWER PLAIIT
OWT WAT£R TANK (1000 GALLONS'

Figure 3. Pri8oner-ot-war cage.
42. PRISONER-Of-WAR CAGE REPRESENTATIVE
To insure smoothness of operation, the receiving communications zone cage may assign a representative to the army cage from which prisoners of war
AGO 1385C
are normally received. The duties of the prisonerof-war cage representative normally include-
a.
Procuring estimates at least 24 hours in advance, if possible, of the prisoners of war in each category who are to be transferred to the communications zone cage.

b.
Requesting designated agencies to furnish transportation, and specifying the trucks or railroad cars required, and the time, the place, and the destination.

c.
Notifying the receiving cage of the guards needed and the categories and numbers of prisoners of war to be shipped.

a.
Arranging for rations en route, if required.

e.
Assisting in segregating prisoners of war, if segregation has not already been accomplished, and preparing rosters for the next movement.

f.
Receiving and checking prisoners of war and prisoner-of-war property.

g.
Assisting in organizing prisoners of war into truck or railroad car loads, and supervising the loading.

h.
Delivering rosters to the senior member of the escort.

i.
Notifying the receiving cage of the expected time of arrival.

43. PRISONER-Of-WAR CAMPS
a. Prisoner-of-war camps are installations of a semipermanent nature that are established in the communications zone or the zone of interior for the internment and complete administration of prisoners of war. The camps may be located on, or may be independent of, other military installations. The
AGO l8Blle
camps are designed to provide security and living arrangements as required by the Geneva Convention and military needs. Whenever military considerations permit, prisoner-of-war camps are marked distinctly so as to be readily identifiable from the air (figs. 4, 5, and 6).
b.
Prisoner-of-war branch camps are camps that are established on a semipermanent or temporary basis in order to fill a definite work need. The administration of prisoners in these camps is under the supervision of the prison-of-war camp of which it is a branch.

c.
Quarters in a prisoner-of-war camp must be provided under conditions as favorable as those provided for United States troops billeted in the same area. The area of each camp must be sufficient to provide space for buildings necessary for the housing of prisoners, and for administration; indoor and outdoor recreation, medical care, religious worship, messing, canteen, showers, latrines, and other prescribed purposes. Prison-of-war camps are usually divided into compounds by fencing.

a.
In any camp in which women prisoners of war, as well as men, are accommodated, separate dormitories and conveniences must be provided.

e.
Prisoners of war are interned in camps according to their nationality, language, and customs, provided that the prisoners are not separated from prisoners of war of the armed forces with which they were serving at the time of their capture, except with their consent.

f.
For a typical headquarters and headquarters company organization designed to administer a

AGO 1385C
Figure 4. Prisoner-of-war branch tent camp for 250 enlisted men
…. illu'
0
Figure 4. Prisoner-of-war branch tent camp for 250 enlisted men – legend.
I5jOUAHO IIr~~~~
·OWER
I5S0'
alm~\
(") Figure 4. Prisoner-of-war branch tent camp for 250 enlisted men.
""
aTI!J
LDY • SHOWERS
ElEl
00009008 o=r
El6 El
n TiOTE[ a ~ oP'FIODI
OOOO~E]tJE1 ~
.
~~ ~
000051008 ~
.""no.e·i .
.gOOD~~DEl I .-.~~..
om HALL'
'uODDODDB
10
it 40' I to' LJ~i~t
qpoooo~
~
STOCKADE FENe!
STOCICAl)E PUGI
…".,.
El
ffij
!
RECREATION
AREA
40' LAgl"1 ITO'
1———-1100' ————01
~TOW(ll
D'
Figure 5. Prisoner-of-war base tent camp tor 1,000 enlisted men
Figure 5. Prisoner-of-war base tent camp tor 1,000 enlisted men – legend
Figure 5. Prisoner-of-war base tent camp tor 1,000 enlisted men.
AGO 1385C
"",,'
Figure 6_ Prisoner-of-war camp for 1,800 enlisted men
!sYMBOL BUILDINOS SYMBOL BUILDINGS
ADMINISTRATION Q.,II OFFICE
HO HEADQUARTERS a CENTRAL GUARD 00 Oi"FICERS QUARTERS
B BARRAOKS PX POST EXCHANGE ~DETACHMENT
gHAPEL POST EXCHANGE -P'!lSONERS
FIRE HOUSE DAY ROOfllS -DETACHMENT
tUARDHOUSE-PAI90NERS OS co. STOREHOUSE a-ADNIN.
I-I INFIRMARY-PRISONERS WORK SHOP PRISONERS
1-'•.-1 INII'IRMARY-DETACHWENT LATRINE LAVATORY TH 8H WHS TOOt.. HOUSE a STOCKADE OFFICE UTILITY SHOPS WAREHOUSE
…. LAVATORY-OFFICERS GT GUARD TOWER
M-I …. IAES9",:, PRISONERS MES.'" t:.. a OFFICERS s..-. STOREHOUSE a DAY ReON LAVATORY-DETACHMENT

Figure 6_ Prisoner-ot-war camp tor 1,800 enlisted men.
A.GO 1385C
30,000 man prisoner-of-war camp, see figure 7. This type organization is intended for use as a guide only and may be modified to meet the existing situations and conditions. It must be supplemented by attachment of the required number of such supporting guard and service units as are necessary for camp maintenance and security and to provide proper care, treatment, and administration for the prisoners of war.
Section II. ADMINISTRATIVE CONSIDERATIONS
44.    GENERAL
The policies and procedures that govern the administration of prisoners of war in the communications zone are also applicable in other areas where prisoners of war may be interned for extensive periods in camps or other installations.
45.    ADMINISTRATIVE POLICIES
a. Principles. The following general principles are applicable to the operation, personnel administration, and supply of prisoner-of-war camps:
(1)
As far as possible, prisoners of war furnish their own administrative personnel.

(2)
Extensive use is made of captured enemy supplies and equipment.

(3)
Commandants of the camps are vested with the authority to impose summary punishment. Disciplinary action is administered in accordance with the provisions of the Geneva Convention (par. 13).

AGO 1385C
TYPE HEADQUARTERS AND HEADQUARTERS COMPANY ORGANIZATION
'"
o FOR A 30.000-MAN PW CA~P
15
o
….
:<>
00
(')'" Figure 7. Typical headquarter8 and headquarter8 company.
b.
Oommand Responsibilities. Every prisonerof-war camp is placed under the command of a commissioned officer of the armed forces. A copy of the Geneva Convention and its annexes and special agreements must be posted in every camp in the language of the prisoners of war. Copies must be supplied, upon request, to those prisoners who cannot have access to the posted copy. All regulations, orders, and notices must be issued or addressed in a language which is understood by the prisoners.

c.
Reoords and Reports. Personnel reports and records at prisoner-of-war camps and other prisonerof-war installations include reports and records required for pay, clothing, equipment, hospitalization, transfers, punishment, and similar matters.

d.
The initial processing that is accomplished upon arrival at the communications zone prisonerof-war processing station or camp will include all appropriate steps set forth in paragraph 38. After this preliminary processing has been completed, administrative processing will be accomplished as soon as possible.

(1) In processing prisoners of war, an internment serial number is assigned to each prisoner for the purposes of identification, classification, and reporting. The internment serial number of a prisoner of war consists of several components separated by dashes. The various components indicate the command in which the prisoner was captured, the name of the enemy country whose armed forces the prisoner served, and the order in which the prisoner was
AGO 1385C
processed. Internment serial numbers are assigned consecutively to prisoners of war captured by United States forces in each command, irrespective of the country the prisoners served. The commanding general of the appropriate command, at his discretion, may assign blocks of numbers to subcommands or stations within his command. For example, internment serial numbers 1 through 2,000 may be assigned to one subcommand, and numbers 2,001 through 4,500 to another subcommand (par. 15). Care should be taken that all personal effects of prisoners of war are marked with their names and internment numbers, and recorded in the special property register (par. 72), so that the effects may be returned to them upon repatriation. The prisoner-ofwar personnel record for each prisoner is completed in duplicate by the military po
lice prisoner-of-war processing company (par. 76).
(2) In processing, the completed record will contain the name of the prisoner of war; his internment serial number, photograph, and fingerprints; an inventory of his personal effects; other personal data; and the prisoner's signature. One copy of the record is forwarded to the Branch Prisonerof-War Information Bureau; one copy of the record always goes forward with the prisoner of war. Prisoners of war who have been captured by other United States
AGO 18850
Armed Forces or by allied forces and have been transferred to the custody of the United States Army are permitted to retain their previously assigned internment serial numbers. Ifthey have not previously been processed, such prisoners are processed in the same manner as prisoners of war who have been captured by the Army.
(3)
Processing companies are assigned to cages on the basis of the number of prisoners of war to be processed. A prisoner-of-war processing company comprises three platoons and is capable of processing fourteen hundred and forty (1,440) prisoners in eight (8) hours (par. 67).

e.
After the prisoners have been processed, they are assigned to a prisoner-of-war camp and are then further assigned to a compound, battalion, and company within the camp. Although the number of prisoners of war assigned to a camp, compound, battalion, or company may vary, the organizational framework as set forth in figure 8 should be adhered to in each prisoner-of-war camp. Prisoners of war will be utilized to the fullost extent in the internal administration of their assigned units.

f.
Frisoner-of-War Representatives. At all camps where there are no officers, prisoners of war freely elect spokesmen by secret ballot to represent them before the military authorities, the Protecting Powers, the International Committee of the Red Cross, and any other organization which may assist them. In camps for officers and persons of equivalent status, or in mixed camps, the senior officer is recognized as

AGO 1385C
Figure 8. Prisoner-of-war camp organization
Figure 8. Prisoner-of-war camp organization – continued
~
o
….
…
,-c~oiiMo-. r COHPOUHO -. .-CIIH-;OUMD-1
I 10. 8 I, 10. 9 " 10A0
L ____ J_ !…. ____ J L ____ J
TYPE PW ORGANIZATION FOR A30,000 MAN CAMP
'"
""
CAMP HEADQUARTERS
•r—-'
rI 8TH–'
18TH
I &ATTALIOI I
I .ATTALIOI :
L____ J Figure 8. Prisoner-of-war camp organization – continued
I I,""'" 1'".. I L____ J
I
~
(1 Figure 8. Prisoner-of-war camp or-ganization.
the representative. In officer camps, he is assisted by one or more advisers chosen by the officer prisoners. In mixed camps the assistants are elected by the prisoners who are not officers. Every representative elected must be approved by the camp commander before he has the right to commence his duties.
46. COURTESIES
In addition to the courtesies required by regula
.. tions in force in their own armies, prisoners of war are required to render the courtesies prescribed for United States personnel.
a.
When the national anthem is played, or when "To the Colors," "Escort of the Colors," or "Retreat" is sounded, prisoners of war not in buildings stand at attention facing the music or the colors.

o.
Enlisted prisoners of war salute all officers of the United States Armed Forces. Although officer prisoners of war salute only United States officers of higher rank, they salute the camp commander regardless of his rank. Prisoners of war may salute in the manner prescribed by regulations in force in their own armies.

c.
A prisoner of war in a formation does not salute unless he is in charge of the formation. A prisoner of war in ranks assumes the position of attention when addressed by an officer.

d.
When out of doors, an enlisted prisoner of war upon the approach of an officer comes to attention, faces the officer, and salutes. The same courtesy is rendered by an officer prisoner of war upon the approach of an officer of higher rank. Prisoners at work do not salute an officer unless addressed by him.

e.
When an officer of higher rank enters a mess hall, unless otherwise directed, prisoners of war remain seated, continue eating, and do not converse.

f.
When entering a room where an officer of higher rank is present, a prisoner of war uncovers and stands at attention.

g.
Before addressing an officer of higher rank, a prisoner of war salutes. He also salutes upon the termination of the interview.

h.
United States military personnel are not required to salute prisoners of war nor to assume the position of attention when addressing them. However, officers of the United States Armed Forces return the salutes of prisoners of war.

AGO 1385C ss
47. SUPPLIES AND EQUIPMENT
a. Olothing. Except as circumstances warrant or climate requires, uniforms or other clothing are not is'sued as replacements to prisoners of war until the uniforms or clothing in which they were captured become unfit for use. When practicable, uniforms of prisoners of war are renovated by the prisoners for their own use. Prisoners of war are permitted to wear insignia of rank and decorations. Articles of uniform of the Armed Forces of the United States are not issued to prisoners of war, unless they are so altered that they cannot be mistaken for parts of such uniform. Maximum use is made of indigenous or captured clothing and Class X and nonstandard type clothing. Whenever the nature of their work, requires, prisoners of war receive appropriate clothing.
AGO 13S5C
o.
Rations. The basic daily food rations for prisoners of war must be sufficient in quantity, quality, and variety to keep them in good health, and to prevent loss of weight or nutritional deficiencies. The habitual diet of the various national groups must be taken into consideration. The use of tobacco is permitted. Prisoners of war who work must be supplied with such additional rations as are necessary for the labor on which they are employed.

c.
Miscellaneous. Materials for bedding and fuel are issued to prisoners of war as required. Cobbler's, tailor's, barber's, and other tools and materials necessary for repairing clothing and equipment or for essential needs are made available in order to help prisoner-of-war camps to meet many of their own requirements. Clothing, equipment, and other supplies for prisoners of war are issued in accordance with the instructions of the Department of the Army and th3 theater commander.

d.
Oanteens. Canteens are established at all prisoner-of-war camps, where prisoners may procure foodstuffs, soap, tobacco, and ordinary articles of daily use.

48. PERSONAL PROPERTY
a.
Personal effects which are taken from a prisoner of war are carefully listed, receipted for, and forwarded with the prisoner. Packages containing per· sonal effects are labeled with the prisoner's name and internment serial number, and are stored at the camp where he is interned. These effects are restored to the prisoner upon repatriation. (See par. 21.)

b.
The personal effects of deceased enemy personnel are not sent to the United States. The list of the effects is reported to the theater enemy prisonerof-war information bureau. The effects are stored within the theater of operations wherever practicable.

AGO 1385C
49. SANITATION AND MEDICAL CARE
a.
The sanitary measures of prisoner-of-war camps, so far as possible, approximate the sanitary measures required for United States military camps. In prisoner-of-war camps, sanitary measures are taken to insure the cleanliness and healthfulness of the camps and to prevent epidemics: adequate space is allocated to prevent overcrowding within housing units; sufficient latrines, showers, and lavatories are provided, and are kept sanitary; the rules of good mess sanitation are observed; waste is disposed of in accordance with the facilities available, but in such a manner as to insure the protection of health; and sufficient water is made available for drinking, bathing, laundry, and culinary purposes. Prisoners of war are furnished, by issue or sale, necessary materials, such as soap, razor blades, basins, detergents, and brushes, to insure personal cleanliness and a sanitary environment.

b.
Adequate medical facilities are provided to safeguard the health of prisoners of war and provision is made for the isolation of communicable cases, for disinfestation, and for inoculations. Medical inspections of prisoners of war are made at least once a month. Retained medical personnel and prisoners of war with medical training are used to the

AGO 13850
fullest extent in caring for their own sick and wounded. 1£ adequate facilities are not available for the type of medical care required, prisoners of war are to be admitted to military or civilian medical installations where the required treatment can be given. The costs of medical treatment for prisoners of war are borne by the United States.
c. 1£ prisoners of war are admitted to an Army medical facility, the commanding officer of the hospital is responsible for their security and for administrative procedures, such as reporting the necessity for medical evacuation, deaths, escapes, and daily or other fixed interval strength data. Additional guards may be requested by him to provide adequate security.
50. PAY AND ALLOWANCES
a.
The Detaining Power may specify the maximum amount of money in cash or in any similar form that prisoners of war may retain in their possession. Any amounts in excess which are properly in their possession and which are taken from them are placed to their separate accounts. United States currency found upon prisoners of war, if the prisoners can show lawful acquisition thereof, is deposited to the credit of the prisoners. 1£ the prisoners cannot show lawful acquisition thereof, the money is disposed of according to pertinent Army directives. Foreign money belonging to prisoners of war is held by the United States until the prisoners are repatriated.

b.
The Detaining Power must grant all prisoners of war a monthly advance of pay in its own currency in terms of the Swiss franc. The amount of the ad-

AGO 1385C
vance of pay is determined by the military or equivalent rank of the prisoner. The amount, however, may be modified by special agreements among the Parties to the conflict.
c. Prisoners of war are paid a fair working rate of pay by the Detaining Power. Prisoners of war or retained personnel who are required to perform spiritual or medical duties on behalf of their comrades are likewise paid working pay. Prisoners of war who are permanently detailed to duties or to a skilled or semiskilled occupation in connection with
the administration, installation, or maintenance of camps also receive working pay. 1£ there is a fund that is maintained by canteen profits, it is used for the payment of prisoners' representatives and their ad-. visers and assistants.
d. An account is maintained for each prisoner of war, showing the credits, debits, and amounts due him. Every item entered in the account of a prisoner of war is countersigned or initialed by him or· by the prisoners' representative acting on his behalf. When a prisoner is transferred from one camp to another, his accounts are forwarded with him. When a prisoner is transferred from the control of the United States to another power, a certificate for the amount standing to his credit is also forwarded with him. It is the responsibility of the power on
which the prisoner depends to settle with him any _ I credit balance due to him from the United States upon the termination of his captivity.
e. Prisoners of war are permitted to receive remittances of money addressed to them individually or collectively. Prisoners of war may also have pay
60
AGO 1885C
ments made abroad, subject to financial or monetary restrictions deemed necessary by the detaining power. When such payments are addressed to dependents, they are given priority.
51. MAIL AND CENSORSHIP
a.
Although a prisoner of war has the right to receive and send mail, including packages, certain limitations may be imposed by the detaining power. If a prisoner of war has not filled out the capture and correspondence cards, he is given this opportunity not later than one week after arrival at a camp. If limitations are imposed on prisoner-of-war mail, the prisoner is still allowed to send, in addition to capture and correspondence cards, not less than two letters and four cards per month. In the event of a transfer from one camp to another, or of sickness, each prisoner of war is likewise permitted to send a correspondence card direct to his family and to the Central Prisoner-of -War Information Agency giving his name, address, and state of health.

b.
All prisoner-of-war correspondence is censored, and all mail addressed to prisoners of war is examined in accordance with the Geneva Convention and Department of the Army. instructions.

c.
All correspondence to and from prisoners of war is exempt from postal dues, both in the countries of origin and destination and in any intermediate countries.

d.
-No paper, document, note, or written message may be delivered by a prisoner of war, directly to any person visiting a camp.

e.
Chaplains who have been retained and prisoners of war who are ministers of religion are free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with international religious organizations. Letters and cards which they send for this purpose are in addition to any other quotas imposed on prisoner-of-war mail.

f.
Mail will be conveyed by the most rapid method at the disposal of the detaining power and may not be delayed or retained for disciplinary reasons.

A-GO 1885C
52. RELIEF SHIPMENTS
Prisoners of war are allowed to receive by post or by any other means individual parcels or collective shipments containing such items as foodstuffs; clothing; medical supplies; articles of a religious, educational, or recreational character; seientific equipment; musical instruments; sports outfits; and materials allowing prisoners of war to pursue their studies or their cultural activities. All relief shipments for prisoners of war are exempt from import, customs, and other duties but are subject to inspection and censorship in accordance with directives of the Department of the Army.
53. RELIGIOUS, INTELLECTUAL, AND PHYSICAL ACTIVITIES
a. Prisoners of war enjoy complete liberty in the exercise of their religion, including attendance at the services of their faith, provided that they comply with the disciplinary routine prescribed by the mili-
A.GO 18815C
taryauthorities. Retained chaplains are allowed to minister to prisoners of war and to exercise freely their ministrations in accordance with their religious conscience. Retained chaplains are provided with necessary facilities, including the means of transportation, for visiting prisoners of war outside their camp. They should have the right to deal with the
competent authorities of the camp on all questions relating to their duties. Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, whatever their denomination, are to be free to minister to the members of their particular denomination; they receive the same treatment as retained chaplains, and they are not obligated to do any other work. In the absence of a retained chaplain or a prisoner-of-war minister of their faith, prisoners of war may request that a minister, or in his absence, a qualified layman, if feasible, belonging to their faith or a similar denomination, be appointed to function in this capacity. This appointment, subject to the approval of the Detaining Power, is made with the agreement of the prisoners concerned and, wherever necessary, with the local religious authorities of the same faith.
b. The camp commander and his staff should encourage prisoners of war to engage in intellectual, educational, and recreational activities. Adequate premises, instructional material and recreational equipment are provided the prisoners for such activities when practicable. Prisoners of war are also given opportunity for taking physical exercise and for being out of doors. Sufficient open space for such activities is provided for this purpose in all camps.
AGO. 1385C
54. COMPLAINTS
Prisoners of war have the right to make complaints to the camp commander regarding their conditions of captivity. They also have the unrestricted right to address complaints directly or through their spokesmen to the representatives of the protecting power. Even when recognized as unfounded, complaints may not be the basis for punishment.
55. OFFICER PRISONERS
Officers and prisoners of equivalent status are treated with the regard due their rank and age.
a.
Privileges. Officer prisoners are accorded certain facilities and privileges commensurate with their rank. They are provided quarters consistent· with their rank and are given reasonable opportunities for recreation and exercise.

b.
Orderlies. Officers and prisoners of equivalent status are assigned orderlies from other ranks of the same armed forces, who, as far as possible, speak the same language as the officers. Orderlies are not required to perform any other work. Except in unusual circumstances, no enlisted prisoner of war capable of performing a full day of productive labor is assigned as an orderly to an officer prisoner of war.

56. REPATRIATION OF SICK AND WOUNDED
a. Regardless of their number or rank, seriously wounded and seriously sick prisoners of war must be sent back to their own country after they have been medically cared for and are fit to travel, pro-
AGO·· 1385C
vided that arrangements have been made with the country concerned to receive them. However, no sick or wounded prisoner of war who is eligible for repatriation may be repatriated against his will during hostilities. Throughout the duration of hostili
•
ties, the countries concerned may make arrangements for the accommodation in neutral countries of sick and wounded prisoners of war.

b.
All appropriate decisions regarding sick and

" wounded prisoners of war are to be made by mixed medical commissions which are to be appointed upon the outbreak of hostilities. A mixed medical commission is to be composed of three members. Two of the members are to belong to a neutral country and are to be appointed by the International Committee of the Red Cross. The third member is to be appointed by the detaining power.
57. ESCAPE
In a theater of operations, notification of the escape of a prisoner of war is sent immediately by the commanding officer of the prisoner-of-war cage or camp, or by the commander of the escort if the escape is made while in transit, to all military commands in the vicinity, to commands in other localities through which the prisoner is likely to travel, and to higher headquarters. Each notification of escape is accompanied by the best available description of the escaped prisoner of war and any additional informa-. tion which may be useful in effecting his recapture. Notification of all escapes is sent to the Enemy Prisoner-of-War Information Bureau, and to indigenous civil law enforcement officers if appropriate, after
AGO 1385C
a sufficient period of time has elapsed to make immediate recapture appear improbable. Notification of recapture is promptly forwarded to each agency previously notified of the escape.
58. DEATH
a.
Prisoners of war who have died in captivity, regardless of the cause or manner of death, are honorably buried, if possible according to the rites of , their religion. Their graves are respected, properly maintained, and identified with appropriate markers.

b.
Death certificates, or lists certified by a responsible officer, of all persons who die as prisoners of war are forwarded as rapidly as possible to the Enemy Prisoner-of-War Information Bureau. The death certificate or list must identify the individual and state the date and place of death, the cause of death, the date and place of burial, and all data necessary to identify the grave. 'When a body is cremated, this fact, together with the reasons for this procedure, must be stated in the death certificate.

c.
The burial or cremation of a prisoner of war must be preceded by a medical examination of the body. Bodies may be cremated only for imperative reasons of hygiene, on account of the prisoner's religion, or upon his request for cremation.

a.
If the cause of death is unknown, or if a death or serious injury of a prisoner of war was caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, an official inquiry should be made and a report of the findings • sent to the Office of The Provost Marshal General.

e.
Enemy identification media, such as identifica-

AGO 1385C
tion tags, are forwarded to the Enemy Prisoner-ofWar Information Bureau. Duplicate identification media if any, or copies of originals, remain with the body.
59. LABOR
a.
GeneraZ. The detaining power may utilize as laborers prisoners of war who are physically fit. Although prisoners of war are generally employed in the communications zone, they may be employed in rear areas of the combat zone, or in the zone of interior within areas of labor specified by the Geneva Convention. The provost marshal of tlste communications zone reports the number of prisoners of war available for labor to the Assistant Chief of Staff, G-l. G-l allocates available labor to other staff agencies based on their requirements. G-4 receives a bulk allocation of prisoner-of-war laborers and reallocates to the technical services as may be required. Prisoners of war should be screened occupationally and for security before assignment.

b.
Supervisors. The number of guards required for prisoners of war who are retained in the communications zone for labor depends upon the labor project and the number of prisoners of war utilized. For best results, prisoners of war should be worked under the immediate supervision of their own noncommissioned officers who, in turn, should be supervised by officer prisoners of war, if possible. Supervision of prisoners of war employed at Navy or Air Force installations becomes the responsibility of those services upon their acceptance of prisoners for such employment.

c.
Restrictio'M. The Provost Marshal General, acting for the Army, normally designates the type of labor in which prisoners of war may be employed. Limitations governing prisoner-of-war labor include the following:

AGO 1385C
(1)
No prisoner of war may be employed at work for which he is physically unfit. All prisoners of war are given a physical examination before being assigned to work, and are examined periodically, at least once a month.

(2)
Noncommissioned officers may be required to do only supervisory work. Officers and noncommissioned officers may be permitted to work if they request it.

(3)
The duration of the daily labor of a prisoner of war, including the time of the journey to and from work, must not be excessive, and must in no case exceed the time allowed for civilian workers employed at the same work in the same district. A prisoner of war must be allowed definite rest periods, including not less than one hour in the middle of the day's work; 24 consecutive hours weekly, preferably on Sunday or the day of rest in his country of origin; and eight paid consecutive days, if he has worked for one year.

(4)
In addition to work connected with camp administration, installation, or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes: agriculture; domestic

68'    AGO l3Blle
service; transport and handling of stores which are not military in character or purpose; commercial business, and arts and crafts; and industries or public utility serVices which have no military character or purpose. For instance, prisoners of war may not be compelled to work in metallurgical, machinery, and chemical industries, but it is permissible to utilize prisoners of
•    war in labor which is not military in character or purpose, such as assisting in preventive medicine activities; e. g., clearing and straightening s t rea m s, draining swamps, and applying residual-type insecticide for controlling insect-borne diseases.
(5)
Unless    he volunteers, no prisoner of war may be employed on labor which is of an unhealthy or dangerous nature. The removal of mines or similar devices is considered as dangerous labor.

(6)
A prisoner of war may not be assigned to labor which is looked upon as humiliating for a member of the Armed Forces of the United States.

(7)
Suitable working conditions must be granted prisoners of war, particularly in respect to accommodations, food, clothing, and equipment. Safety precautions and regulations must also be applied.

(8)
Retained chaplains and prisoners of war who are ministers of religion performing such duties are not to be compelled to carry out any work other than that concerned with their religious duties.

d.
Oompensation and Labor Detaohments. Prisoners of war are paid a fair working rate. The pay at no time may be less than one-fourth of one Swiss franc for a full working day. Working pay is likewise paid to prisoners of war who are permanently detailed to duties or a skilled or semiskilled occupation in connection with the administration, management, and maintenance of prisoner-of-war camps.

(1)
Branch camps are organized and administered in a manner similar to prisoner-of-war camps. Labor detachments are administered by the prisoner-of-war camp. The military authorities and the commander of the camp are responsible for the observance of the provisions of the Geneva Oonvention in labor detachments.

(2)
Prisoners of war are counted and inspected before going to and upon returning from work; if necessary, they are searched. Special counts and searches are made at unscheduled times.

(3)
When prisoners of war are employed on projects by employers other than the Army, even if the employers are responsible for guarding and protecting them, the prisoners are treated as provided by the Oonvention and pertinent Department of the Army regulations and directives. The Army continues to be responsible for the maintenance, care, treatment, security, and payment of the working pay of prisoners of war employed by industry.

(4)
When prisoner of war labor is requested by units of the Army or by other services for labor by the day, the requesting unit or service is responsible, only during the hours of employment, for the security and proper employment of the prisoners. Administration remains the responsibility of the camp commander.

AGOA3S5C
AGO 1385C
60. INJURED AND DISEASED PRISONERS
A prisoner of war who sustains injury or contracts a disease in the course of or as a consequence of his work receives all the care his condition may require. The prisoner of war also receives a medical certificate which may enable him to submit a claim to the power on which he depends. A duplicate copy of the medical certificate is sent to the Central Prisoner-of-W ar Information Agency.
Section III. TRANSFER AND EVACUATION
61. TRANSFER OF PRISONERS OF WAR
a.
The transfer of prisoners of war is always effected humanely and under conditions not less favorable than those under which United States troops are transported. Sufficient food, potable water, clothing, shelter, and medical attention are provided during transfer. Adequate precautions are taken to insure the safety of the prisoners. Sick and wounded prisoners of war are not transferred if their recovery may be impaired.

b.
In the event of transfer, prisoners of war are officially advised of their departure and their new

AGO 1385C
postal address in sufficient time to permit them to
pack their luggage and to notify their next of kin
(par. 51).
c. Prisoners of war are allowed to take with them their personal effects, the weight of which may be limited, if circumstances so require, to the amount each prisoner can reasonably carry, which is not to exceed twenty-five kilograms (approximately 55 pounds) per person.
62. EVACUATION BY WATER
a.
When prisoners of war are transferred or evacuated by vessel within a theater of operations, the move is so coordinated that the unit, camp, or enclosure transferring custody and the unit, camp, or enclosure receiving the prisoners have full information as to the number of prisoners being transferred, and the time of departure and the estimated time of arrival of the vessel. In addition, arrangements are made for necessary guard personnel and for transportation to and from the port or beach.

b.
Alphabetical shipping lists of prisoners of war are made for each transport. The shipping lists include the full name, grade, nationality, service number, and capture date; if the prisoners have been processed, the internment serial number is included. Rosters are completed in sufficient number to provide copies for the officer or senior noncommissioned officer in charge of the guard accompanying the prisoners, the commanding officer of the receiving prisonerof-war unit or installation, the provost marshal concerned, the port authorities, and other appropriate officials.

c.
Prisoners of war are assembled in inclosed or otherwise secured areas at the port of embarkation, are divided into groups, and are searched before they board ship. Prohibited items are impounded or confiscated. After the search, each group is escorted under guard, to the gangplank according to the order of embarkation, and is conducted to its assigned area aboard ship. Wounded and seriously ill prisoners are loaded first, and then officer prisoners and other groups. Head counts are made upon boarding and at appropriate intervals thereafter. The segregation of prisoners is maintained throughout the assembling, the boarding, and the quartering on ship. Each prisoner carries his own clothing and other possessions; however, the possessions of the wounded or the ill and of high ranking officers are carried aboard by special prisoner-of-war details. When

72 A.GOA88~
required, prisoners are deloused prior to embarkation.
d. Safety and hygienic conditions aboard ship should conform to the requirements of the Geneva Convention. Life belts should be provided, and fire and boat drills conducted. Adequate latrine facilities as well as sufficient ventilation and air space to maintain health standards should be made available. Wounded and seriously ill prisoners of war should be separated and prisoners with communicable diseases should be isolated from other prisoners. Adequate medical facilities, potable water, food, and clothing to maintain health should be provided. In addition, instructions should be given to the prisoners with regard to restricted areas, light regulations, smoking privileges, and other prohibitions or privileges. Adequate confinement facilities should be provided for
A.GO A385C
prisoners who violate regulations. Signs should be posted in the languages of the prisoners.
e.
Aboard ship, prisoners of war serve as cooks; as food handlers; as kitchen police; and as clean-up details for decks, latrines, showers, and bunk or sleeping areas.

f.
If sleeping facilities are inadequate, provision is made to rotate the prisoners of war, by roster or shift, among the available hammocks, bunks, or pallets.

g.
If meSs facilities are inadequate, it may only be possible to provide two meals per day per prisoner, or the prisoners may be divided into several groups, each group eating at a different time.

h.
Ifa prisoner of war dies aboard ship, the commander of the escorting unit completes and forwards the required certificate or authentication to the Enemy Prisoner-of-War Information Bureau (par. 58). If circumstances require the burial of a prisoner of war at sea, the latitude and longitude of the place of burial are given in the report.

63. EVACUATION FROM COMMUNICATIONS ZONE
The number of prisoners of war to be evacuated from the communications zone to the zone of interior is governed by such factors as available shipping, theater labor requirements, and facilities in the zone of interior. Prior to each authorized shipment of prisoners, The Provost Marshal General, Department of the Army, must be informed of the numbers, ranks, and nationalities of prisoners of war being evacuated.
AGO la811e
CHAPTER 4
MILITARY POLICE PRISONER-Of-WAR UNITS

Section I. MILITARY POLICE PRISONER-Of-WAR
PROCESSING COMPANY

64. ORGANIZATION
The military police prisoner-of-war processing company is organized under T/O & E 19-237. The company consists of a company headquarters and three platoons. The company headquarters provides for the internal administration and mess of the company. Each platoon is capable of operating independently, and is composed of a platoon headquarters and five specialized sections, which are designated as the receiving, processing, photographic, fingerprint, and record sections. Each platoon is capable of processing at least one prisoner of war per minute.
65. MISSION
The mission of the military police prisoner-ofwar processing company is to receive, search, and process prisoners of war. Processing includes making and maintaining permanent reports and records, assigning internment serial numbers to all prisoners, and furnishing pertinent information to the Enemy Prisoner-of-War Information Bureau.
AGO 1385C 7S
66. ASSIGNMENT
Prisoner-of-war processing companies are assigned to field armies and the communications zone as required. Platoons from the company may be attached to task forces.

67. COMPANY OPERATIONS
a.
The prisoner-of-war processing company normally operates by platoons. When the company is operating as a unit, the platoons should be separated sufficiently to permit efficient operations.

b.
The physical arrangement of a platoon for processing is determined by the physical layout of the building or tent used. In processing, provision should be made for the continuous movement of prisoners of war from one section to another, and for sufficient space between the sections to allow for the efficient functioning of each section. (See fig. 7.)

c.
In processing prisoners of war, speed and smoothness of movement are primary considerations. To prevent monotony and to insure the continuous functioning of the platoon in the event of losses, each member of the platoon is trained to handle at least one additional processing assignment. Changes of personnel between sections are made as necessary to insure the continuous processing of the prisoners. Each unit determines through practice the most economical arrangement of personnel.

d.
When the company operates as a complete unit, the continuous processing of prisoners of war may be maintained over a twenty-four hour period by assigning an eight hour shift to each platoon. In the event that the sudden receipt of a large number of

AGO 1385C
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….
….
prisoners requires more than one platoon to be on duty at the same time, the schedule is revised by the company commander.
e. 1£ the company is assigned interpreters for more than one language, linguists proficient in the same language are assigned to different platoons. Noninterpreter personnel should know at. least those phrases in the foreign language that will expedite the handling of the prisoners of war within their section.
68. TREATMENT OF PRISONERS
Processing personnel refrain from touching prisoners unnecessarily during processing. Prisoners of war are directed by words, signs, and gestures.

69. USE OF SIGNS
Signs, printed in the languages of the prisoners and in English, are used to assist in directing prisoners of war through precessing. Both directional signs, guiding them from place to place, and instructional signs, informing them what is expected of them, are helpful.

70. CARRYING OF FIREARMS
Firearms are not worn or carried by personnel of the military police prisoner-of-war processing company while prisoners of war are being processed.

71. PLATOON OPERATIONS
As the platoon may frequently be separated from the company headquarters, the platoon is trained to handle its own administration. The platoon leader is responsible for the training and operation of the
AGO 1385C
platoon. Prisoners of war may be used to assist the platoon in the processing procedure. The platoon leader selects from each group of prisoners of war to be processed one or more prisoners senior in grade or rank who can speak English. The leader explains to these prisoners the purpose of the processing, and makes them responsible for the conduct of the groups. As far as practicable, the platoon leader relays orders and instructions to the prisoners through these
•    selected leaders. (See fig. 7.)
72.    RECEIVING SECTION
a. Operation. A prisoner of war is handled by the receiving section in the following manner:
(1)
The prisoner of war enters the processing building or tent and is directed to a member of the receiving section, called the reoeiver, who asks the prisoner to remove his personal possessions and place them on a tray. The reoeiver records the name of the prisoner on the Basic Personnel Record Prisoner of War-Enemy Alien (DA Form 19-2), and assigns him an internment serial number. The reoeiver then directs the prisoner to the searoher, at the same time moving the tray containing the personal possessions to the inspeotor. The inspeotor examines the effects while the search is being conducted.

(2)
The prisoner of war is carefully searched for concealed weapons; signal devices; papers or books containing any invisible writing; pictures, maps, or sketches of mili-

AGO 1385C
tary or naval installations; equipment or implements of war; and other unauthorized articles that may have been overlooked in previous searches. If any such articles are found, they are placed with the prisoner's other effects on the tray before the i'Mpeotor. The i'Mpeotor informs the olerk of the articles belonging to the prisoner that are to be taken from him and retained by the Government. All these articles are recorded in a special property register and a receipt given to the prisoner of war for money or items of value. These articles are also recorded on DA Form 19-2 and are placed in a container that is marked with the prisoner's name, assigned serial number, and
any other required information.
(3) The prisoner then moves to the next station where he is weighed, where his height is measured, and where he is examined for identifying marks. The data together with his age are also recorded on DA Form 19-2. The prisoner is then handed his form and directed to the processing section.
b. Special I'Mtruotio'M.
(1)
Members of the receiving section must be thoroughly familiar with foreign money. Care must constantly be exercised to detect counterfeit currency.

(2)
Noninterpreters should know such words

and phrases in the prisoner's language as"Place your personal effects in this tray." "Place hands here." "Stand here."
AGO 1385C
"Stand there."
"Do you have any scars~"
"Step on scale."
"Take your things."
"Do not rush."
"Wait."
"That is all."

73. PROCESSING SECTION
a.
Interpreter8. The noncommissioned officers of the processing section assign prisoners of war to interpreters. When required, certain selected and trusted prisoners of war may be used as interpreters. Members of the processing section should memorize the information required by the prisoner-of-war personnel record. A thorough know ledge of the reasons behind each question on the form is of assistance in obtaining the required information.

b.
Que8tioning Pri8oner8. The questioning of a prisoner of war is confined to obtaining the information necessary to complete the personnel record. When the information has been recorded, the interpreter initials the form, hands it to the prisoner, and directs him to the photographic section.

c.
Special Instructions. The noncommissioned officer in charge of the processing section must be able to speak and read fluently the language designated for his group. He should know the abilities of the interpreters, so that when advisable he may readily make special assignments of prisoners. He should carefully observe the progress of the interviews and, where there appears to be unnecessary delay, personally take charge. The interpreters should have

AGO 1385C
paper and pencil available; prisoners can frequently assist interpreters by writing unusual names.
74. PHOTOGRAPHIC SECTION·
a.
FWlUJtioning. The members of this section should be qualified photographers. Each member of the section should be trained to perform the work of every other member so that the duties can be rotated during the actual processing. To maintain a high standard of work, developers and printers must receive relief at frequent intervals.

b.
Identification Board Group. Theidentification board group receives the prisoners of war from the processing section, prepares the boards on the basis of the information contained on the personnel records, and shows the boards to the prisoners for verification. At least three men are needed to prepare the boards. Men temporarily relieved from developing and printing may be used for this work. The boards are prepared in accordance with Department of the Army directives.

c.
Oamera Group. This group consists of the photographer and his assistant. The assistant receives each prisoner of war and the identification board, directs the prisoner to the spot designated, has him face the· camera, and places the board. After the picture is taken, the assistant turns the prisoner of war for a profile view. It is good practice to have the prisoner of war stand, rather than sit, during the photographing.

d. Special Instructions.
(1)
Before beginning the processing, a few photographs should be taken and developed to insure proper lighting and exposure.

(2)
Members of the photographic section should know such words and phrases in the prisoner's language as

AGO 1385C
"Come with me."
"Face the ca.mera."
"Face me."
"Turn around."
"Raise your head."
"Stand still."
"Stand here."

..
"That is all."
"Wait."
"Next."

75. FINGERPRINT SECTION
a. Finge1'prVnting. When the photographs have been taken, the prisoner of war is directed to the fingerprint section. The fingerprinter makes certain that the hands of the prisoner are clean and free from any oily substance, applies the ink, and takes the prints, being careful to protect the forms from smudging or smearing. The prisoner is then directed to cleanse his hands with the materials provided for this purpose, is handed the forms, and is sent to the record section.
b. Special Instructions.
(1)
To minimize fatigue, duties should be rotated among the members of the section.

(2)
Members of the fingerprint section should lmow such words and phrases in the prisoners language as

"Clean your hands." "Relax."
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"Do not press."
"Roll your arm this way."

76. RECORD SECTION
a.
Per80nnel. Members of this section should be competent typists; should be accurate, careful, and thorough in their duties; and should be trained to detect errors quickly.

b.
Function. This section types the information secured by the preceding sections. The forms are checked carefully for correctness and completeness. When any mistake or omission is found, the form is returned to the section responsible, and the further processing of the prisoner of war is delayed until the correction is made. The forms are filed until the photographs are received from the photographic section. Forms are usually filed by internment serial numbers. 'When the photographs are received, they are attached to the forms, care being exercised that the correct pictures are attached to the proper forms. Each member of the record section initials all the records handled by him.

c. Di8p08ition of Form8.
(1)
The original copy of the prisoner-or-war record is retained at the camp until the prisoner is transferred, at which time it is forwarded to the commanding officer of the new camp. The record section forwards the duplicate copy to the Enemy Prisoner-of-War Information Bureau where it is retained as the basic record of the prisoner.

(2)
Personal effects which are not retained by the prisoner of war during his internment

AGO l381le
•
. _
are disposed of in accordance with Department of the Army instructions (par. 21).
(3)
The record section also prepares and transmits to appropriate officials such other identification records as may be prescribed by the theater commander.

d.
Special Instructions. Members of the record section should know such words and phrases in the prisoners, language as

"    "Is this your name 1" "Wait." "Stand over here." "That is all." "Go out that door."
Section    II. MILITARY POLICE GUARD COMPANY
77.    ORGANIZATION
There are two types of military police guard companies: military police guard company (mobile) and military police guard company.
a.
The military police guard company (mobile) is organized under TjO & E 19-47. The company consists of a. company headquarters and three platoons.

b.
The military police guard company is organized under TjO & E 19-247. The company consists of a company headquarters, three guard platoons, and a machine gun section.

78. MISSION AND ASSIGNMENT
a. The mission of the military police guard company (mobile) is to guard and evacuate prisoners of
AGO 1385C
war and interned enemy aliens. The companies are assigned to field armies and the communications zone as required.
o. The mission of the military police guard company is to guard prisoners of war or interned enemy aliens, both at prisoner-of-war camps or cages and during transfer to and between cages, camps, and ports. The companies are assigned to the communications zone and to the zone of interior as required.
79. CAPABILITIES
a.
The military police guard company (mobile) is capable of providing the guard for 2,000 to 3,000 prisoners of war or interned enemy aliens at prisonerof-war cages; evacuating 1,000 to 1,500 prisoners of war or interned enemy aliens by marching; and providing the guard for the evacuation of 1,500 to 2,000 prisoners of war or interned enemy aliens by motor in vehicles of Transportation Corps truck companies or in other vehicles under the control of an army, a corps, or the communications zone.

b.
The military police guard company is capable of providing the guard for 2,000 to 2,500 prisoners of war or interned enemy aliens at prisoner-of-war cages (may be augmented with teams from TjO & E 19-500 in case the physical layout of the cage or the number of prisoners or internees so dictates) ; providing the guard for 1,500 to 2,000 prisoners of war or interned enemy aliens at prisoner-of-war camps; providing the guard for three to four prisoner-of-war labor companies employed on work projects distant from cages or camps; evacuating 1,000 to 1,500 prisoners of war or interned enemy aliens

AGO 1385C
by marching; providing the guard and escort for the movement of fifty truckloads of prisoners of war by motor; and providing the guard and escort for the movement of 2,000 to 3,000 prisoners of war by rail in standard-type military railway trains.

80. WITH AN ARMY OR SEPARATE CORPS
•
One or more military police guard companies may be attached to a field army, or to a corps when it is operating independently. The guard company operates at the army or corps prisoner-of-war cage or at a prisoner-of-war camp in the communication zone. Prisoners of war who are transferred from an army or corps prisoner-of-war cage to the zone of interior are transported to the port of embarkation under a guard furnished by a guard company from the communications zone. At the port of embarkation the prisoners of war are turned over to the port commander for shipment to the zone of interior.
8:1. WITH LOGISTICAL COMMAND
a.
Military police guard companies that are attached to a logistical command are assigned to prisoner-of-war camps or projects, or are used to guard prisoners of war who are being evacuated or who are being transported to camps on work projects.

b.
A guard company that is assigned to a prisonerof-war camp performs the following duties:

(1)
Guards prisoners of war within the camp.

(2)
Furnishes guard details for prisoners of war working outside the camp.

(3)
Furnishes guard details for prisoners of war being transferred from one camp to another.

AGO 1385C
APPENDIX
TRAINING

1. GENERAL
The training of personnel assigned to handle prisoners of war may be divided into three categories: basic, technical, and tactical. This appendix is concerned primarily with the technical training applicable to personnel assigned to a military police prisoner-of-war processing company or a military police guard company. In preparing the training program, emphasis m-.lst be placed on the subjects that are most applicable to the type of duties that are to be performed. In a military police prisonerof-war processing company, for example, the training program should emphasize the coordinating of the various sections and specialist skills in order to develop the teamwork necessary to aGcomplish the mission. On the other hand, in a military police guard company, the training program should emphasize such subjects as the movement and guarding of prisoners of war.
2. PURPOSE OF TRAINING
The main objective of all military training is success in combat. Training in the handling of prisoners of war furt!1ers the accomplishment of the military mission through the proper disposition and
AGO 138CiC
advantageous utilization of prisoners of war in accordance with the Geneva Oonvention of 1~ August 1949 and pertinent directives.
3. STANDARDS TO BE ATTAINED
a. General. All personnel assigned to handle prisoners of war should:
(1) Understand the provisions of the Geneva Oonvention relative to the Treatment of Prisoners of War, including the following:
(a)
Rights of prisoners of war.

(b)
Information that prisoners of war are required to give to captors.

«(]) Personal effects of prisoners of war that are to be retained by the prisoners, or to be impounded or confiscated by the captors; disposition of personal effects impounded or confiscated.
(d)
Conditions of transfer of prisoners of war.

(
e) Interment of prisoners of war.

(I)
Quarters, food, and clothing for prIsoners of war.

(g)
Hygiene and medical attention for prisoners of war.

(h)
Discipline of prisoners of war; use of force.

(i)
Labor of prisoners of war.

(j)
Payment of prisoners of war.

(k)
Penal and disciplinary sanctions for prisoners of war.

(l)
Release, repatriation, and death of prisoners of war.

(m)
Information bureaus and relief societies for prisoners of war.

(2)
Know their jurisdiction and authority over prisoners of war.

(3)
Be familiar with military regulations as to degTee of force to be used in the control of prisoners of war.

(
4) Know how to search prisoners of war.

(5)
Know the disposition that is to be made of confiscated and impounded effects, including all material of intelligence value.

(6)
Develop a practical working knowledge of the language of the enemy.

b.
Military Police Prisoner-of-War Proce88ing Oompany. In addition to attaining the standards for all personnel handling prisoners of war, personnel of the military police prisoner-of-war processing company should

(1)
Be able to operate independently in individual platoons, each platoon capable of processing one prisoner of war per minute on an eight hour basis.

(2)
Maintain all necessary individual records with regard to prisoners of war.

(3)
Furnish pertinent information compiled to the Enemy Prisoner-of-vVar Information Bureau.

(4)
Be proficient in more than one of the specialist skills required in the prC!cessing company, so that personnel may be rotated to insure continuous, complete, and uninterrupted processing.

AGO 1385C
c. Military Police Guard Oompany. In addition to attaining the standards for all personnel handling
AGO 1385C
prisoners of war, personnel of the military police guard company should:
(1)
Be able to evacuate prisoners of war, maintain segregation, eriforce discipline, prevent escapes, and protect documents or material of intelligence value.

(2)
Know how to tag prisoners of war.

(3)
Know how to guard prisoners of war.

4. TECHNICAL TRAINING OBJECTIVES
a. Military Police Prisoner-of-War Processing Oompany.
(1)
The over-all technical training objective for a military police prisoner-of-war processing company is to train it to process efficiently one prisoner of war per minute on a twenty~four hour basis and to attain proficiency in the maintenance of the records, forms, and reports required for transmittal to the Enemy Prisoner~of-War Information Bureau.

(2)
To insure the effective performance of the company as a unit, its personnel are trained to become proficient in the following:

.(a) Coordinating the activities of the sections.
(b)
Establishing processing stations.

(d)
Guarding prisoners of war.

(e)
Searching prisoners of war.

(I)
Repairing or replacing damaged equipment.

(g)
Loading and unloading equipment.

(3)
To insure the effective operation of each

AGO 1385C 9T
of the five sections, personnel assigned to the sections are trained to become proficient in the following:
(a) Receivin,q section.
1. Recording names.
~. Assigning internment serial numbers.

3.
Searching prisoners of war.

4.
Examining personal effects.

5.
Recording effects taken from prisoners

.;
of war.
6.
Disposing of effects taken from prisoners of war.

7.
Recording weight, height, age, and identifying marks.

(0) Processing section.
1; Interrogating prisoners of war. ~. Recording information.
(c) Photographic section.
1. Preparing identification boards. ~. Verifying identification boards.
3.
Taking photographs.

4.
Developing and printing.

(d) Fingerprint section.
1.    Inking plates.
~.    Producing clear, readable fingerprint records.
(e) Record section.
1.    Recording information.
~. Filing forms . . b. Military Police Guard Oompany. To insure the proper performance of their duties; individuals assigned to the military police guard company are trained in the essential techniques that are necellsary to insure the efficient achievement of the·following:
AGO 1385C
(1)
Tagging prisoners of war.

(2)
Guarding prisoners of war at cages and camps.

(3)
Evacuating prisoners of war by foot, motor, rail, and plane, or boat.

(4)
Searching prisoners of war.

(5)
Protecting prisoners of war against public insult or curiosity.

(6)
Guarding, marking, and disposing of confiscated or impounded prisoner-of-war personal effects.

(7)
Segregating prisoners of war.

(8)
Enforcing military laws and regulations and maintaining order.

(9)
Handling escapes.

(10)
Handling and disposing of injured prisoners of war.

(11)
Transporting prisoners of war, including loading, unloading, embarking, and debarking.

(12)
Counting and receipting for prisoners of war.

(13)
Using the services of enemy medical and other protected personnel.

5. MINIMUM TRAINING SCHEDULE
The minimum training schedule which follows is only a guide for the technical training of the individual members of a military police prisoner-of-war processing company and a military police guard company. Additional training as appropriate and as needed should be included in the training program.
AGO 1385C
GENERAL ALLOTMENT OF TIME
Subject Hours
1 5 3 2 6 2 4 8 50 1 82
Introduction____ ___ _ _ _ _ _ __ __ _ _ ___ __ __ _ _ __ _ _ _ _ _ Geneva Conventions________________________ '-__ Disciplinary Measures ________________________ _ Interrogation________________________________ _ Capture_____________________________________ _ Collection___________________________________ _ Evacuation___ ___ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ___ Prisoners of War in the Communications Zone____ Military Police Prisoner-of-War Processing Company_____________________________________ _ Military Police Guard Company_______________ _ Total hours_____________________________ 1 4 5 1 6 4 12 12 1 2 48

'MPGC-Military Police Guard Company.
"MPPWPO-Military Police Prisoner-oI-War Process!n~ Company.

tI
.AGO 1385C
t"
t
o
Hours
…
eo
00
.
0
""n Method
Subjeot
References
p.,
0
~
p.,
0
p.,
p.,
::;!
::;!
Introduction
C_________________
General and special staff officers' responsibilities in relation to prisoners of war.
Geneva Convention8
C and D __________
The Geneva Conventions; definition of prisoners of war; definition of protected personnel.
C D, and PE______
Resum6 of rules for the general protection
J
of prisoners of war. ·MllItary Pollee Guard Company. ··Milltary Poliee Prlsoner·of· War Processing Company. 00
VI
Pars. 1-4_________
(1)
(1)
4
Pars. 5-7_________
(2)
(1)
Par. 8 ____________
(1)
(1)
00
0
Hours
.
(;
Method
Suhject
References
Po<
.
o
~
C!l
Po<
Po<
Po<
~
::s
Geneva Conventions-Continued
C ________________ J
Prisoner-of-War Information Bureau; cen-j Par. 9-___________1(1)1 (1) tral Prisoner-of-War Information Agency. C ________________ J Protecting Powers; welfare organizations ___
Pars. 10, 1L______ 1 (1)1 (1)
Disciplinary Measures
5
3
C, D, and PK_____ I Enumeration of permissible disciPlinarY'1 Pars. 12,13_______ 1 (3)1 (2) punishments. C, D, and PK____ -I Judicial proceedings _____________________
Par. 14__________ -' (2)1 (1
b
e
o
Interrogation
1
2
….
co
00
f.) c, D, and PE
Purpose of interrogation; staff responsi-
Par. 15_: _________ 1___ -1 (1
,
~
l>
bility; information supplied by prisoners
e:>
o
of war upon capture. ,… C ________________ -' Principles of interrogation; _phases of in-
Pars. 16, 17_______ 1____ 1 (1)
(X)
'"
C11
terrogation.
()
C!)'ptuTe
6
6
C, D, and PK_____ I Explanation of action of capturing troops; I Pars. 18-2L______ 1(2) 1(4) search of prisoners of war; documents; personal effects. C, D, and PE_____ -' Segregation of prisoners of war; movement I Pars. 22-24 _______ 1 (4) I (2) to division collecting point; duties of escorts.
Collection
I 4 I 2
C, D, and PE______ I Staff responsibility; location of infantry I Pars. 25-26_______ 1 (2) I (1) division collecting point; responsibility of military police; operations at division collecting point. C________________ -' Airborne division collecting point; armored I Pars. 27-30 _______ 1 (2) 1 (1) division collecting point; collecting points in arctic areas; collecting points in desert areas. °Milltary Police Guard Company.
00
…. o·Military Police Prisoner·o!·War Processing Company •
00CD
Hours
.
Method
0
Subject Reference!!
il<
0
~
0
I'< il< il<
~ ~
–
Evacuation
12 4 Pars. 31-34_______
C, D, and PE-____ JExplanation of the requirements of the (6)
(1) Geneva Convention regarding evacuation of prisoners of war; evacuation principles, responsibilities for evacuation, evacuation procedures. C, D, and PE______ I Evacuation in amphibious operations; evac-
Pars. 35,36_______ 1 (3) 1 (1) uation in airborne operations.
C, D, and PE-_____ Evacuation of prisoners of war to corps; I Pars. 37-40_______ 1 (3)
1
(2) procedure in handling prisoners of war at
>
army cages; evacuation to communica
§
tions zone; handling of prisoners of war
-::0
upon the forward displacement of army
00
rear boundary.
('l
""
,
•

t>
o
o
"" C, D, and PE.

<¥J
""
()
""
C, D, and PE.
C, D, and PE.
'0, D;andPK C, D, and PE.
Prisoners of War in the Communications Zone
Cages and processing stations: duties and I Pars. 41-43 _______ functions of prisoner-of-war cage representatives; prisoner-of-war camps; description of camps; requirements of camps. Administrative considerations in the opera-I Pars. 44-46 _______ tion of camps; command responsibilities; records and reports; processing; organization of prisoner-of-war companies; selection and duties of representatives; courtesies and salutes. Supplies and equipment at prisoner-of-war I Pars. 47-49 _______ camps; canteens at prisoner-of war camps; ·disposition of personal effects; sanitation and medical care. Pay and allowances for prisoners of war; I Pars. 50-52_______ mail and censorship; relief shipments. Religious, intellectual, and physical activi-I Pars. 53-55_______ ties of prisoners of war; complaints; treatment of officer prisoners.
12
8 1 (1)1 (1)
1 (1)1 (1)
1 (1)1 (1)
I (1) I (1) 1 (1)1 (1)
·Military Pollee Guurd Company.
"Military POlice Prisoner·or·War Processing Company.

~
–

a
a
Method
C, D, and PE.
C, D, and PE.

C, D, and PE.
~
o
….
…
.,.
n
Hours
.
o
Subject
References
Poi
.
~.
o
C!l
Poi
Po<
Po<
~
~
-~~-~–~-~~-~–
——–1-·-,__
Prisoners of War in the Communications
. Zone-Continued
Repatriation of sick and wounded; action 1 Pars. 56-58 _______ 1 (1)1 (1) upon escape of prisoners of war; procedure upon death of prisoners of war. Employment of prisoners of war in the 1 Pars. 59, 60_______ I (4) I (1) communications zone; restrictions; compensation; labor units; injured and diseased prisoners. Provisions for transferring prisoners of war; I Pars. 61-63 _______ 1 (2)1 (1) evacuation of prisoners of war by water; evacuation from communications zone .
~
"'.
~
Military Police Prisoner-of-War Processing
1 I 50
Q
o
Company
….
~
n 011 C, D, and PE______ I The organization of the military police 1 Pars. 64-70–_____1____ 1 (4) prisoner-of-war processing company; its mission and assignment; company operations; treatment of prisoners of war; use of signs; carrying of firearms. C, D, and PE______IPlatoon operations; operations and function 1Pars. 71,72——-1—-1 (9) of the receiving section. 0, D, and PK_____
Operations and function of the processing 1 Par. 73 ___________ 1____ 1 (9) section. C, D, and PK_____
Operations and function of the photographic 1Par. 74___________1____ 1(9) " section. C, D, and PK_____ Operations and function of the fingerprint 1Par. 75___________1____ 1(10) section. C; D,"and'PE~___ ~~ ()perationsand functionofthereoordsec-I·Par.7{L~__ ~ __ ~-___ I____ 1(9) tion. ·Military Police Guard Company. ··Military ~olice Prisoner-of-War Processing Company •
…
o
….
..
o
~
Subject
Method
Military Police Guard Company
C, D, andPE______
The organization of the military police guard companies; mission and assignment; capabilities; operations with army or separate corps; operations with logistical command.
'Military Police Guard Company.
"Military Police Prisoner-oC-War Processing Company.

lI
I<.)
o
….
…
(»
ell

n
Hours
.
0
ReCerences
P<
0
i:::
0
P<
P<
P<
:2l
:2l
2
1
Pars. 77-SL ______
(2)
(1)
6. ADDITIONAL TRAINING
In addition to the training required for handling prisoners of war, personnel of the military police prisoner-of-war processing company and the military police guard company should receive training in such subjects as the following:
a.
The physical training required for dismounted ground combat consistent with the maximum capabilities of the unit.

o.
The principles of concealment and camouflage, cover, and movement. "

c.
Security consciousness that will assure detection and action against subversive activities;' defense against infiltration, guerrilla warfare, and enemy partisan activities.

d.
Control of traffic and circulation of individuals.

e.
Protection of property to include assistance to civil authorities when specifically authorized.

f.
The operation of the unit including administration, motor maintenance, communication,' and supply functions.

g.
Prescribed standards for the maintenance of all organization equipment.

h.
Other duties normally assigned to military police.

7. TRAINING CONSIDERATIONS
Training should simulate as closely as possible the actual problems that will be encountered in the field. Ingenuity should be exercised in presenting problems and situations that will stimulate interest. Realistic training and realism in maneuvers and field exercises appropriate to the unit's function and mission should be stressed.
AGO-1385C 103:
INDEX
Para~
Paue
UTaph
Activities, POW:
IntellectuaL________________________ 52, 53b
62,63 PhysicaL___________________________ 52, 53b
62,63
.,
Religious___________________________ 52,53b
62,63
Administrative considerations:
Activities, POW____ "_______________ 52, 53b 62,63
Allowances, pay and__________________ 50 5.9
Censorship, mail and_ _ _ _____ _ _ __ ___ __ 51 61
Command responsibilities __ _ _ _ _ _ _ _ _ _ _ _ 45b 51

Complaints___ _______ _ __ _ _ _ _____ ____ _ 54

64
Courtesies_____ -'·_____ ___ __ _ _ _ _ ____ ___ 46

55
])eath______________________________ 58 66
])iseased prisoners_____ _ _ _ _ _ _ _ _ ___ _ _ _ 60 71

Escape______________________________ 57 65
Equipment, supplies and______________ 47 56
Facilities, sanitation and medicaL__ _ _ _ _ 49 58
General_____________________________ 44 49
Injured and diseased prisoners __ _ _ _ _ _ _ _ 60 71
Intellectual activities_ __ __ _ _ _ _ _ _ _ _ _ _ _ _ 53 62

Labor:
Compensation __________________ _
59d 70
GeneraL _______________________ _

59a 67
Restrictions ____________________ _

59c 68
Supervisors_____________________ _

59b 67
Mail and censorshi p ____ …. _ -__ –_ -_ —51 61
Officer prisoners_____________ -___ -_ —55 64

Orderlies___________________ -__ -_
55b 64
privileges ___________ -___ –_ —–55a 64
Pay a.nd .allowances ___________ -____ -_ 50 59

~
Physical activities__________ ———-53 62
Policies ____________________ -_ ——_

45 49

104 AGO 1385C
Administrative considerations-Continued Prisoner of war:
Evacuation_____________________ _ Labor_________________________ _ Officers ________________________ _ Organization ___________________ _ Representativcs_________________ _ Transfer_______________________ _ Principles__________________________ _ Processing__________________________ _ Property, personaL _________________ _ Records____________________________ _ Relief shipments____________________ _ Religious activiti€s __________________ _ Repatriation of sick and wounded_____ _ Reports, records and ________________ _ Sanitation and medical care __________ _ Supplies and equipment:
Canteens_______________________ _
Clothing_______________________ _
Miscellaneous___________________ _
Rations________________________ _
Transfer of prisoners of war__________ _
Agency, Central POW Information________ _
Allowances, pay and_____________________ _

Boundary, rear, forward displacemenL ____ _ Cages, Figure 3_________________________ _ Camps, POW, Figures 6,7,8_____________ _ Capture: I>ocuments__________________________ Escorts_____________________________
l'
Evacuation to collecting point_________ GeneraL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____ _ _ _ _ Interrogation at collelting point________ Movement to division collecting point_ _ • Responsibility for POW_______________
Paro.
graph
61-63 59 55
45e 451
61
45a 45d
48
45c
52 53 56
45c
49
47d 47a 47c 47b
61
9c
50 40 38, 41
43
20 24
18b
18
18b
23
18c
Search, immediate___________________ 18a, 19
Page
71
67 64 53 53
71
49 51 57 51 62 62 64 51 58
57 56 57 57 71 11 59 41 39,42 44
23 27 22 22 22 26 22 22,23
Segregation__ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ 22
26
Censorship, mail and ____ ________________ 51b
61
7
lOS'
AGO 1385C
PaTa~
Page
IIraph
Collecting point: Airborne division____________________ 27 30 Arctic operations______ ____ _ _ __ ___ ___ _ 30a
32 Armored division_____________________ 28b 31 In a rapid pursuit_ ___ _ _ _ _ _ _ _ _ _ _ _ _ 28d 32 Definition_ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 18b
22 Desert operatiom __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 30b
33
Division ____________________________ 23,24b
26,27 Purpose_____________________________ 25 28 General_____________________________ 25 28 .. Infantry division_____________________ 26 28 Collection____________________________ 18b, App.
22,88 Compensation _______________'_ ___ _ _ _ _ _ ___ 59d
70 Complaints______________________________ 54 64 Communications zone, evacuation to_ _ _____ 39 41 Correspondence______________________ 38g, 51, 61b
40,61,
71.
Courtesies____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 46 55
Death of prisoner of war: BuriaL _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 58a, b
66 Death certificate_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 58b
66 Examination of body _ _____ ____ _______ 58e
66 Identification media_ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ 58e
66 Inquiry to determine cause_ _ _ _ _ _ _ _ _ _ _ _ 58d 66 On ship_____________________________ 62h 74 Personal effects of deceased_ ______ _ _ _ _ _ 48b 58 Report to protecting power___ _ _ _ _ _ _ _ _ _ 58d 66 Discipline: Measures, disciplinary___________ 12-14, App. 13,88 Punishment:
Collective______________________ _
12e 13
Sanctions, disciplinary:Confinement________________ _ "
13e 15
Duration___________________ _
13a 14
Escapees___________________ _
13d 15 Fatigue duties______________ _
13b 15
"
Summary punishment poweL __ 13e 15
Standards__________________________ _
16d 20 Use of weapons against POW_________ _ 12e 14
AGO 1385C
Para
Pagegra]Jh
Diseased prisoners_______________________ _
60 71 Displacement of Army rear boundry_______ _ 40 41 Division:
Airborne___________________________ _ 27 30Armored___________________________ _ 28 31
; Infantry___________________________ _ 26 28 Documents_____________________________ _
20 23 Education______________________________ 53b, 3e
63, 2 Effects, personaL _ ____ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ ___ 21 24 Employment-___________________________ 3e, 59
2,67 Equipment, supplies and____ ___ _ _ _ _ _ _ ___ __ 47 56 Escape_________________________________ 13d,57
15,65 Escorts________________________________ 24, 26c
27, 29 Evacuation________________ 3,31-40,61-63, App. 2,33, 71,88 Airborne operations_________________ _
36 38 Amphibious operations_______________ _ 35 38 Initial phase____________________ _
35a 38 intermediate phase______________ _ 35b 38 Final phase_____________________ _
35e 38
Army operations: Cages___________________________ 38a 39 Notification of families____________ 38g 40
Processing______ ___ ___ _ _ _ _ __ _ _ _ __ 38
39 Processing Companies___ 45d (3), 64-76 53,75 Receipting for prisoners__ __ _ _ _ _ _ _ _ 38b 39 Record, POW personneL _____ 45d (1),.(2) 51,52 Sanitary measures________________ 38d 40 Search of prisoner________________ 38e 39 Serial number, internmenL___ 45d (1), (2) 51,52
Shelters_____ _ _ __ ___ __ __ _ _ __ __ ___ 38a
39 By water____________________________ 62 72
Communications zone: Evacuation from_________________ 63 74 Evacuation to_ ____ ___ _ _ _ __ ___ ___ 39 41
•
Diagrams, figures 1, 2 _____________________________ _
Displacement of rear boundry line______ 40 41
GenerM_____________________________ 31-40 33 Handling during_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ 16d 20
AGO 1385C 107
Para·
P"ge
graph
Evacuation-Continued
Interrogation of POW during, figure L_ 16e 20
Principles oL_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 32 35
Procedures__________________________ 34 36
By foot__ _ _ ____ __ __ _ _ _ _ _ _ _ _ _ _ ___ 34e 36
By vehicle ____ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 34c 36
By wateL_______________________ 62 72
Death during___ ___ _ _ _ _ _ __ _ _ _ 62h 74
Sanitation____ ___ _ _ _ _ _ _ ___ ___ 62d 73
Segregation________________ 16c,62c 19,73
Issue of rations __ _ _ _ _ _ _ _ _ _ _ _ _ __ 34h, 62g 37, 74
Liaison during___________________ 34g 37
Rests during_____________________ 34f 37

Responsibility ___ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ 33 35
Schematic Diagram, figure ~________________________ _
Search______________________________ 16d 20
Speci8"1 prisoners of waL _ _ _ _ _ _ _ _ _ _ _ _ _ _ 34j 37
Speed_______________________________ 16b 19

Facilities, internment-____________________ 41-43 42
Fingerprint section:
Fingerprinting__ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ ___ _ 75a 83
Special instructions_______ " _ _ _ _____ _ _ _ 75b 83

Geneva Conventions _________________ 5-11, App.
3,88
Prisoners of war ___ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ 6

4
POW Information Bureaus____________ 9 9
CentraL_ __ _ _ _ __ __ ___ _ _ _ _ _ __ ___ _ 9c, 60

11,71
U. S. Enemy___ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 9b, 57 9, 65

Protected personnel:
Definition___ ___ ____ _ _ _ _ __ _ _ _ _ ___ 7a

6
Employment of specialist~_________ 7d 7
Identity cards, insignia_ __________ 7c 7
Rights_ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ 7c

Protecting powers____________________ 10 11

Protection of POW's, generaL _ _ _ _ _ _ _ _ _ 8 8

Welfare organizations:
ApprovaL_______________________ lIa 12
Red Cross__________________"_ _ _ _ _ lIb

12
Welfare activities___ _____________ lIe

,j
",
,.
108 AGO 1385C
Para-
Pagegraph
Guard company, military police___________ _
77-81 85 Identification:
Of dead____________________________ _
58e 66 Internment serial number ____________ _
15e 18
Service number_____________________ _
15c 18
Tags ______________________________ _
26e 29
Information Bureau, POW: CentraL ____________________________ ge, 60 11,71 Function oL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 9b 9
U. S. Enemy__________________ 9b, 57, 60, 76c9, 65, 71,
(1), App. 84,88 Injured and diseased prisoners __ _ _ _ _ _ _ _ _ _ _ _ 60 71 Instructions, special. (See Special instruc
tions.) Internment______________________________ 3b 2
Internment facilities: For infantry divisions_________________ 26b 28 Prisoner-of-war cages ________________ 41, 38a 42,39 Prisoner-of-war camps_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 43 44
Internment serial numbers ______________ 15e,45d 18,51 Intellectual activities_____________________ 53 62 Interrogation:
By intelligence officer ________________ _ 15b 17 By military police___________________ _
15b 17 By POW interrogation team (lPW)—-__ 18b 22 Coel'cion___________________________ _
8f 9 Diagram, evacuation and interrogationof POW, Figure L _______________________________ _ GeneraL_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 15 17
Identification information__ _ _ _ _ _ _ _ _ _ _ _ 15c 18 Importance______________________ c _ __ 15a 17 Phases_ __ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 17 20 1 Principles_ _____ __ _ _ _ _ _ _ _ _ __ __ _ _ __ __ _ 16 19 Skill in __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 16e 20
Judicial proceedings:
Conditions of triaL__________________ _

14a 16 Notification of protecting power _______ _ 14b 16 Penal and disciplinary sanctions ______ _ He 17
AGO 1385C 109
Para· graph Page
JUdicial proceedings-Continued
Sentence:AppeaL________________________ _ lDeath _________________________ _ 14d 14c 17 16
Labor, POW: Claims_____________________________ _ 60 71
Compensation ______________________ _ 59d 70
Injury while engaged in______________ _ 60 71
Organization for ____________________ _ 59a 67
Restrictions_ _____ _ _ __ __ __ _ _ _ _ __ _ _ ___ 59c 68
Supervisors_______ ____ __ _ _ _ _ _ _ _ _ _ _ ___ 59b 67
Treatment ___ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ 59c (3) 68
Litter cases, treatment___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 22b 26
Medical care. (See Sanitation and medical
care.)
Mail: Censorship _________________________ _ 51b 61
Chaplains, correspondence by_________ _ Limitations_________________________ _ Packages___________________________ _ 51e 51a 52 62 61 62
Postal rates ________________________ _ 51c 61
Privileges _________________________ 38g, 51a 40, 61
Military police guard company: AsBignmenL____ ________ _ _ __ __ _ _ ___ __ 78 85
Capabilities _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 79 86
Mission__ ______ _ _ __ _____ _ __ _ _ ___ ___ _ 78 85
Operation with:
Army or special corps_____________ 80 87
Logistical command_ ___ _ _ _ __ __ ___ 81 87
Organization_ ________ _ _ _ _ __ _ _ _ _ _ _ __ _ 77 85
Training for___ ~ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ App. 88
Types______________________________ 77 85 \.
Military police processing company;Assignment_____ _ _ ____________ _ _ _ ___ _ 66 76
Fingerprint section_________________ 75, App. 83,88
Firearms, carrying____ _ _ _ _ _ _ _ _ _ ___ _ _ _ 70 78
Mission______________ _ _ ____ _ _ _ _ _ _ ___ 65 75

11 ci AGO 1385C
ParaPagegraph
Military police processing company-Continued
Operations:

Company___________________ 45d (3), 67
53, 76 Platoon_________________________ 71 78 Receiving section_ ____ _ _ _ _ _ _ _ _ ___ 72
79
Organization_ _ _ _ _____ __ _ _ ____ ___ ____ 64
75 Photographic section_______________ 74, App. 81, 88 Platoon, figure 9 ____________________ 67b,71
76,78 Processing section __________________ 73, App.
81,88 Receiving section __________________ 72, App.
79,88 Record section_____________________ 76, App.
84,88 Disposition of forms_ _ _ _ __ _ _ _ _ _ _ _ _ 76c 84 Function_____ __ ___ ____ ___ _ _ _ _ ___ 76b
84
PersonneL _____________________ _
76a 84
Signs, use __________________________ _ 69 78
Training___________________________ _
App. 88 Treatment of prisoners _______________ _ 68 78 Utilization of POW__________________ _
71 78 Mixed Medical Commissioll______________ _
56b 65
Officer prisoners: Orderlies____________________________ 55b 65 Privileges_ _ ________ ___ _ _ _ _ _ _ _ _ _ __ ___ 55a
64 Organizatioml, welfare_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 11
12
Pay and allowances:
Advance oL _______________________ ._ 50b
59 Foreign money, disposition_ _ _ _ _ _ _ _ _ _ _ _ 50a 59 Payments__ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 50e
60 POW account_ _____ __ __ ___ ___ __ _____ 50d
60 Remittances____ ____ __ __ _ _ _ ____ _ _ ____ 50e
60 Retention__ ____ _ _ _ __ _ _ _ __ _ _ ___ _ _ _ ___ 50a
59 Working rate of pay__________________ 50c 60 r Personal effects:
Classes_ _ ________ _ _ __ __ _ _ _ ___ ____ ___ 21b
24 Confiscation________________________ 21b (4)
24 Deceased enemy __ _____ _ __ _ _ _ _ _ _ _ _ ___ 48b
58 Disposition_______ _____ _ __ _ _ _ _ _______ 48a
57 Receipting for ____________ ———21a,48a 24,57 Safeguarding________________________ 21a 24 Storing_____________________________ 48a 57
AGO 1885C 111
Para-Pagegraph
Personnel, protected_____________________ _
7 6 Photographic section:
Camera group______________________ _
74c 82
Functioning________________________ _
74a 82 Identification board group ___________ _ 74b 82 Special instructions__________________ _ 74d 83
Physical activities_______________________ _
53 62 Prisoner of war:
Activities __________________________ _
52, 53 62 Cage, Figure 3______________________ _
38,41 39,42 Camps, Figures 6, 7, 8_______________ _ 43 44 Branch Tent: For 250 enlisted men, Figure 4 _____________ _
For 1,000 enlisted men, Figure 5 _____________ _
For 1,800 enlisted men, Figure 6_____________ _
Capture_____________________________ ,18-24 22

Collecting points_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ 18b, 25-30 22, 28
Correspondence card _________ .. __ _____ 51a 61
Death of. (See Death of POW.)
Definition__________________________ _

o 4
Escorts ____________________________ _
24 27 Information Bureaus __________ ~ _ _ _ _ _ _ 9 9 Interrogation ____________________ 15-17,38h 17,40 Judicial proceeding~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 14 16 Labor: Compensation_ ___ _ _ __ _ _ __ _ _ __ ___ 59d 70
General_________________________ 59a 67 Injury while engaged iII.__ _ _ _ _ _ _ _ _ 60 71 Restrictions_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 59c
68 Supervisors_____ __ __ _ _ __ _ _ _ __ ____ 59b 67 Litter cases______ ___ _ _ __ _ _ __ __ _ _ _ _ ___ 22b
26
Movement to division collecting point.. _ 23 26 Officer prisoner~_____ __ _ _ __ __ _ _ _ __ ____ 55 64 Orderlies_______ ___ ___ _ _ _ _ _ _ _ _ _ _ _ _ __ _ 55b
64 Organization oL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 45e
53 Proceedings, judicial. __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 14 16
Processing company_____________ (;4 -70, App. 75, 88 Processing platoon, Figure 9__________ 67b,71 76, 78 Processing section____ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ 73 81 Protection_____ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ 8
8
112 AGO 1385C
Para
Palle
Ilraph
Prisoper of war-Continued
Relief shipments_ _____ _ _ _ _ __ _ _ _ _ _ _ _ _ _ 52
62 Representative______________________ 42, 45/
43, 53
Search oL____ _ ____ _ _ _ _ _ __ ___ ___ 18a, 19, 38c
22,23,
39
Segregation_____ ___ _ _ _ _ _ _ _ _ 16c, 22, 43e, I, 62c 19,26,
45, 73

Treatroent __________________________ 3d, 8b
2,8 Weapons, use of against_______________ 12e 14 Processing_____________________________ 38, 45d
39,51 Processing coropanies ______________ 64-76, Aup. I 75, 88 Processing platoon, Figure 9______________ 67b,71 76,78 Processing section:
Interpreters __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ 73a
81 Questioning of prisoners_ ___ _ _____ _ _ __ _ 73b 81 Special instructions______________ _____ 73c 81 Processing stations_ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 41b 42 Property register__ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ ___ _ _ 72a (2) 80 Retained personneL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7
6 Protecting powers_______________________ 10,14b
11,16 Protection of POW____________ __ ____ __ ___ 8
8 Punishment. (See discipline.) Rations_________________________ 26d, 34h, 47b, 61a 29,37 51,71 Receiving section:
Operation_ ___ _____ _ _ _ _ _ ___ _ _ _ _ _ _ ___ _ 72a
79 Special instructions___________________ 72b 80 Record _______________________________ 26/, 15c
30, 51 Office_______________________________ 3a 2
Section: Disposition of forms_ _ _ _ _ _ _ _ _ _ _ _ _ _ 76c 84 Function_________ ____ __ __ _ _ __ ___ 76b
84 PersonneL _ ____ ___ ____ _ ______ ___ 76a
84 Special instructions ____ _ _ _ _ _ _ _ _ __ _ 76d 85 Red Cross_____________________________ llb,56b 12,65 Relief shiproents____ __ _ _ __ __ _ _ _ _ __ _ _ __ ___ 52
62
I
Repatriation:
Responsibility ____ __ __ __ __ __ _ _ __ _ _ _ __ 3
2 Sick and woundcd____________________ 56 64
AGO 1385C 113
ParaPage
(lTaph
Responsibility:
Air Force_________________~_ ______ _ _ l8c
22 Army________________________ 3, l8c, 59c (3)
2,22,68 Command___________________________ 45b 58 Command and st.aff_ __ _ __ _ _ __ ___ __ ___ 4
2 Evacuation_____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 33
35
Guarding_ _ _ _ _ _ __ __ ____ _ _ __ ____ _ ____ 26c
29 Navy_______________________________ l8c 22 Repatriation _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3
2 Retained personneL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ 7
6
Sanctions, disciplinary____________________ 13 14
Sanitation and medical care: Facilities required__________________ 38d,49b 39,58 Injury or disease acquired while working_ 60 71
11easures__ ________________________ 49a 58 o
On ship__ ___ _ _ _ _ _ __ _ _ _ _ __ __ _ _ __ __ __ _ 62d 73. Responsibility _ _ ____ __ _ _ _ _ _ _ __ __ _____ .49c 59 Search_____________________ 16a, 18a, 19, 38c, 62c ·19,22,
23,39,73 Segregation: Influential prisoners__________________ l6c 19 Litter cases_____ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ ____ 22c
26 Nonwounded and walking wounded____ 22a 26 On ship_____________________________ 62c 73
Women___________________________ 8c, e, 43e
8,45 Serial numbers, internmenL _____________ l5c,45d 18,51 Sick and wounded, repatriation____________ 56 64
Signs, use _______ 69
~_______________________
78
Special instructions: Fingerprint section_ _ _ _ __ _ _ __ __ __ __ ___ 75b
83 Photographic section_________________ 74d 82 Processing section___ __ _ _ _ _ _ _ _ _ _____ __ 73c
81 Receiving section_ __ _ _ _ ______________ 72b \
80 Record section_______________________ 76d 85 Special register______________________ 24, 72a (2)
27,80 Specialists, employment___________________ 711 7 Staff responsibility_ _ ____ ____ __ ____ _ _ _ _ ___ 4
2 Stations, processing______________________ 41 42
114 AGO 1385C
ParaPage
graph
Supplies and equipment:
Canteens___________________________ _
47d 57
Clothing___________________________ _
47a 56
Miscellaneous_______________________ _
47e 57
Rations____________________________ _
47b 57 Tags, identification__ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 26e 29 Tent camp, branch, Figures 4, 5, 6______________________ _
Training:
AdditionaL ________________________ _
Allotment of training time ___________ _ Considerations______________________ _ General____________________________ _
Minimum training schedule __________ _ Purpose____________________________ _ Standards to be obtained_____________ _ Technical training objectiyes _________ _ Tra.nsfer of POW_______________________ _ Treatment of POW_________ .____________ _
Weapons, use___ ___ _ _ __ ____ _ _______ __ ____ Welfare orga.nizations_____________________
App. 88 App. 88 App. 88 App. 88 App. 88 App. 88 App. 88 App. 88 61 71 3d, 8b 2, 8 12e 14
11 12
Women ______________________________ 8e, e, 43d 8,45
o
AGO 1385C
BLANK PAGE

FM 29-40
DEPARTMENT OF THE ARMY FiElD MANUAL

u..-~~
~"''''; 1.A1. \ r4 ;#t'! '".l. ,..
~ \ .. ~ J'1"'iJ
HANDLING
PRISONERS
OF WAR

ADVANCE COPY
DEPARTMENT OF THE ARMY • NOVEMBER 1952

AOO 18~
U.S. ARMY JAG SCHOOL LIBRARY
BLANK SPACE
Colonel Howard S. Levie
Collection

THE JUDGE ADVOCATE GENERAL'S LEGAL CENTER AND SCHOOL LOGO
The Judge Advocate General's
Legal Center and School
United States Army
Charlottesville, Virginia

Department of the navy manual opnav p22 -1115

DEPARTMENT OF THE ARMY FIELD MANUAL FM 27 -5
DEPARTMENT OF THE NAVY MANUAL OPNAV P22 -1115

This manual supersedes War Departmfflt Fidd Manual 27-5 and Nao'Y D<partment OpNa. 50E-3, 22 Du<mber 1943
UNITED STATES ARMY AND NAVY
MANUAL OF
CIVIL AFFAIRS
MILITARY
GOVERNMENT

LOGOS OF USA WAR OFFICE AND USA NAVY DEPARTMENT
DEPARTMENTS OF THE ARMY AND NAry • OCTOBER 1947
For sale by the Superintendent of Doc.Jments, U. S. Government Printing Office,
Washington 25, D. C. • Price 20 cents
PROPERTY OF U.S. AAMY THE JUDGE ADVOCATE GENERAL'S SCHOOL LIBRARY
DEPARTMENTS OF THE ARMY AND NAVY Washington 25, D., C., 14 October 1947 Department of the Army FM 27-5 and Department ofthe Navy OpNav P22-1115, United States Army and Navy Manual of Civil Affairs/Military Government, is published for the information and guidance of all concerned. [AG 300.7 (20 Aug 47)]
DWIGHT D. EISENHOWER
Ohief of Staff United States Army
OFFICIAL:
EDWARD F. WITSELL
Major General
The Adjutant General

C. W. NIMITZ,
Ohief of Naval Operations United States Navy
OFFICIAL:
J. L. McCRAE
Vice Admiral,
Deputy Ohief, Naval Operations
(Administmtion)

ARMY DISTRIBUTION:
WDGS Divs (10) ; WDSS Divs (10) ; AAF (25) ; AGF (25) ; T (25) ; Dept (10) ; Base Comd (5) ; Def Comd (10) ; AAF Maj Comd (10) ; Arm & Sv Bd (1) ; Adm Sv (5); Tech Sv (10) ; Gen & Sp Sv Sch (10) ; USMA (10); ROTC Sch Sr Div (1) ; ZI and overseas: A (25) ; CHQ (10) ; D (10) ; B (5) ; R (3) ; AF (25) ; W (5) ; G (3) ; Overseas only: Bn (2); C (1); S (2); Special distribution.
For explanation of distribution formula, see TM 38-405.
"'1.,.: •.•••
CONTENTS

Paragraphs Page
SECTION I-GENERAL…………………….. 1-9 1

II.
CA/MG RESPONSIBILITIES AND FUNC.

,
TlONS ………… _…. __,…… _.. 10-12 17

III.
ORGANIZATION AND OPERA.
TIONS…….. __……………… 13-20 31

IV.
PERSONNEL. ……. _' ……….. _… 21-23 45

V.
PLANS AND ORDERS…………… 24-27 50

VI-PROCLAMATIONS, ORDINANCES,
ORDERS, AND INSTRUCTIONS. __ .. 28-30 56

VII.
MILITARY TRIBUNALS………….. 31-32 63

INDEX . ……………………….__ ………… _. . . 69

III
BLANK PAGE
This manual supersedes War Department Field Manual 27-5 and Navy Department OpNav 50E-3, 22 December 1943

SECTION I
GENERAL

. 1. PURPOSE, SCOPE, AND DEFINITIONS. a. Purpose and scope. (1) Military necessity requires in the conduct of operations, as well as in the fulfillment of obligations imposed upon invading forces under internationallaw, that such forces institute control of civilian affairs by military government or otherwise in the occupied or liberated areas.
(2)
This manual states the principles to be followed by the Department of the Army, the Department of the Navy, and their subordinate agencies in planning and exercising control of civilian affairs by military government or otherwise in territory occupied or liberated by the forces of the United States. It is for the use of the Army and Navy, whether they are acting alone, jointly, or in concert with forces of allied countries. Such terms as "commanding officer," "military," and "forces" have reference to either or both branches of the service.

(3)
The principles laid down in this manual will be followed in all planning by the Departments of the Army and Navy and their subordinate agencies, unless otherwise directed. As tq minor policies and details of execution, responsible commanders are permitted to depart from the directions herein so far as may be neces

sary to permit the plan of military government in any area to conform to and to be integrated with the plan ,of military operations.
(4)
War Department Field'Manual 27-10 (Rules of Land Warfare) sets forth the restraints upon the discretion of the theater commander and subordinate commanders, when dealing with persons and property in occupied and liberated areas, and their obligations under international law.

(5)
This manual is intended for the use of the following categories of Army and Navy personnel:

(
a) Responsible commanders, for an understanding of their responsibilities, duties, and scope of authority.

(b)
Staff officers, for planning, training, indoctrination, and operation.

(
c) Commanding officers or officers in charge, as an operational guide.

(d)
Instructors and training officers, as a text for use in schools, unit training programs, and in the indoctrination of personnel.

b.
Definitions. (1) Oivil affair8/military government (OAIMG). CA/MG encompasses all powers exercised and responsibilities assumed by the military commander in an occupied or liberated area with respect to the lands, properties, and inhabitants thereof, whether such administration be in enemy, allied, or domestic territory. The type of occupation, whether CA or MG, is determined by the highest policy making authority. Normally, the type of occupation is dependent upon the degree of control exercised by the responsible military commander.

(2)
lIfilitary government. The term "military government" as used in this manual is limited to aIld de

fined as the supreme authority exercised by an armed occupying force over the lands, properties, and inhabitants of an enemy, allied, or domestic territory. Military government is exercised when an armed force has occupied such territory, whether by force or agreement, and has substituted its authority for that of the sovereign or previous government. The right of control passes to the occupying force limited only by the rules of international law and established customs of war.
(3)
Oivil affairs. The term "civil affairs" as used in this manual is defined as the assumption by the responsible commander of an armed occupying force of a degree of authority less than the supreme authority assumed under milit.ary government, over enemy, allied, or domestic territory. The indigenous governments would be recognized by treaty, agreement, or otherwise as having certain authority independent of the military commander.

(4)
Occupied territory. The term "occupied territory" as used in this manual means any area in which CAjMG is exercised by an armed occupying force. It does not include territory in which an armed force is located but has not assumed authority.

(5)
Liberated territory. The term "liberated territory" as used in this manual denotes a specific form of occupied territory, and is defined as allied or domestic territory which has been recovered by action of an armed occupying force from enemy occupation or from rebels treated as belligerents.

2. AUTHORITY FOR ESTABLISHMENT. The rules of international law and the established customs of war provide the authority for the control by CAjMG and
. , .
such control must be exercised in accordance therewith. The exercise of such control is assumed by the occupation of an area by force or ,agreement. The important rules of land warfare which govern the Armed Forces of the United States are set forth in War Department Field Manual 27-10 and Technical Manual 27-251.
3.
COMMAND RESPONSIBILITY. The theater commander bears full responsibility for CAjMG; therefore, he is usually designated as military governor or civil affairs administrator, but is authorized to delegate his authority and title, in whole or in part, to a subordinate commander. In occupied territory the commander, by virtue of his position, has supreme legislative, executive, and judicial authority, limited only by the laws and customs of war and by directives from higher authority.

4.
REASON FOR ESTABLISHMENT. a. Reasons for the establishment of CA/MG are either military necessity as a right, or as an obligation under international law.

b.
Since the military occupation of enemy territory suspends the operation of the government of the occupied territory, the obligation arises under internationallaw for the occupying force to exercise the functions of civil government looking toward the restoration and maintenance of public order. These functions are exercised by CA/MG. An armed force in territory other than that of an enemy similarly has the duty of establishing CA/MG when the government of such territory is absent or unable to function properly.

c.
CA/MG is not confined to a belligerent occupation. Under international law and the United States Constitution it is recognized that military necessity may ryquire the establishment of CA/MG in the follow

ing cases with or without consent of the existing or prior government in the territory concerned:
(1)
Allied or domestic territory which has been dominated, occupied, or is threatened by an enemy.

(2)
Domestic territory recovered from rebels treated as belligerents.

5. PURPOSES. a. The purposes of CAjMG are as follows:
(1)
To assist the military operations.

(2)
To further national policies.

(3)
To fulfill the obligation of the occupying force under international law.

b.
Assistance to military operations is rendered by

(1)
Maintaining order.

(2)
Promoting the security of the occupying forces.

(3)
Preventing interference with military operations.

(4)
Reducing active and passive sabotage.

(5)
Releasing combat troops from civil administration.

(6)
Mobilizing local resources in aid of military objectives.

(7)
Preventing epidemics.

6. DEGREE OF CONTROL EXERCISED BY OCCUPYING FORCE. Initially in an enemy territory strict control is necessary if the objectives of military government are to be achieved. In allied or domestic territory, cooperation from the officials and inhabitants thereof will permit greater latitude for action by local officials acting under broad policies and general supervision of the occupying forces in pending or future operations. As
762054'–47—-2
conditions in an occupied territory approach normal, the control exercised by CAjMG may be relaxed. The supervision of the occupying ,force may become less direct and supreme authority may finally be released to a recognized power. Under CAjMG the degree of control exercised by the occupying force may vary according to the following:
o.
Future military operations.

b.
Current military, political, economic, social, and other pertinent factors.

c.
Prior agreements between the government of the occupying forces and the government of the territory occupied.

7. RECIPROCAL RESPONSIBILITIES OF OCCUPYING FORCE AND INHABITANTS O.F OCCUPIED TERRITORY.
o. The occupant has the right to demand and enforce from the inhabitants of the occupied area such obedience as may be necessary to effect the following:
(1)
The security of his forces, and accomplishment of the objectives of war as limited by international law and established custom.

(2)
The maintenance of law and order.

(3)
The reasonable administration of the area.

b.
In return for such obedience the inhabitants shall be granted freedom from all unnecessary or unwarranted interference with their individual liberty and property rights.

8. PERIOD OF CONTROL. o. The period of time during which CAjMG control is maintained will vary, depending on the following:
(1)
Continuance of military operations.

(2)
The use of the area as a base for future operations.

(3)
Status of the territory as to its belligerency.

(4)
The degree of cooperation of the inhabitants.

(5)
Policy regarding the future status of the occupied territory.

(6)
Other military, political, economic, and social considera tions.

b.
As long as military operations continue, some degree of control will be necessary. CA/MG may extend beyond such operations until it achieves the over-all objectives toward which the operations are directed.

9. MISSION, PRINCIPLES, AND POLICIES. o. Mission.
The mission of CA/MG personnel is
(1)
To assist military operations (primary mission during combat).

(2)
To assist the commander of the occupying force in fulfilling the obligations, imposed upon him under international law and the customs of warfare, to the civilian population.

(3)
To further national policies (primary mission after combat is over) .

b.
Principles. (1) Military neoessity. Military necessity is the primary underlying principle in the conduct of CA/MG. The prosecution of a military operation to a successful conclusion is the primary consideration. It is the duty of a commanding officer to exercise the necessary control and to take the necessary steps in relation to the civilian population which will attain the paramount objective.

(2)
Supremacy of oommanding offioer. The basic principle of military necessity requires that the theater commander must always have full responsibility for CA/MG.

(3)
Scope of activities of OAIMG personnel. Whereas tactical personnel are primarily concerned in combat operations, CA/MG personnel are primarily concerned in handling civilian' relationships in order to further the attainment of the mission. Close adherence to this principle in the organization and assignment of duties result in the greatest economy of personnel. CA/MG personnel will use and coordinate and will not parallel or duplicate the capabilities and special skills of the administrative and technical serVIces.

(4)
FlewibiZity of plan. Since the conditions under which CA/MG operate will vary widely in a gi"\(en area as well as between different areas, flexibility of action must be provided by the preparation of alternate plans in order to meet the rapid changes and alterations which may occur.

(5)
Oontinuity of plan and personnel. CA/MG must be planned and conducted to provide for a continuity of policy and efficient utilization of personnel. Frequent changes in policies and procedures reduce the effectiveness and prestige of the administration, while inefficient use of personnel deprives the occupying forces of the services of personnel who may be used elsewl,lere. Itis essential that directives as to such policies and procedures be transmitted to responsible echelons in time to allow for planning and promulgation.

c.
Policies. (1) Treatment of population. (a) Internationallaw requires, and military necessity dictates, just and reasonable treatment of the inhabitants of the area in which the occupying force operates in order to minimize their belligerency and obtain their cooperation. The cooperation of the inhabitants, where it can

be secured without endangering the success or ultimate fulfillment of military objectives or international policies, is of direct advantage to the occupying' forces in maintaining public order and accomplishing the objectives of CA/MG, thus furthering the military objectives, For humane reasons the welfare of the inhabitants should be maintained and safeguarded as far as military requirements permit, but the primary purposes of such treatment are to facilitate the military operations and to meet the obligations imposed by international law .
. Such treatment will directly assist the occupying forces in establishing and maintaining law and order and procuring labor, services, and supplies, but should not prevent the imposition of the restrictive or punitive measures necessary to accomplish the mission assigned.
(b) The treatment accorded the population will vary depending upon the attitude of the people toward the occupying force, their degree of cooperation, the degree of their economic, political and social development, and the political and military policy of the government of the occupying force, In order that CA/MG may be carried out in the light of the local situation and its requirements, CA/MG personnel should be fully informeu concerning the local population, their customs, institutions, and attitudes. In determing the treatment of the civilian population the following should be considered:
1.    Less restrictive measures will be necessary in dealing with nationals of friendly countries than when dealing with nationals of enemy countries.
13.    Under military government the taking of hostages, the imposition of collective fines, or the carrying out of reprisals may in some instances become a military necessity. Such measures should be ,taken only as a last resort and then only in order to force a hostile population to desist from unlawful practices. Careful consideration should be given to determine whether such acts will serve as a deterrent or whether they might aggravate an existing difficult situation, as such steps, when taken, indicate a weakness of the occupying force and inability to con
trol the civilian population.
3.    If necessary, force may be used to subdue resistance to the authority of CA/MG or to prevent escape of prisoners or persons suspected of crime. Persons accused of a crime will be given a fair trial before imposition of punishment. Sentences of military courts will be proportionate to the offense and the need for a deterrent effect; however, maximum punishment will not be awarded automatically. The customs and habits of the population and the types of punishment which have been found to be most effective in that particular locality will determine the nature of the sentence to be imposed and the manner of execution, that is, whether private or public.
(2) Retention of existing laws, customs, and political subdivisions. Except where they conflict with the aims of military government or are inimical to its best interests, and to avoid confusion and promote simplicity of administration, local laws, customs, and institutions of
,
government will be retained. For similar reasons it is advisable wherever possible to retain existing political territorial divisions and subdivisions.
(3)
Retention of local government departments and officials. (a) The military governor, or civil affairs administrator, may temporarily discontinue or suspend offices and departments which are unnecessary or detrimental to CA/MG.

(b)
In the case of military government, since supreme legislative power is vested in the military governor, existing legislative bodies will usually be suspended.

(c)
In the case of military government, high-ranking political officers and other administrators will usually be removed from office. Such removal will include the nominal and actual heads of the national government, cabinet ministers, and heads of the principal political divisions. No permanent appointments to such positions will be made by the military governor without approval of higher authority because of the political implications of such appointments. Government officials who are members of unfriendly partisan organizations will ordinarily be removed from office as will other officials who are considered to be unreliable or untrustworthy. Wilful failure of those officials who have bBen retained in office to perform their duties satisfactorily will be regarded as basis for removal from office.

(d)
Subordinate officials and employees of the local government will usually be retained in their respective offices and will be responsible for the satisfactory discharge of their duties subject to the direction and supervision of the CAIMG personnel.

(e)
In some areas, because of the domination of foreign power, the indigenous civilian population may have

had a very limited participation in the government. The local civil officials may have fled upon invasion, or if they have remained, it may be inexpedient or unsafe to continue them in office; therefore, it may be necessary for CAjMG officials to train local personnel to assume the responsibilities and duties of the offices which have been vacated.
(f)
CA/MG personnel will, as far as practicable, deal with the civilian population of the occupied territory through these officials and employees who are retained or appointed. Upon removal of an official, a replacement will be made from among the inhabitants who by training and experience are best qualified to assume the duties of the office vacated. In the selection of officials, care and consideration will be given to their reliability, their willingness to cooperate with CAlMG, their positions in the community, as well as their other qualifications for the position. Except in unusual circumstances, appointments from a political faction or clique, regardless of their frendly sentiments or attitude, will be avoided. CA/MG personnel will, if possible, confine themsel ves to supervision and will a void assum ption of the duties as operating head of a political subdivision or a department of government.

(g)
Except upon direction from higher authority, the existence of local political personalities or organized political groups will not influence CA/MG policies nor will CA/MG personnel make any commitments to or negotiations with any local political elements.

(h)
Persons who continue in or are assigned to local public office may be accused of disloyalty because of cooperation with occupation forces by hostile inhabitants of the area, and their persons and property may be

threatened or endangered. ·Where necessary, protection will be provided to such threatened persons and their families by the CA/MG.
(4) Political pri8oner8. Persons imprisoned by the previous government for political or racial reasons will be released only after investigation. They will be warned that political activity on their part inimical to the policies of CA/MG will not be tolerated. Plans should be drawn for the housing, care, processing, as well as for the :r:epatriation of such released persons.
(5) Economic policy in relation to oC<J'/1!pied areas.
(a) The basic economic policy of the United States CA/MGis
1.    To revive and stimulate the economy in the area in order to reduce to a minimum the needs of the occupied area for United States and allied assistance.
13.    To develop the area as a source of supply for further operations; and to use available goods and services for the satisfaction of immediate military and civilian needs.
3.    To augment the economic rehabilitation to the extent necessary to accomplish the objectives of the occupation.
(b) To accomplish the objectives stated in (a) above, the following will be necessary:
1.    Equitable distribution of food, fuel, medicine, and clothing.
13.    Reestablishment and control of the essential industries, public utilities, transportation, communications, and trade.
3.
Institution of control over prices, the domestic flow of goods, imports and exports, money and banking.

4.
Institution or continuance of a rationing system and other forms of control to suppress black-market activities.

762054°-47–3
(0) Decisions must be made as to what types of economic activity are most important and surveys will be made to determine what usable facilities and undeveloped resources are available. Normally plans will be made for the rehabilitation of agencies for the resumption of essential output in agriculture, manufacturing, mining, forestry, fishing, and in the service trades. In order to accomplish the above it may be necessary to do the following:
1.
Provide agriculture and industry with essential equipment and materials from domestic sources or through imports.

2.
Establish labor pools to provide the labor supply required for army and civilian activities.

3.
Assure regular and adequate hours of work.

4.
Control labor organizations and prevent wage IncreaEies.

5.
Establish priorities for the use of scarce iteD;ls and allocate material for specific uses.

6.
Supervise and in some cases assist in the management of industries.

(6)
Health of inhabitants of oocupied area. Safeguarding and improving the health of the civilian population in an occupied area is necessary, not only for humanitarian reasons, but to protect the health of the occupying troops; therefore, through use of indigenous resources and personnel to the fullest extent possible, the following steps must be taken:

(a)
The dead must be buried.

(b)
Garbage and refu~e collection must be organized and sewage disposed of.

(d)
Food inspection must be established.

(e)
Malaria and insect control must be instituted and other necessary steps taken to prevent the spread of disease.

(f)
Necessary medical care must be provided for the civilian population.

(7) Respect for religious customs and organizations.
International law requires that religious convictions and practices be respected. Consequently, places of religious worship will not be closed unless necessary as a security or sanitary measure or unless there is evidence that an undesirable nationalistic or political ideology is being practiced under the guide of religion. However, the practice of any customs or the observance of any traditions which do not violate civilized concepts may be permitted.
(8)
DiscTi1J~inatory laws. Discriminatory laws based on race, color, creed, or political convictions will be repealed as soon as the situation permits.

(9)
Freedom of speech and pTess. To the extent that military interests are not prejudiced, freedom of speech and press will be instituted and maintained.

(10)
Protection of aJi'chives amd recOTds. Since archives and records, both current and historical, of all branches of govermnent of the occupied area are of immediate and continuing use to CA/MG, it is essential to seize and protect them.

(11) Seizure and protection of mail and documents.
Since mail and documents found in post offices and
lS
other central communication centers is a source of valuable intelligence information to the occupying forces, such mail and documents will be seized and protected and immediately made available to the intelligence agencIes.
(12) Protection of shrines and works of art. Except where military necessity makes it impossible, historical and cultural monuments, works of art, and religious shrines will be preserved.

SECTION II
CA/MG RESPONSIBILITIES AND FUNCTIONS

10. RESPONSIBILITY OF ARMY AND/OR NAVY IN OCCUPIED AREAS. Depending upon the nature of the operation, responsibility of the Army or Navy for the control of CA/MG in ocupied areas will be determined by the Joint Chiefs of Staff of the United States Army and Navy or by the Combined Chiefs of Staff of the United States and its Allies. In general, it is expected that the responsibility in continental areas will be delegated to the Arm, while control of CA/MG in small island areas and in some ports will be delegated to the Navy. CA/MG staff sections or units may be composed of naval and/or army personnel, and staff sections may be assigned to staffs of Army or Navy.
11. PROBABLE POLITICAL, ECONOMIC, AND SOCIAL CONDITIONS EXISTING IN OCCUPIED AREAS. CA/MG
personnel will probably encounter one or more of the following conditions existing in the occupied areas affecting their functional responsibilities:
a. Political conditions. (1) Civil administration may have broken down either wholly or in part and responsible officials may have fled or have been deposed; or, if still holding office, may be unreliable.
(2)
The local public safety agencies may have been disorganized, resulting in rioting, looting, property damage, and other forms of civil disturbance.

b.
Economic conditions. (1) The economic life of the area may hav~ been reshaped to a "new order" or disrupted by a "scorched earth': policy of a retreating enemy.

(2)
Agricultural and industrial activities may be paralyzed or disrupted resulting in a serious shortage of foodstuffs and other essentials as well as the means of transport thereof.

(3)
A large number of people, if not the entire population of the area, may be without adequate food or shelter and great numbers may be unemployed or without any means of support.

c.
Social conditions. (1) The enemy may have imported forced laborers from foreign areas who will seek repatriation. There may also be displaced persons whom it may be advisable to repatriate.

(2)
Public and private welfare institutions may have been wholly or partially destroyed.

(3)
The water supply may be disrupted or polluted.

(4)
The injured and wounded civilians may have received little or no attention and the dead may not have been buried. Medical supplies may be scarce and the health and morale of the population undermined. There may be few facilities available to aid in the prevention of the spread of diseases.

(5)
There may be a scarcity of professional personnel such as doctors, lawyers, engineers, and other specialists.

12. FUNCTIONS. The primary functions of CA/MG personnel during hostilities is to further the mission of combat forces in every way possible, such as by administration of the civilian population so as to prevent interference with military operations, and by reconstruction of civilian administration and the economy so that local resources in manpower and essential materials may be utilized to further the military operations. The duties ofCAjMG personnel will involve a variety of activities since the responsibility of the commanding officer may range from controlling a few simple functions of government in a small, isolated, rural region or primitive island, to controlling the many and complicated functions of government in a large, densely populated, industralized continental area. CAJMG personnel are charged with performing or supervising the following functions in their respective areas:
a. Maintenance of law and order. CA/MG personnel are charged with the reestablishment and maintenance of law and order and the security of persons and property in their areas. To accomplish this they will
(1)
Prepare, issue, and enforce the necessary proclamations and ordinances concerning the conduct of the inhabitants of the area among themselves and toward the occupying force.

(2)
Collect and take into custody all arms, ammunitions, explosives, and other implements of war.

(3)
Reestablish the police force and, if necessary, supplement it by military police, or shore patrol.

(
4) Establish procedures for the prevention, detection, and prosecution of crime.

(5)
Control the sale of liquor and narcotics.

(6)
Establish control of traffic.

(7)
Administer jails and prisons.

(8)
Reestablish the fire department, or establish a new one.

b. Participation in political government and administration. CAjMG personnel are charged with the su
pervision of and, in rare instances, the actual administration of the chief political offices of the government such as those of the chief exe~mtives, ministers, secretariats, and other high-ranking executive or administrative officials on the national, provincial, or municipal levels. Arrangements must be made for the screening and elimination of officials who do not meet the requirements established by the occupational directives.
c. Establishment of courts and administration of law.
CAjMG personnel are charged with the following:
(1)
Establishment and administration of military commissions, provost courts, and special military government courts, and their jurisdiction and procedure.

(2)
Supervision, control, or closing, if necessary, of local, criminal, and civil courts.

(3)
Supervision of members of the local. bar.

(4)
Decisions as to modifications or suspension of local criminal and civil laws.

(
5) General legal ad vice and assistance on all aspects of the occupation.

d.
Civilian protection. In order to relieve the occupying forces of as much responsibility as possible for the welfare of the civilians in the event of bombing, shell fire, or other military operations, CAjMG personnel are charged with the establishment, supervision, and strengthening of existing local organizations for civilian protection in order to provide for air-raid warning, black-out shelter, fire fighting, emergency medical care, evacuation, demolition, rehabilitation, and other acti vi ties.

e.
Civilian supply. CAjMG personnel are responsible for

(1)
Obtaining supplies for civilian relief such as food, clothing, shelter, and medical aid through accepted channels to

(
a) Meet minimum subsistence standards to prevent such widespread disease and unrest as would endanger the occupying force, and to meet the objectives of the occupation.

(b)
Preserve order among the inabitants to enable them to carryon with such agricultural, industrial, commercial, and other activities as may be of direct benefit to the occupying force.

(2)
Establishing local organizations for the administration and distribution of civilian relief supplies.

(3)
Providing other essential civilian goods which may be necessary to the reestablishment of law and order.

f.
Public health and sanitation. In order to improve or; preserve the state of public health and to protect the occupying forces, CA/MG personnel are charged with

(1)
Control, prevention, and treatment of disease.

(2)
Rehabilitation and supervision of hospitals.

(3)
Furnishing of medical and sanitary supplies.

(4)
Protection of food and water supplies.

(5)
Disposal of sewage and waste.

(6)
Arrangements for the treatment and evacuation of wounded civilians.

(7)
Promulgation of such other medical and sanitary measures as are deemed necessary.

g.
Civilian censorship. Censorship of civilian communications will normally be established in -the very earliest phases and may continue throughout the period

762054°–47—-4
of occupation in order to maintain military and civilian security and to obtain intelligence information. Therefore, its operation by CA/MG will require close liaison and cooperation with the military intelligence staff and other agencies from which censorship policies and directives emanate.
h. Civilian communications. CA/MG personnel will
(1)
Cooperate with signal or communication officers in the use of civilian communication systems by the occupying forces.

(2)
Assist the tactical troops and civilian agencies

in the reestablishment, control, and supervision of civilian communication facilities.
i. Civilian transportaton and other public utilities.
CA/MG personnel will
(1)
Cooperate with the appropriate arms and services in the reestablishment, control, and supervision of all transportation facilities and public utilities needed for military use.

(2)
Reestablish, control, and supervise all transportation facilities and other public utilities needed for essential civilian use.

j.
Port duties. CA/MG personnel will establish and maintain liaison with naval authorities afloat and ashore and will render assistance to port directors in

(1)
Control and movement of civilians within port areas, including those who live on houseboats and small harbor craft.

(2)
Procurement and control of necessary civilian labor for port activities.

(3)
Handling and routing of supplies ashore and inland.

k. Control of currency and banking. CA/MG personnel are charged with
(1)
Execution of policies concerning currency as fixed by higher authorities, such as the designation of the types of currency to be used and the rates of exchange.

(2)
Supervision of the issue and the use of all types of money and credit, and establishment of proper controls over use of military and indigenous currencies used by occupation forces.

(3)
Provision of currency required for use by the occupation forces.

(4)
Prevention of financial transactions with enemy occupied or enemy territory.

(5)
Control of foreign exchange transactions.

(6)
Declaration of debt moratoria.

(7)
Closing of banks if necessary.

(8)
Guarding of banks, bank funds, safe deposit boxes, securities, and records.

(9)
Providing interim banking and credit needs.

(10)
Liquidation, reorganization, and opening of banks at appropriate times.

(11)
Regulation and supervision of credit cooperatives and other financial agencies and organizations.

(12)
Making arrangements for the rapid reestablishment of pension payment facilities or other monetary services required to maintain normal living conditions in many foreign areas.

(13)
Establishment of appropriate procedures for recording costs of occupation and maintenance of such

(1)
Supervisions and audit of the budget, revenues, and expenditures.

(2)
Supervision of the collec~ion of taxes, fines, and assessments.

(3)
Handling of public funds, including revenues from government monopolies and levying of contributions, and the provision for necessary financial facilities for civil administration.

records.
I. Public finance. CA/MG personnel are oharged
with
23

m. Control of commodities, prices, and rationing. ' CA/MG personnel are charged with
(1)
Supervision and distribution of food and other supplies.

(2)
Establishment and control of prices, rationing, and other measures to prevent hoarding and blackmarket activities.

(3)
Regulation of exports and imports.

(4)
Allocation of imports for local distribution.

(
5) Control, under existing policies, of requisitions and purchases by the military from the local economy.

(6)
Establishment of policies for the rehabilitation
of the local economy.

n. Agriculture. CA/MG personnel are charged with
furthering maximum agricultural production through

(1) Establishment and administration of food pro
duction programs, reclamation and conservation of . lands.
(2)
Institution of policies for land reforms.

(3)
Improvement of agricultural methods.

o.
Industry and manufacture. CA/MG personnel
will develop and supervise essential industrial and man
ufacturing facilities to

(1)
Satisfy the immediate needs of the civilian population to prevent such widespread disease and unrest as would endanger the occupying force.

(2)
Further the military objectives of the occupying force.

(3)
Develop the production of goods for export to assist in defraying the cost of the occupation.

(4)
Further th@ long range United States and Allied economic and political policies.

p.
Commerce and trade. CA/MG personnel will take necessary steps to stimulate domestic trade to ensure normal distribution of essential civilian goods and thus further economic stabilization.

q. Labor relations. CA/MG personnel are charged with
(1)
Procurement of labor to assist the military forces.

(2)
Procurement of labor for rehabilitation and reconstruction in the occupied territory.

(3)
Cooperation with other arms and services in the establishment of a standard wage scale, a schedule of hours of work, and of a policy for the equitable distribution of available labor.

(4)
Supervision of labor organizations and the handling of labor relations problems, including provision for medical care and compensation in cases involving temporary disability.

r. Custody and administration of property. CA/MG personnel are initially charged with
(1)
Custody and administration of all property and enterprises owned wholly or in part by an enemy government, or by enemy nationals of countries other than that occupied.

(2)
Custody and administration of all property and enterprises owned wholly or in part by other governments, if taken over by the occupying forces.

(3)
Custody and administration of private property susceptible of direct military use and not in the custody of another branch of the armed forces.

(4)
Assisting in the formulation of policy for the requisition of private property for military use.

(5)
Assisting in the requisition of private property for military use under existing policies.

\
s. Information and intelligence. To maintain and improve relations between the occupying forces and the inhabitants of the occupied area, CAjMG personnel will interpret to the inhabitants thereof, the policies and purposes of the occupation through use of all media of information dissemination available, such as press, radio, and motion pictures.
t. Disposition, repatriation, or relocation of displaced persons and enemy nationals. CAjMG personnel are charged with the control, care, repatriation or other disposition of
(1)
Allied or neutral nationals.
. (2) Political prisoners and forced laborers.

(3)
Displaced persons, including demobilized members of the enemy armed forces and civilian nationals of enemy countries.

u.
Education. To develop democratic processes and principles, CAjMG personnel, through the integration of education with the social and political life of the area, are charged with

(1)
Opening of schools.

(2)
Supervision of the educational system.

(3)
Revision of textbooks.

26
(
4) Prevention-of subversive or· harmful instruction.

v.
Public welfare. CA/MG personnel are charged with

(1)
Assisting in the distribution of civilian relief supplies.

(2)
Supervision of public and private institutions for the care of the children, the poor, the physically and mentally handicapped, and the aged.

(3)
Reestablishment of local charitable and relief organizations to maintain the operati'on of such institutions.

w.
Records and reports. CA/MG personnel are charged with keeping full and complete records for the military commander in all fields of CA/MG. Such records are essential data for use at peace conferences, trials before claims commissions, investigative bodies, arid for historical purposes.

x.
Coordination with other staff sections. (1) Theater' of opemtions. Problems will arise which will require coordination between CA/MG officers and other sections of the staff whether the operations be unilateral, joint, or combined. Members of CA/MG staff sections must establish relations with the members of other staff sections concerning mutual problems, and develop standard operating procedures which will insure expeditious action in fields of interrelated interests and activities such as coordination and supervision with

(
a) The following general staff sections:

1.    {}-1. Procurement, classification, reclassification, assignment, pay, promotion, transfer, retirement, discharge, decorations, citations, honors, awards, leaves of absence, furloughs, rewards, and punishment of CAjMG personnel, internal arrangements of headquarters, personnel statistics, sanitation, burials.
93.    G-42. Collection and interchange of intelligence information relating to the enemy population; requisitions tor maps; regulation of censorship and other measures to preserve secrecy; counter-subversive activities.
3.
G-3. Training of troops in CA/MG activities; use of signal communications, movements of troops; areas of operation or occupation; coordination of tactical and CAjMG planning for current and future operations.

4.
0–4. Procurement of supplies in enemy territory; distribution of supplies to MG units; control and supervision of transportation and other utilities; evacuation and hospitalization; salvage; property and funds; procurement of shelter and facilities; employment of native labor; preparation of CAj MG annex to the administrative order; allocation of supplies for the use of civilians; integration of plans, including allocation of supplies for CAjMG.

(b) The following special staff sections and technical services:
1. Antiaircraft. Defense against air attack.
93. Ohemical. Collective protective measures and arrangements for proper training of personnel.
3.
Engineer. Construction and maintenance of roads, docks, and utilities, and distribution of maps.

4.
Headquarters commandant. Detail of orderlies and messengers. Messing and quartering of CA/MG office space.

5.
Provost marshal. Employment of military police on CA/MG duty. Control of conduct of troops in relation to civilian population and the control and supervision of civilian circulation.

6.
Signal. Use of military and commercial signal communications.

7.
Surrgeon. Health and sanitation, use of civilian hospitals for military purposes, allocation of medical supplies to the civilian population,' and care and evacuation of wounded civilians.

8.
AdjutCllnt general. Distribution of routine orders, classification, reclassification, assignment, promotion, transfer, replacement, discharge, decoration, citations, honors, awards, leaves of absence, and furlough. Supply of publications and operation of office procedure.

9.
Judge advocate. Review of the records of the trials of civilians by military commissions and special military government courts.

1,0. Quartermaster. Distribution of quartermaster equipment and supplies. Allocation, storing, and distribution of food and quartermaster supplies for the use of civilians.
762054°–47—-5
11.
Transportation. Use of transportation facilities by CAjMG personnel which is not organic equipment. ,

12.
Public relations. Press, radio, motion picture, and similar releases.

(2) Personal relations. Not only is it necessary for CAjMG personnel to know the functions of the various sections of the general and special staffs and the technical services, but it is desirable that they cultivate cordial personal relations with the officers thereof. Teamwork between staff sections and services is essential. It is assured not only by staff conferences but by individual personal contact.

SECTION III
ORGANIZATION AND OPERATIONS

13. GENERAL. a. In operations carried out by the comlDined forces of the United Stares and its Allies, the formulation of policies and plans for CA/MG is exercised under the direction of the governments concerned.
b.
In operations conducted jointly by the United States Army and ~avy, the planning and formulation of policies for CA/MG is carried out under the direction of the Joint Chiefs of Staff.

c.
Responsibility for Army or N ayy CAjMG operations is vested in and exercised by the commanding officer in a theater of operations.

14. DEPARTMENTS OF THE ARMY AND NAVY AND STATE DEPARTMENT ORGANIZATION. The military agencies designated by the Secretaries of the Army and the Navy to formulate CA/MG policies and plans are the Civil Affairs Division of the Department of the Army and the Office of Island Governments and the Office of Politico Military Affairs of the Department of the Navy. The civilian agency designated my the Secretary of State to formulate CA/MG policies is the Office of Occupied Areas of the Department of State.
a. Department of the Army organization. The Civil Affairs Division, Department of the Army Special Staff, is responsible for formulating policy, preparing plans, and taking action on CA/MG matters, including war crimes; and for insuring that the Secretary of the Army, the Chief of Staff, and interested divisions of the Department of the Army are pro12erly and promptly advised on these matters. In addition, the Civil Affairs Division, in coordination with other Department of the Army agencies or agencies of the Government and international or voluntary relief and welfare organizations, is responsible for
(1)
Formulating policy and preparing plans for the conduct of CAjMG'activities.

(2)
Expediting handling within the Department of the Army of theater CAjMG problems in occupied areas.

(3)
Collecting and distributing CA/MG information to appropriate agencies of the Government.

(4)
Providing representation on the

(a)
Joint Civil Affairs Committee of JCS.

(b)
Combined Civil Affairs Committee of CCS.

(
c) European and Far Eastern Subcommittees of SANACC.

(5)
Providing advice, guidance and assistance to the United States Representatives on FEC.

(6)
Formulating broad plans and policies for training CA/MG personnel, both military and civilian, and preparing informational documents, manuals, etc., to be used in the instruction and training of all personnel on the subject of CA/MG policies and procedure.

b.
Department of the Navy organization. The Office of Island Governments and the Office of Politico Military Affairs divisions of the Office of the Chief of Naval Operations are responsible for formulating broad policies and plans, drafting basic directives and regulations, and training personnel for CA/MG in areas

of paramount naval interest. They are also responsible for coordinating with the Department of the Army on matters of joint CAjMG interests. In addition, it insures that the Secretary of the Navy, the Chief of Naval Operations, Theater Commanders, interested bureaus, and other divisions of the Department of the Navy are properly and promptly advised with respect to these matters. The Office of the Island Governments and the Office of Politico Military Affairs maintains liaison for the Department of the Navy with other agencies of the government and civilian welfare or relief organizations and, in connection therewith, is responsible for
(1)
Formulating policy and preparing plans for the conduct of CAjMG activities.

(2)
Expediting the handling within the Department of the Navy of CAjMG matters.

(3)
Collecting and distributing CAjMG information to appropriate agencies.

c.
Department of State organization. The Assistant Secretary of State for Occupied Areas is directly responsible to the Secretary of State for the coordination of State Department policy with respect to all occupation matters. He shall

(1)
Be the State Department member of the State-Army-Navy-Air Force Coordinating Committee (SANACC) on all matters of occupation policy.

(2)
Refer to SANACC, or to any appropriate subcommittee thereof, such policy matters as may require concerted study, consideration, or action.

15. ORGANIZATION AND CONTROL IN THEATERS OF OPERATION. a. Organization. (1) In theaters of operation the composition of the staff organization for
CA/MG planning, operation, and control will provide for the carrying out of the normal functions of CA/MG as outlined in paragraph 12. ,
(2)
The size, organization, and scope of the activities of a given staff in an occupied area will be determined by certain factors, including the mission of the commander, the structure and condition of the government existing in the area, the character and attitude of the people and officials of such government, and the geographic, economic, and social" aspects of the area.

(3)
CA/MG staff functions are performed at all levels of command in theaters of operation. Within all echelons of command down to and including divisions there will be a staff section, which will be on a general staff level, to perform these functions. There may be a military situation not requiring the performance of CA/MG functions as far down as the division level. The various administrative and technical services will be required to extend their functions to include support of CA/MG activities.

b. Control. (1) Duringoombatphase. (See fig. 1).
(a)
During the period the theater is divided into a combat zone and a communications or naval advanced base zone, the theater commander exercises control over the combat zone through the commanding officers of field armies or naval fleet or task force commanders, and over the communications or naval advanced base zone through its commanding officer.

(b)
If, however, the theater is subdivided into zones of operation assigned to separate task forces, each of which has its own communications or naval advanced base zone, control is exercised through task force commander.s.

(2)
After aotive oombat has oeased. (See fig. 2.) As long as military government continues in the occupied area, the theater commander will exercise control through a separate CA/MG command. Only in unusual circumstances will CA/MG be in the tactical chain of command.

16. ORGANIZATION AND CONTROL OF ARMY COMMUNICATIONS OR NAVAL ADVANCED BASE ZONE. a. Degree of organization. As occupied wrritory comes within the communications zone or the naval advanced base zone, greater attention must be paid to the permanency of the area organization and further development of CA/MG organization. Efforts will be made to restore the normal functioning of the local government subject to CA/MG control at all echelons and to occupational directives.
b. Type of organization. (1) In the communications or naval advanced base zone, considerations of unity of command usually require that the zone and sulvordinate military administrative area commanders be given control of CA/MG within their areas. Tactical commanders in communication or naval advanced base zones are not responsilvle for CA/MG unless designated as zone commanders.
(2)
If the communications or naval advanced base zone'is not subdivided for purposes of military administration, the comanding officer of the zone creates a CA/MG command, and designates the chief of the CA/MG section of his staff as CA/MG commander.

(3)
If the communications or naval advanced base zone is subdivided for purposes of military administration, the commanding officer of the zone exerCIses

CA/MG control through his subordinate area commanders.
(4)
If the occupied territory5ncludes more than one country or island group, a MG unit will be detailed for each of the subdivisions in the highest political echelon. Sufficient personnel will be allotted for duty in the lower political echelons including cities.

(5)
The commander of a combat unit stationed in or passing through a locality in the communications zone will assume no CA/MG functions or authority except in an emergency, and will be guided by the established CA/MG policies and procedures.

17. TYPES OF ORGANIZATION. o. Generally speaking, there are two types of CAjMG organizationscombat and occupational. (See figs. 1 and 2.)
(1)
In the combat or wake of battle type, commanders of combat units or of military administrative areas are responsible for CA/MG functions within their respective zones of operation or areas. The channel of command of CA/MG personnel of one echelon to CA/MG personnel of a higher or lower echelon conforms to the operational or administrative chain of command.

(2)
In the occupational form following the combat phase a separate CA/MG organization is created under the direct command of the theater commander or under a subordinate commander. Under this form, the officer in charge of CAjMG of a given territory is responsible to the officer in charge of the next higher political subdivision for CA/MG of the area, and has command of any subordinate CA/MG personnel which may be assigned to political subdivisions within his territory. The chain of command within the organization is direct

from higher to lower CA/MG personnel. Local CA/MG officers are not responsible to tactical unit commanders stationed in the area with regard to the administration of CA/MG activities, but will report direct to higher CA/MG officers.
(3)
It is a function of command to determine the type of organization to be utilized at any particular time or place. The system adopted may often involve features of each type. In many cases the operation will be progressive and one type of organization will predominate in one portion of a theater while the other type predominates in another portion.

b.
CA/MG begins in the combat zone as soon as the area comes within control of the occupying or liberating force. In active combat areas CA/MG is necessarily limited to the most essential functions in conformity with the military situation. Such functions are usually directly exercised over the civilian popUlation by the combat units of which MG troops will be a part. The initial handling of civilian problems i:f properly conducted can spell the difference between success or failure of the purely combat mission and may easily set the pattern for effective civilian cooperation. Such

. cooperation, as the combat zone moves forward and occupation continues, will permit inestimable savings of both men and dollars.
c. In the combat zone, control on the principle of unity of command is paramount. Tactical commanders with the advice of their CA/MG s~aff officers will control the civilian population within the zone of operation without regard to political boundaries. CA/MG units, of the occupational type, brought into the tactical area for the purpose of relieving tactical units of CA/MG responsibility, will be attached to the tactical command and orders concerning the control of CA/MG activities will be issued through the military chain of command, under which procedure operational control of these units may be delegated lily the tactical commander to his chief CA/MG officer. When the division moves forward the occupational type of CA/MG units pass to the control of the commanding officer of the next higher tactical echelon. In the combat zone, reinforcing occupational type MG units are initially attached to divisions.
18. ADVANTAGES AND DISADVANTAGES OF COMBAT AND OCCUPATIONAL TYPES. o. Combat. (1) A~d
vantages. The advantage of control through combat and military administrative area commanders is that authority for all activities, civil as well as military, is concentrated in the hands of the commander who is responsible fo1;' operations, supply, and evacuation. This insures that all activities, including relations between the occupying troops and the inhabitants of the occupied area, within the given zone of operations or military administrative area, will be coordinated in support of the operation for which the commander is responsible. It obviates friction and misunderstandings which are likely to arise when two mutually independent officers with overlapping responsibilities are present.
(2)
Disadvantages. The disadvantges of control through combat and military adminis'trative area commanders are

(
a) Such commanders, concerned with combat training and operations, supply, and evacuation are apt to minimize the importance of CA/MG functions and objectives.

(b)
The frequent and rapid movement of combat units results in lack of continuity in the implementation of CA/MG functions due to the frequent changes in personnel.

(a)
Combat units will necessarily be disposed according to strategical and operational requirements and only by chance according to local political boundaries. Consequently, the territory assigned as the zone of operation of a combat unit will usually embrace parts of the territory of numerous political subdivisions. To· a lesser degree this may also be true of the territory assigned as the area of a military administrative unit. In such cases the same set of local officials may receive orders from the commanders of all the operational or administrative units whose zone of operations or areas lie within or partly within the political subdivision.

(d)
As the headquarters of the tactical unit may not be located at the seat of the local government, in order to provide effective control over civilian officials the CA/MG section of the staff of the units may have to be divided into two echelons, one at the military headquarters and the other at the seat of the government, with consequent loss of efficiency.

b.
Occupational. The advantages and disadvantages of the occupational type of organization are generally the opposite of those under the combat or wake of battle type.

(1)
Advantages. Some advantages are-a more effective and economical use of manpower, a greater continuity of policy and personnel, and a more efficient use of specially selected and trained CA/MG personnel.

(2)
Disadvantages. The chief disadvantage is that unity of command at a lower level is not usually estab

lished since the local CA./MG personnel under the occupational type of orgariization are independent of the combat unit commanders operating or garrisoned in their areas or of the commanders' exercising administrative command for military purposes in the same area.
19. CA/MG STAFF SECTION. There will be created on the staff of the theater comander, a CA/MG staff section, on a general staff level, charged with planning and responsibility for CA/MG activities. Appropriate sections will also be created on the staffs of subordinate commanders.
a. Duties of chief of section. The duties of the chief of CA/MG section are
(1)
Under direction of the commander, to prepare and keep current detailed plans, policies, and procedures for CA/MG activities in the area to be occupied and to coordinate such plans, policies, and procedures with chiefs of other staff sections.

(2)
To advise and assist the commander in all matters of organization, supervision, and control of CA/MG in the area occupied, or to be occupied, and to interpret for him from a CAjMG viewpoint the character of the people, the nature of the government, and the specific problems likely to be faced in the territory.

(3)
To have prepared, in appropriate languages, proclamations, ordinances, and orders to be issued in the name of the commander, or in the name of the recognized authority.

(4)
To keep subordinate commanders currently advised concerning CAjMG situations, plans, and policies.

(5)
To secure from all sources information of CAjMG interest, and to evaluate such information for purposes of

(a)
dissemination to other interested agencies.

(b)
utilization for planning for future CA/MG operations.

(6)
To maintain constant liaison with other general and special staff sections in order to effect over-all coordination.

(7)
To assist the supervision and coordination of the work of United States and Allied civilian agencies in CA/MG activities.

b.
Internal organization. The chief of every CA/MG section will need to make pr~vision for the following activities; however, on a small staff, several of these activities may be performed by a single officer:

(1)
Administrative. (a) Deputy. A large section will require a deputy, who will assist the chief of the staff and act for him in his absence.

(b)
Executive officer. The chief of the section, except in small sections, will.require an executive officer to coordinate the management of the office and to handle special assignments. The executive officer may have assigned to him assistants who will perform the duties of an army adjutant or navy executive and supply officer.

(2)
Functional. The CA/MG section will be staffed to perform functions including public health, legal, fiscal, public safety, handling of displaced persons, and others. For a detailed description of the functions to

. be performed by CA/MG officers see par,:-,graph 12.
c. Personnel of other services. In joint operations, the commander should include in the CA/MG section representative personnel from other services. It is necessary that close liaison exist between Army and Navy CA/MG personnel. If the occupation is primarily an army operation, naval CA/MG personnel should be attached to the section for liaison. Ifit is a naval operation, particularly, if control is tQ be taken over later by the Army, it is essential that army CA/MG personnel be attached to the naval section.
d. Personnel of other nations. In combined operations involving the forces of the United States and its Allies, CA/MG personnel of the participating nations should be represented on the staff section.
20. MILITARY GOVERNMENT (MGJ UNITS. a. General.
For purposes of training and employment all CA/MG personnel are assigned as military government officers and enlisted men to military government T /0 &E units. These units are MG teams, platoons, companies, and groups, and MG staff sections of armies, corps, and divisions. They are designated as MG units though they may perform either civil affairs or military government functions as the situation requires. Personnel for such units and staffs are organized and trained at appropriate training centers in the zone of interior. Civil affairs or military government staff sections for headquarters other than armies, corps, and divisions, and special civil affairs or military government organizations will be organized as required.
b. Principles of organization. (1) With the exception of staff sections and MG cellular units, personnel are organized into separate units which are self-sufficient for their own administration, security, and supply. These units are capable of operating alone or as part of a larger unit.
(2) MG units will not normally be trained or organized for pin-point assignments while in the zone of interior, but will be trained for general area assignments.
These units may be reorganized for definite assignments after reaching the theater of operations, and after it is definitely known what their final assignment will be.
(3)
The platoon, company, and group are each made up of cellular units. Their strength and functional character may be increased or decreased by addition or subtraction of appropriate cellular units. The personnel assigned to these units will be given combat and general military government training. It will contain the military specialists necessary for operating as a separate unit.

(
4) Highly qualified functional specialists will be organized into teams (cells) for utilization on higher MG Headquarters Staffs and with group or companies when necessary.

c.
Principles of employment. (1) In those areas where it is deemed necessary, because of density of population, terrain features, characteristics of people, or nature of occupation, to attach a MG company to an infantry division or its equivalent, that company will remain as a part of the division during the time that it takes to complete a particular combat operation.

(2)
In large operations a MG command unit will be :formed for each corps and army. This unit will be the command and operating agency for all MG companies assigned in the corps or army area. This command will be organized on.a TjO & E of a group.

(3)
Depending upon the nature of the operation and upon over-all plans there will be a number of MG platoons, companies, groups, and cells in both army and theater reserve.

(4)
To prevent confusion and for effective control of the civilian popUlation, MG companies will take over

control of the civilian population as early as possible in the forward areas. Ordinarily these companies will relieve com~at troops of military government responsibilities at the time an area passes from division to direct corps control. These companies will remain in place in the area to which assigned and will pass from control of the corps MG command to the army MG command and from the army to the control of OA/MG he~dquarters in the communications zone.
(5)
A OA/MG national government headquarters for each occupied country will be formed in the theater from appropriate personnel. This headquarters will begin to operate under the theater commander or his appointed military governor as quickly as army rear areas pass into the zone of communications.

(6)
MG group and companies under the national government staff, responsible for political subdivisions the size of provinces or states, will assume direct control of MG companies whenever areas in which these are. installed pass from army to zone of communications control. Depending upon the circumstances, these groups, while in theater reserve, may be reinforced or reduced by addition or subtraction of cellular units.

(7)
As the zone of combat advances and conditions become more settled in the rear areas, the number of MG personnel needed to control the area will decrease. In this event MG units will be relieved, reorganized, re-equipped and returned to theater reserve for further assignment.

(8)
Depending upon conditions found or expected to be found in an occupied area, MG units may be reinforced by attachment of units such as military police, quartermaster truck companies, engineers, etc.

SECTION IV
PERSONNEL

21. PLANNING AND PROCUREMENT. a. Responsibility of commanders. Th~ theater commander is responsible that careful estimates of the CA/MG personnel reqirements be made and requisitioned well ahead of any planned occupation. Such units and personnel, when furnished, will be assembled in the theater under the command of the theater commander, and will be reorganized and given additional training if necessary. Assignments of units and personnel will be made to armies, corps, and divisions sufficient to meet their anticipated needs. The general principle will be followed that CA/MG activities will be steered by specially trained personnel using and coordinating the capabilities and special skills of the administrative and technical services. However, during the early combat phases such activities may necessarily have to be performed by combat troops. In the early phases of the occupation, after cessation of hostilities, it may also be necessary to assign combat troops and units to CA/MG duty. Such personnel if not qualified in CA/MG activities should be relieved from that duty as soon as'"trained CA/MG personnel are available.
b. Responsibility of Departments of the Army and Navy. (1) The .Department of the Army through its Civil Affairs Division and other concerned staff agencies is responsible for maintaining plans for the mobilization and training of CAIMG personnel in the zone of interior. In the event of the mobtlization of the Armed Forces of the United States, personnel having the required military occupation specialties will be drawn from the Regular Army, the Reserve, and National Guard components of the Army, and from corresponding components of Navy, for detail to CA/MG.
(2)
Personnel assigned to CA/MG will be given the required training in appropriate CA/MG schools and will be organized into units at appropriate CA/MG training centers.

(3)
Staff personnel for division and higher commands will be assigned when such units are activated.

(4)
Corps and army military government headquarters and headquarters companies will be activated in the zone of interior. Such units will train with their respective headquarters and will accompany them to the theater of operations.

(5)
MG companies will be given field training with divisions, corps, and armies in the zone of interior.

(6)
MG group headquarters and headquarters companies, MG companies, and MG cellular units will be shipped to the theater of operations in accordance with theater requirements.

(7)
Replacement personnel required by theaters of operations and units in the zone of interior will flow through the normal channels established for the replacement of military personnel.

22. TYPES AND QUALIFICATIONS. a. General. CA/MG personnel requirements are classified by military occupation specialty, each of which gives the general qualifications of the position. Position vacancies in units and staffs will normally be filled by personnel having the required military occupation specialty classification. The personnel qualifications required by CA/MG are numerous, and in addition to the normal military occupations available in the Army, many CA/MG positions can be filled only by personnel qualified by civilian training and experience.
b. Officers. CA/MG officers can be readily classified as follows:
(1)
Higher staff section chiefs and deputies. These Dfficers must have a thorough knowledge of military organization, tactics, and military staff procedures. They should have command ability and must have a thorough grounding in CA/MG principles, policies, Drganization, and procedures.

(2)
Higher staff functional specialists. Officers in this classification must be highly qualified through edu<:ation and experience in such fields as public finance, public health, commerce, industry, agriculture, price control and rationing, public welfare, labor relation, law, etc.

(3)
Unit commanders and executives. These positions are to be filled by officers with a thorough knowledge of military organization, administrative proceclm'es, and command experience or comparable civilian experience in an executive or administrative capacity. They should have thorough grounding in CA/MG principles, policies, and procedures.

(4)
Unit officers. All junior officers assigned to MG .units must have had combat and general CA/MG trainmg.

c.
Enlisted personnel. (1) Military administrative and service personnel. Enlisted personnel assigned to purely military functions will,be selected by military occupation specialty classification only. Such personnel will not receive specialized individual CA/MG training, but will receive CA/MG unit training.

(2)
Specialists. Enlisted men of this category will be carefully selected on the basis of military and civilian background and training. After selection they will be given specialized training in their functions at CA/MG schools and appropriate training centers.

23. TRAINING. a. In the zone of interior. (1) In the event of mobilization there should be CA/MG school (or schools) for training of both officers and enlisted personnel in the principles, policies, organization, operations, and procedures of CA/MG.
(2)
An appropriate CAjMG training center should be established in connection with the CA/MG school. Units will be organized at this training center and initial unit training will be· completed there. MG functional teams will receive specialized training at the training center. Training in areas and peoples will be given to all personnel passing through such installations.

(3)
, A language school should be established at appropriate training centers for the training of interpreter and translator teams, and for the training of selected officers in the languages of the areas to be occupied.

(4)
A prescribed schedule of unit training will be completed at appropriate training centers by all units. Upon the completion of unit training MG companies will complete a period of field training with combat units.

b.
In the theater of operations. In advance of an occupation, all MG companies should train with the corps and army MG commands to which they will be attached during the operation. This "training should include not only the CA/MG aspects of the operation but also the necessary military training peculiar to the operation. This training period should give the unit commanders opportunity to become acquainted with the various MG Staff's and the tactical and service units with whom they will have to deal in the occupation.

SECTION, V
PLANS AND ORDERS

24. RESPONSIBILITY FOR PLANS. CAIMG planning is a part of the planning for military operations.
a.
State Department and Departments of the Army and Navy. The office for Occupied Areas of the State Department, the Civil Affairs Division in the Department of the Army, and the Office of Island Governments and the Office of Politico Military Affairs in the Department of the Navy, subject to the policies formulated by· SANACC and under the supervision and direction of the Joint or Combined Chiefs of Staff, are responsible for the preparation of the CA/MG portion of the strategical and logistical plans for military operations. The CA/MG plan of the Departments of the Army and Navy, usually brief and general, is transmitted to the theater commander in the form of a JCS directive containing the broad political and economical policies to be followed.

b.
Theater of operations. CA/MG planning is a command responsibility at all echelons. The actual preparation of the plan, in accordance with the directive of the commander, usually devolves on the chief of the CA/MG section of the staff.

25. BASIS FOR PLANNING. In formulating plans, including logistic and supply plans for the occupation of any area, the following factors may be considered (this list is not exhaustive) :
a.
Recent history of the country.

b.
Organization of its government, including the titles, functions, backgrounds, and names of officials who are in a position to help or hinder the mission of the occupying force.

c.
All known facts which may affect the mission, such as political parties, functions and cleavages, unofficial persons wielding political or other power both in the central government and in political subdivisions.

d.
Geography, including location, area, topography, climate, and natural resources.

e.
Characteristics of the inhabitants of the country, such as numbers and proportions by race, religion, and political or other affiliation, and factors indicating probable attitude toward the presence of the occupying force.

f.
Local customs and traditions, sensitive points, taboos, and national or religious observances such as holidays and sacred or forbidden places.

g.
Standards of living, including health and dietary habits which might affect the occupying forces. .

h.
Administration of justice, including tribal customs and traditions.

i.
Forms of social courtesy toward different ranks among the inhabitants.

j.
Character of the population as to orderliness and obedience to law.

k.
Organization and possibility of future utilization of the police force and fire departments.

I.
Regulations and conditions regarding sale of intoxicating liquors and narcotics.

m.
Existence of subversive or enemy groups who are potential saboteurs and ~pies.

n.
Organization and reliability of the civil courts in which offenses committed by civilians may be tried.

o.
Location and extent of development of agriculture, industry, and natural resources of the country which may affect the procurement of material, labor, and other supplies for the occupying force and the indigenous population.

p.
Need for importation of civilian supplies in order to prevent disease and unrest among the civilian population.

q.
Financial structure, types, and condition of financial institutions in existence; amount and types of currency in circulation; attitude of population toward currency; rate of international exchange; type of currency to be used by occupying forces.

r.
Current economic situation, including existing standard of living, amount of consumer goods available for purchase, and the effect which the presence of a well-paid occupying force is likely to have upon the economy of the country.

s.
Extent and probable consequences of damage caused by military operations upon the government, its institutions, and the economy of the country.

t.
Availability and adequacy of institut~ons, facilities, and services likely to affect the mission of the. occupying force or to be required by it, with particular reference to the capacity and condition of public works and utilities, including railroads, canals, harbors, docks, highways, bridges, rolling stock, motor vehicles, gas, electricity, waterworks, and sewage disposal system.

u.
Extent, location, and condition of all communication facilities, such as postal system, telegraph, telephone, and radio.

v.
Public health; organization and current public health situation.

w.
Civil protection; its present organization and operation.

26. TYPES OF CA/MG ORDERS. a. Theater and task force commanders. These commanders may, according to circumstances, issue CA/MG orders as annexes to operational or administrative orders, or as routine orders when there is no direct connection with an operation.
b.
Military administrative area commanders. These commanders do not ordinarily issue field, administrative, or operational orders; consequently, CA/MG matters will usually appear in routine orders.

c.
Operational unit commanders. CA/MG orders issued by operational unit commanders usually appear in a CA/MG annex to the administrative order which accompanies a field or operational order; in such case it is referred to in the administrative order. Ifshort, it may be included in the final paragraph of the administrative order, instead of in an annex. When new administrative orders are issued, a new annex is also issued if necessary; if not, the final paragraph of the administrative order may include the statement: "Civil Affairs/Military Government, no change." The annex is signed by the chief of staff, the executive officer, or the appropriate naval staff officer.

d.
Chief CA/MG officers. These officers ordinarily issue routine orders to subordinate CA/MG personnel.

27. CONTENT OF CA/MG ORDERS. The following is a check list of CA/MG matters which may be included in any order (this list ~s not exhaustive) :
a.
Information needed in order to insure intelligent execution of the field or operational order, if not already known to the subordinate or included in an accompanying field or operational order. This may include information of enemy forces, of the enemy population, and any available support from agencies not under the command of the issuing officer.

b.
The general plan of the commander, except so far as it is already known or is included in an accompanying order.

c.
Designation of officers charged with CA/MG control; creation of CA/MG commands; attachments and detachments of units, with time and place of each, including military police, marines, or shore patrol and missions of each.

d.
General instructions governing all subordinates, such as

(1)
Security measures to be taken.

(2)
Controls to be established over civilian supply.

(3)
Measures to be taken to restore public order.

(4)
Records to be impounded and their disposition.

(5)
Directions for control or disposition of public funds.

(6)
Directions for authority to make requisitions.

(7)
Directions for handling enemy-owned property.

(8)
Currency to be used and rate of exchange.

(9)
Treatment of, or conduct toward, enemy nationals and local population and officials.

(10)
Special measures to be taken with regard to public institutions, banks, industry, commerce, labor, and other activities.

(11)
Authority to appoint military courts, and to approve and execute sentences; rules as to procedure j limits of punishments.

(12)
Authority to appoint and remove local officials.

(13)
Proclamations and general ordinances to be published.

(14)
Authority to issue ordinances of local application.

(15)
Reports to be made; when and where.

(16)
Location of the issuing commander.

(17)
Records and historical data to be maintained.

ss
SECTION VI

PROCLAMATIONS, ORDINANCES, ORDERS,
AND INSTRUCTIONS

28. INITIAL PROCLAMATION. a. Issuance. While not mandatory under international law, as soon as practicable after commencement of an occupation, the theater commander, or an authorized subordinate, should issue to the inhabitants of the occupied territory a proclamation informing them of the fact of occupation, the extent of territory affected, and the obligations, liabilities, duties, and rights of the population under CA/MG. Generally, this proclamation will have been prepared in advance and in accordance with directives from higher authority. Where occupation of a large area is proceeding by stages, it is proper to state that the proclamation will be applicable in adjacent areas as they are occupied .
. b. Form and character. (1) The proclamation should be brief and in simple terms. It should be published as widely as possible in English and in the languages of the occupied areas. Any translation should be idiomatic, clear, and concise.
(2)
The tone and character of the proclamation will vary in different territories and will depend upon a number of factors. Among them will be the following:

(a)
Military and political objectives to be attained in the occupied and other territories.

(b)
Strategic situation.

(d)
Composition and disposition of the occupying forces, whether American or Allied.

(e)
Attitude of the inhabitants.

(f)
Historical and psychological considerations.

(g)
Extent to which control by CAIMG must be exercised in the particular territory.

(3)
It is advisable to address the population of an enemy country firmly, but the language should not be vindictive. In occupied areas, inhabited by a nonhostile population which is being freed from enemy domination, the proclamation will be more friendly in character and may emphasize deliverance from a common enemy.

(4)
In occupation of neutral or Allied territory, lately held by an enemy, a manifesto may also be issued by the legitimate government supporting the occupation and calling upon officials and inhabitants to cooperate and to obey the rules laid dow:n by the commanders of such forces.

c.
Contents. (1) The initial proclamation will vary in content according to the circumstances of the occupation. Generally, important items to be covered are

(
a) The state o~ affairs which exists.

(b)
A definition of the area and peoples to which the proclamation applies.

(d)
The manner in which the inhabitants are to conduct themselves.

(.e) The measures which will be resorted to by the military government:
(2) It is impracticable to outline the contents of proclamations for all types of occupations. In definitely hostile areas, however, the proclamation should cover the following points: '
(a) Declaration of the occupation. This is formal notice of the fact of occupation and of the extent of the area over which the accompanying forces assume jurisdiction.
(b)
Purp08e and policy of the occupation. Itmay be advisable to include a statement as to the purpose and policy of the occupation. Political objectives should be included only pursuant to instructions from higher authority.

(c)
Supremacy of military authority of occupying force8. This is an essential prerequisite to the administration of any military government. It should be announced that a military governor has been appointed and that political ties with and obligations to the enemy government, if any, are suspended. It should be announced that inhabitants will be required to obey orders of the theater commander and his subordinates and to abstain from all acts or words of hostility or disrespect to the occupying forces.

(d)
Detention of law8 and official8. It should be announced that, unless the military authority directs otherwise, local laws and customs will continue in force, local officials will continue in office, and officer and employees of all transportation and communication systems and of public utilities and other essential services will carryon with their regular tasks.

(
e) Treatment of inhabitant8. Assurance should be given that persons who obey the instructions of the military authority have nothing to fear and will be

duly protected in their persons, property, family rights, religion, and occupation; and that those who commit offenses will be severely punished.
(I)
Reswmption of usual occupations. Inhabitants should be instructed that they must continue or resume their usual occupations, unless specifically directed to the contrary. They will assist in the maintainance of law and order and restoration of normal economic conditions.

(g)
Detailed rules of condU(}t. It is advisable to put the population on notice that further proclamation or ordinances will specify in detail what is required of the inhabitants.

(Ii) Miscellaneous. Other matters the theater commander deems it advisable to include.
d. Publication. Proclamations may be published by posting, publication in newspap~rs, broadcasting, or any other practicable method available in the particular· area.
. 29. SUBSEQUENT PROCLAMATIONS AND ORDINANCES.
a. Issuance. As soon as practicable after the publicae tion of the initial proclamation, the theater commander or his authorized subordinates will issue a detailed set of rules regulating the conduct of the population. These rules may appear in the form of proclamations numbered in sequence with other proclamations, or as ordinances, and will be prepared in advance and in accordance with directives issued by the theater commander. Only essential ordinances should be published. Therefore, the fullest advantage should be taken of established laws and customs. If it becomes necessary to publish an ordinance, its provisions should be carefully analyzed
S9
to determine its probable ramifications and its effect upon the civilian population before publication.
b. Form and character. Such proclamations or ordinances when published should be brief and concise. They should inform the inhabitants of the attitude they should take in relation to the occupying forces as well as what they may and may not do. Offenses should be clearly and simply stated. The population should be warned of the penalties which may be imposed for failure to obey the proclamations and ordinances and in what courts persons charged with offenses may be tried. The proclamations and ordinances should be published in English and in the language of the occupied area. Any translation thereof should be clear and simple and should be checked to see that the intent of the proclamation or ordinance is not lost or changed in the translation. It may be necessary to set forth a general prohibition against all subversive or hostile acts to cover offenses which may not be specifically mentioned. Great care must be placed upon the interpretation of this general prohibition clause when charging persons with offenses under it, as such a clause will mean very little to the majority of the popUlation and during a trial might be subject to broad interpretation by the courts. Ifseveral convictions had been obtained for an offense not specifically set forth in the ordinance but for which persons have been brought to trial under authority of this clause, and such convictions had been approved by the reviewing authority, that particular type of offense should be made the subject of a clearly defined proclamation or ordinance. In this way all forbidden actions which might reasonably be foreseen or which have been pointed up by experience will be spe
cifically enumerated, to serve as a guide to the courts and the population. The rules laid down in the initial proclamations and ordinances are primarily concerned with the maintenance of law and order and the security of the occupying forces. _ These proclamations and ordinances will be subject to subsequent amendments depending upon the change in the military and political situation, the reaction of the people to proclamations and ordinances previously issued, and the development of the people, their laws, customs, and institutions under CA/MG. However, frequent changes should be avoided as they may be interpreted by the inhabitants as an indication of vacillation and weakness. They should contain no provisions which are not intended to be enforced or are not possible of performance.
c.
Delegation of authority. The theater commander may delegate his power to issue proclamations or ordinances to subordinate commanders or CA/MG officers, placing such limitations upon the exercise of the delegated authority as he sees fit. It is generally advisable that considerable authority be delegated either to unit commanders or CA/MG officers who are actually located in the occupied area. Only ordinances of local application will be signed in the name of the military governor.

d.
Publication. Publication may be made as in the case of initial proclamations. It may be advisable to publish them in the same manner in which legal notices were published prior to the occupation; or it may be advisable to create a new official publication devoted exclusively to activities of the military government. These proclamations and ordinances become effective when they appear in such publications, or at a specified date.

30. ORDERS AND INSTRUCTIONS TO LOCAL CIVILIAN OFFICIALS. Authority to issue detailed orders and instructions to local officials should be delegated to unit commanders or CA/MG officers responsible for a particular area. Such orders and instructions may be written or oral. If written, copies should be retained. If oral, they may be given through interpreters or in the language of the area and a memorandum for record should be made for future reference. Except in emergencies, all. orders and instructions issued to the local officials should be made by the officer responsible for CA/MG control in the particular area. Visiting officers s,hould contact the local population through the CA/MG officer in the area. Local civilian officials retained in office should file with the CA/MG officer immediately concerned copies of all orders, if written, or memorandum of oral orders he has issm!d to his subordinate officials.
SECTION VII
MILITARY TRIBUNALS

31. GENERAL. a. When an area is occupied and placed under CA/MG, the theater commander, or in the case of an Allied operation, the supreme commander of the forces concerned, will establish such military tribunals as he may consider necessary to assist in the maintainance of lawand order. Military tribunals with jurisdiction over the indigenous population normally will not be established in territory under the control of a friendly government unless such courts are required as a matter of military necessity. The theater commander, or the supreme commander, will determine the number and types of courts, their jurisdiction and procedure.
b. Depending upon the type and circumstances of the occupation the indigenous courts may be permitted to continue operation or may be closed and later reopened. The commander may limit the jurisdiction of such courts with respect to persons and to the class of cases which may be tried therein. In areas under military government control the commander may suspend or abrogate laws and procedural rules applicable to the indigenous courts which would hinder the accomplishment of his mission. By agreement-the above right may also be exercised by the commander of an area under civil affairs administration, but such right should not be exercised unless required by military necessity. Criminal jurisdiction of the indigenous courts will be limited to those violations of the laws of the occupied territory which do not affect the security or interest of the occupying forces, except that the commander may authorize indigenous courts to try cases involving violations of CA/MG regulations promulgated for the government of the indigenous population.
c. War crimes cases, which include violations of international conventions (1) outlawing aggressive war
(2) governing the conduct of hostilities and an occupation or (3) regulating the treatment of prisoners of war, may be tried by international military tribunals created by international agreement as well as by military commISSIOns. Although CA/MG tribunals may be given jurisdiction to try persons charged with war crimes, it is considered advisable to establish special courts for the trial of persons charged with such crimes.
32. TYPES OF MILITARY TRIBUNALS. a. The types of courts formerly established by the United States Forces in occupied areas for the trial of the indigenous population, charged with violating proclamations, ordinances, and regulations issued by the occupying force, were military commissions and provost courts. Such courts are established by order of the military commander and their jurisdiction and procedure prescribed in military orders. They are appointed by the theater commander or supreme commander who may delegate his appointing authority to subordinate commanders. Military commissions are usually composed of a minimum of five officers and provost courts of one officer. If possible, the provost courts officer should be one who has had legal training.
b. The most recent type of court established for the trial of cases referred to in the preceding paragraph is the military government type of court. This court may be divided into three classes and its authority to impose sentences and fines is generally limited as indicated.
(1)
General military courts, with authority to impose any lawful sentence including death.

(2)
Intermediate military courts, with authority to impose any lawful sentence except death, imprisonment in excess of 10 years, or a fine in excess of $10,000.

(3)
Summary military courts, with authority to impose any lawful sentence except death, imprisonment in excess of 1 year, or a fine in excess of $1,000. These courts may also be appointed by the theater commander or supreme commander, but such appointing authority is usually delegated to the military governor of the occupied area who by military government ordinance creates or by other appropriate means establishes the court. The jurisdiction of these military government courts, their composition, and procedure are usually prescribed by military government ordinances which would have the full force and effect of law throughout the occupied area. In the early phases of hostilities military government courts are composed of officer personnel only; however, after the cessation of hostilities, civilian lawyers on duty with the occupying force in military government may be authorized to serve as members of such courts. General military courts are usually composed of five members, intermediate military courts of three members, and summary military courts of one member. However, if sufficient personnel are not available, one officer may serve on the intermediate military court. It is advisable to have one member of

a general or intermediate military court who is a lawyer. Ifpossible, the summary court officer should be one who has had legal training.
c. Military government tribunals are not governed by the provisions of the Manual for Courts-Martial nor by the limitations imposed on courts-martial by Articles of War. Experience has demonstrated that in administering justice in an occupied area, it is desirable to follow forms of judicial procedure which are generally similar to the forms of procedure to which the people are accustomed. Thus, in Europe, the rules governing procedure in military government courts incorporated features of continental practice. The rules of evidence employed permit the introduction of any evidence which is material or relevant to the issues. The limitations imposed by the Constitution of the United States upon the trial of criminal cases in this country do not apply to military government tribunals in occupied areas and the only limitations which need be considered in preparing procedural rules for such courts are that the accused should be assured of a fair hearing, that he should receive notice of the charges in advance of trial, be given an opportunity to prepare his defense, be granted the right of counsel, have the right to call witnesses in his own defense and be permitted to crossexamine witnesses produced by the prosecution. Adequate provision should be made for the review or administrative examination of cases tried in military government tribunals by CA/MG staff of the military governor.
ATYPICAL CAIMG ORGANIZATION FOR THE COMBAT PHASE

FIGURE 1. A TYPICAL CA/MG ORGANIZATION FOR THE COMBAT PHASE
NO~IVp. ond composition 01 CA/MG' luppol1i"G Iloff I te<"llonl eOEllingeM upon r,q",lremenl' O'f Theole' Commander
. Figure 1. 0'I
FIGURE 1. A TYPICAL CA/MG ORGANIZATION FOR THE COMBAT PHASE-CONTINUED
0lD
AHPiCAL CAIMO ORGANIZATION fOR THE OCCUPATION PHASE
FIGURE 2. A TYPICAL CA/MG ORGANIZATION FOR THE OCCUPATION PHASE
Figure 2.

INDEX

Para(lTaph Page
Agriculture_________________________________ _
12n 24 Allied territory:
Definition_______________________________ _
1b 2 When CAjMG may be instituted__________ _ 4c 4 Archives, prote:ltion___________________________ _ _9c
8 Army communications zone: Degree of organization _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 16a
35 Type of organization_ _ _ _ _ _ _ __ ___ _ _ __ ___ _ _ _ 16b
35 Army responsibility in occupied areas __________ 10; 13c 17,31 Art works, protection _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 9c 8
Banking, controL ____________________________ _
12k 23 Censorship__ _ _ _ _ _ _ ___ __ _ _ ___ _ _ ____ __ _ _ __ __ _ _ _ 12g 21 Civil affairs:
Authority for establishment________________ 2 3
Continuity____ ___ _ _ _ ____ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ 9b 7
Definition_____ __ __ _ _ __ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ 1b 2
Functions_____ ______ _ _ __ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ 12 18
In allied territory_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4c 4
In domestic territory_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4c 4
Mission_ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 9a 7
Orders, contents______________________ ~___ 27 54
Orders, types_____________________________ 26 53
Period of controL_________________________ 8 6
Personnel, scope of activities_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 90 7
Plan, f1exibility___________________________ 9b 7
Policies_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ 9c 8
Principles_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 9b 7
Purposes_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 5
Reason for establishment_ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ 4 4
Staff personnel of other nations_____________ 19d 42
Staff section and duties____________________ 19,19a 40
Staff section internal organization__ __ _ _ _ _ _ _ _ _ 19b 41
Staff section personnel of other services_ __ _ _ _ 19c 41
Types of organization" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 17 36
69
Paragraph Page
Civilian censorship_________________ c _________ _
12g 21 Civilian communications___________ , ___________ _ 12h 22 Civilian protection___________________________ _ 12d 20 Civilian supply_____________ –____ -__________ _ 12e 20 Civilian transportation_______________________ _ 12i 22 Combat phase, control during and after________ _ 15b 34 Command responsibility______________________ _ 3 4 Commanding officer, supremacy_______________ _ 9b 7 Commerce and trade_________________________ _ 12p 25
Commodities, controL——c –____ —__ —-_ –12m 24 Conditions to be found in occupied areas _______ _ 11 17 Constitution, United States, authorizes establish
ment of CA/MG___________________________ _ 4c 4 Co-ordination with other staff sections__________ _ 12x 27 Courts, establishment-_______________________ _ 12c 20. Currency, controL___________________________ _
12k 23 Customs of inhabitants, retention______________ _ 9c 8 Definitions___________________ c ______________ _
Ib 2 Degree of control:
Exercised by occupying force_ __ _ _ _ _ _ __ _ _ _ _ _ 6 5
Reasons for variance by occupying force_ _ 6a, b, c 6 Delegation of authority________________________ 3 4 Department of the Army:
Organization, responsibility, and functions_ _ _ 14a 31
Responsibility for plans_ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 24 50
Responsibility for training CA/MG per
sonn~_________________________________ 21b 45
Department of the Navy:
Organization, responsibility, and functions_ _ _ I4b 32
Responsibility for plans____________________ 24 50
Responsibility for training CA/MG personneL 21b 45 Directives from higher authority, limitations on
powers of theater commander_ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ 3 4 Displaced persons_____________________________ 12t 26 Documents, seizure and protection_ ____ _ _ _ _ __ _ _ _ 9c 8 Domestic territory, when CA/MG may be insti
tuted______________________________________ 4c 4
Economic conditions found in occupied areas___ _ 'l1b 18 Economic policy in relation to occupied areas_ -c-9c 8
70
Para-Education: graph Page Prevention of subversive instruction________ _ 12u 26 Supervision of educational system. _________ _ 12u 26 Enemy nationals, disposition, repatriation, and relocation_________________________________ _
12t 26
Establishment of CA/MG:Authority_______________________________ _
2 3
Reason _________________________________ _
4 4
Purpose________________________________ _
5 5 Finance, public______________________________ _
12l 23 Functions of CA/MG_________________________ _
12 18 General stalL _______________________________ _
12x 27
G-1 ____________________________________ _
12x 27
G-2___________________._________________ _
12x 27
G-3____________________________________ _
12x 27
G-4____________________________________ _
12x 27
Government, local: Participation in local government__________ _ 12b 19 Retention_______________________________ _
9c 8 Health of inhabitants of occupied area__________ _ 9c 8 Industry______________ . _____________________ _
12c 20 Information_________________________ .. _______ _
128 26 Intelligence _________________________________ _
128 26 International law: Authorizes establishment of CA/MG _______ _ 4c 4 Treatment of population__________________ _ 9c 8
Joint Chiefs of StaIL__________________________ · 13b 31
Labor relations__________________ —–___ —–12q 25 Law and order: Administration __________________________ _ 12c 20 Maintenance____________________________ _
12a 19 Laws: Discriminatory ____ -_ _______ —–___ -_ -__ 9c 8 Retention_________ . _____________ -_______ _ 9c 8 Liberated territory, definition _________________ _ 1b 2
71
Local government:
Retention of departments_________________ _ Retention of existing laws_________________ _ Retention of officials __________' ___________ _
Mail, seizure and protection___________________·_ Manufacture_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Military government: Authority for establishmeilt_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Continuity__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Definition_____ ________ __ _ _ _ _ ____ _____ _ ___ Functions_____ __ _ _ _ __ ___ ___ _ _____ ___ _____ In allied territory_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In domestic territory_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mission___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Orders, contents__________________________ Orders, types________ -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Period of controL_________________________ Personnel, scope of activities _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Plan, flexibility _____________ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ Policies_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Principles_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Purposes________________________________ " Reason for establishmenL _ _ _ _ ___ _____ _____ Staff section_____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Staff section duties________________________ Staff section internal organization____ _ _ _ _ _ _ _ Staff section personnel of other nations_ _ _ _ _ _ Staff section personnel of other services_ __ _ _ _ Types of organization__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ U nits_ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Military necessity: Principle in conduct of CA/MG_____________ Treatment of population___________________
Military occupation, effect on indigenous government______________________________________ Military tribunals: GeneraL____________________ "_ _ _ _ _ _ _ _ _ _ _ _ Types and procedure______________________ Mission of CA/MG___________________________
Paragraph
9c 9c 9c
9c
12c
2
9b
Ib
12 4c 4c
9a
27
26 8
9b 9b
9c
9b
5 4 19
19a
19b
19d
19c
17 20
9b
9c
4b
31
32
9a
Page
8 8 8
8
20
3
7
2 18 4 4
7
54
53 6
7 7
8
7
5 4 40
40
41 42 42 36 42
7
8
4
63 64 7
Para
Naval advanced base zone: graph Page
Degree of organization___________________ _

16a 35 Type of organization_____________________ _ 16b 35 Navy Department. (See Department of the Navy.) Navy, responsibility in occupied areas__________ lO, 13c 17,31
Occupation, determination of type______________ Ib 2 Occupied country: Economic policy in relation to______________ 9c 8 Health of inhabitants_____________________ 9c 8 Inhabitants, responsibility to occupying force_ • 7 6 Respect for religious customs and organizauons__________________________________ 9c
8 Responsibility of occupying force toward_. __ 4b 4 Occupied territory, definition. __________________ Ib 2 Occupying force: Degree of control exercised by______________ 6 5 Responsibility of inhabitants of occupied country to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7
6 Responsibility toward occupied country___ _ _ 4b 4 Officials: RemovaL_______________________________ _
9c 8 Retention_______________________________ .
9c 8 Operations: Carried out by combined forces____ _ _ _ _ _ _ _ _ _ 13a 31 Carried out by joint army and navy___ _ _ _ _ _ 13b 31 Orders, CA/MG: Content_________________________________ 27 53 Types___________________________________ 26 53 Ordinances, orders, and instructions__________ 28, 29, 30 56, 59, 62 Organization: Combat or wake of battle type____________ _ 17a 36 GeneraL________________________________ _
13 31 Occupational type_______________________ _
17a 36 Within Departments of the Army and Navy and State Department_________________ _ 14 31 Within theater of operations______________ _ 15 33
73
Paragraph Page
Period of CA/MG controL ____________________ _
8 6 Personnel: Continuity______ ~ __________ ~ ____________ _
9b 7 Control in theaters of operations___________ _ 15b 34
Organization in theaters of operations ______ _ 15a 33
Planning, procurement, and requisition_____ _ 21 45
Scope of activities________________________ _
9b 7
Training________________________________ _
23 48 Typ~s and qualifications of CA/MG________ _ 22 46 Plan: Basis___________________________________ _
25 50 Combined forces_________________________ _
13a 31 Continuity______________________________ _
9b 7
Flexibility_______________________________ _
9b 7 Joint Army and Navy____________________ _
13b 31 Responsibility for________________________ _
24 50 Political conditions found in occupied areas _____ _ lla 17 Political prisoners____________________________ _
9c 8 Political territorial divisions, retention__________ _ 9c 8 Population, treatment-_______________________ _
9c 8
Port duties__________________________________ _
12j 22 Press, freedom________ " ______________________ _
9c 8 Prices, controL ______________________________ _
12m 24 Proclamations: Initial proclamation, issuance, form, character, content, and publication________________ _ 28 56 Subsequent proclamations, issuance, form, character, content, and publication________ _ 29 59 Property custody and administration___________ _ 12r 25 Public finance_______________________________ _
12l 23 Public health________________________________ _
12/ 21 Public utilities______________________________ _
12i 22 Public welfare_______________________________ _
12v 27 Rationing, controL __________________________ _
12m 24 Records, protection __________________________ _
9c 8 Records and reports__________________________ _
12w 27 Religious customs, respect for, in occupied areas__ 9c 8 Reports and records__________________________ _
12w 27 Rules of land warfare________________________ _
2 3
74
PaTagraph Page
Sanitation__________________________________ _
12f 21 Schools: CA/MG training schools__________________ _
21b 45
Iteopening _______________________ ______ _
7 12u 26 Shrines, protection_____________________ .. _____ _ ge 8 Social conditions found in occupied areas _______ _ 11e 18 Special staff sections_________________________ _ 12x
27 Adjutant generaL _______________________ _
12x 27 Antiaircraft_____________________________ _
12x 27
ChemicaL ______________________________ _
12x 27 Engineer________________________________ _
12x 27 Headquarters commandant________________ _ 12x 27 Judge advocate__________________________ _
12x 27 Provost marshaL ________________________ _
12x 27 Public relations__________________________ _
12x 27 Quartermaster___________________________ _ 12x 27 Signal__________________________________ _
12x 27
Surgeon ________________________________ _
12x 27 Transportation __________________________ _
12x 27 Speech, freedom _____________________________ _
9c 8 Staff sections: CA/MG__ ~ _____ —_______ -_ —–_______ _
19 40
CA/MG duties __________________________ _
19a 40 CA/MG internal organization_____________ _ 19b 41 Coordination___________ ~ ________________ _
12x 27 Personal relations among personneL _______ _ 12x 27 Personnel of other nations ________________ _ 19d 42 Personnel of other services ________________ _ 19c 41 State Department: Organization, responsibility, and functions __ _ 14c 33 Itesponsibility for plans___________________ _ 24 50 Supply for civilians __________________________ _ 12e 20
Textbooks, revision __________________________ _
12u 26
Theater commander: Authority_______________________________ _
3 4 CA administrator________________________ _
3 4 Designated military governoL _____________ _ 3 4 Itesponsibility for CAlMG ________________ _ 3 4 Itesponsibility for requisitioning personneL __ _ 21a 45
75
Para-
Theaters of operation: graph Paue
Coordination of CA/MG__________________ _ 12x 27
Organization CA/MG____________________ _ 15 33
Trade and commerce_____________' ____________ _ 12p 25

Types of CA/MG organizations:
Advantage of combat type________________ _ 18a 38
Advantages of occupational type___________ _ 18b 39
Combat type____________________________ _

17a 36
Disadvantage of combat type_____________ _ 18a 38
Disadvantages of occupational type________ _ 18b 39
Occupational type_______________________ _

17a 36

Units, MG:
GeneraL________________________________ _
20a 42
Principles of employment_________________ _ 20c 43
Principles of organization_________________ _ 20b 42

W!tr Department. (See Department of the Army.)
U. S. GOVERNMENT PRINTING OFFICE: 1947

BLANK PAGE

L-r. M~ f
DE/ARTMTNT DT TIE ARMY flUD ",NUll
FM 21-5
DEPARTMENT OF THE NAVY MANUAL
DPNAV P22 -1115
•
UNITED STATES ARMY AND NAVY
MANUAL OF

CIVIL AFFAIRS
MILITARY
GOVERNMENT

DEPARTMENTS OF THE ARMY AND NAVY • OCTOBER 1941

U.S. Army JAG School Library

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