Article I
I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.
Explanation:Article I of the CoC applies to all Service members at all times. A member of the Armed Forces has a duty to support U.S. interests and oppose U.S. enemies regardless of the circumstances, whether located in a combat environment or in captivity.
Medical personnel and chaplains are obligated to abide by the provisions of the CoC; however, their special retained status under the Geneva Conventions grants them some flexibility in its implementation.
What Military Personnel Need to Know: Past experience of captured Americans reveals that honorable survival in captivity requires that a service member possess a high degree of dedication and motivation. Maintaining these qualities requires knowledge of and a strong belief in the following:
* The advantages of American democratic institutions and concepts.
* Love of and faith in the United States and a conviction that the U.S. cause is just.
* Faith in and loyalty to fellow POWs.
Possessing the dedication and motivation, such beliefs and trust foster enables POWs to survive long and stressful periods of captivity, and return to their country and families honorably with self-esteem intact.
Special Provisions for Medical Personnel & Chaplains. Under the Geneva Conventions, medical personnel who are exclusively engaged in the medical service of their armed forces and chaplains who fall into the hands of the enemy are "retained personnel" and are not POWs. While this allows them the latitude and flexibility necessary to perform their professional duties, it does not relieve them of their obligation to abide by the provisions of the CoC. Like all members of the Armed Forces, medical personnel and chaplains are accountable for their actions.
Article II
I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist.
Explanation: Members of the Armed Forces may never surrender voluntarily. Even when isolated and no longer able to inflict casualties on the enemy or otherwise defend themselves, it is their duty to evade capture and rejoin the nearest friendly force.
Surrender is the willful act of members of the Armed Forces turning themselves over to enemy forces when not required by utmost necessity or extremity. Surrender is always dishonorable and never allowed. When there is no chance for meaningful resistance, evasion is impossible, and further fighting would lead to their death with no significant loss to the enemy, members of Armed Forces should view themselves as "captured" against their will versus a circumstance that is seen as voluntarily "surrendering." They must remember that the capture was dictated by the futility of the situation and overwhelming enemy strengths.
In this case, capture is not dishonorable.
The responsibility and authority of a commander never extends to the surrender of command, even if isolated, cut off, or surrounded, while the unit has a reasonable power to resist, break out, or evade to rejoin friendly forces.
What Military Personnel Need to Know: Specifically, Service members should:
* Understand that when they are cut off, shot down, or otherwise isolated in enemy-controlled territory, they must make every effort to avoid capture. The courses of action available include concealment until recovered by friendly rescue forces, evasive travel to a friendly or neutral territory, and evasive travel to other prebriefed areas.
* Understand that capture does not constitute a dishonorable act if the service member has exhausted all reasonable means of avoiding it and the only alternative is death or serious bodily injury.
* Understand and be confident in their ability to stay alive using survival skills while evading, the procedures and techniques of rescue by search and recovery forces, and the procedures for properly using specified evasion destinations.
Special Provisions for Medical Personnel & Chaplains. No additional flexibility. However, medical personnel and chaplains are subject to lawful capture. They may only resort to arms in self-defense or in defense of the wounded and sick in their charge when attacked in violation of the Geneva Convention. They must refrain from all aggressive action and may not use force to prevent their capture or that of their unit by the enemy. It is, on the other hand, perfectly legitimate for a medical unit to withdraw in the face of the enemy.
Article III
If I am captured I will continue to resist by all means available. I will make every effort to escape and to aid others to escape. I will accept neither parole nor special favors from the enemy.
Explanation: The misfortune of capture does not lessen the duty of a member of the Armed Forces to continue resisting enemy exploitation by all means available. Contrary to the Geneva Conventions, enemies whom U.S. forces have engaged since 1949 have regarded the POW compound as an extension of the battlefield. The POW must be prepared for this fact.
The enemy has used a variety of tactics to exploit POWs for propaganda purposes or to obtain military information in disregard of the Geneva Conventions. The CoC requires resistance to captor exploitation efforts.
In the past, enemies of the United States have used physical and mental harassment, general mistreatment, torture, medical neglect, and political indoctrination against POWs.
The enemy has tried to tempt POWs to accept special favors or privileges not given to other POWs in return for statements or information desired by the enemy or for a pledge by the POW not to attempt escape.
POWs must not seek special privileges or accept special favors at the expense of fellow POWs.
The Geneva Conventions recognize that the regulations of a POW's country may impose the duty to escape and that POWs may attempt to escape. Under the guidance and supervision of the senior military person and POW organization, POWs must be prepared to take advantage of escape opportunities whenever they arise. In communal detention, the welfare of the POWs who remain behind must be considered. A POW must "think escape," must try to escape if able to do so, and must assist others to escape.
The Geneva Conventions authorize the release of POWs on parole only to the extent authorized by the POWs' country and prohibit compelling a POW to accept parole. Parole agreements are promises a POW gives the captor to fulfill stated conditions, such as not to bear arms or not to escape, in consideration of special privileges, such as release from captivity or lessened restraint. The United States does not authorize any Military Service member to sign or enter into any such parole agreement.
What Military Personnel Need to Know: Specifically, Service members should:
* Understand that captivity is a situation involving continuous control by a captor who may attempt to use the POW as a source of military information, for political purposes, and as a potential subject for political indoctrination.
* Be familiar with the rights and obligations of both the POW and the captor under The Geneva Conventions and be aware of the increased significance of resistance should the captor refuse to abide by the provisions of the Geneva Conventions. Be aware that the resistance the CoC requires is directed at captor exploitation efforts, because such efforts violate the Geneva Conventions.
* Understand that resistance beyond that identified above subjects the POW to possible punishment by the captor for order and discipline violations. Certain actions by the POW can be prosecuted as criminal offenses against the detaining power.
* Be familiar with, and prepared for, the fact that certain countries have reservations to Article 85 of the 1949 Geneva Convention (III) relative to the Treatment of Prisoners of War. Article 85 offers protection to a POW convicted of a crime based on facts occurring before capture. Understand that captors from countries that have expressed a reservation to Article 85 often threaten to use their reservation as a basis for adjudging all members of opposing armed forces as "war criminals." As a result, POWs may find themselves accused of being "war criminals" simply because they waged war against these countries before capture. The U.S. Government and most other countries do not recognize the validity of this argument.
* Understand that a successful escape by a POW causes the enemy to divert forces that might otherwise be fighting, provides the United States valuable information about the enemy and other POWs in captivity, and serves as a positive example to all members of the Armed Forces.
* Understand the advantages of early escape in that members of the ground forces are usually relatively near friendly forces. For all captured individuals, an early escape attempt takes advantage of the fact that the initial captors are usually not trained guards, that the security system is relatively lax, and that the POW is not yet in a debilitated physical condition.
Article V
When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.
Explanation: When questioned, a POW is required by the Geneva Conventions and the CoC, and is permitted by the UCMJ, to give name, rank, service number, and date of birth. Under the Geneva Conventions, the enemy has no right to try to force a POW to provide any additional information. However, it is unrealistic to expect a POW to remain confined for years reciting only name, rank, service number, and date of birth. There are many POW camp situations in which certain types of conversation with the enemy are permitted.
For example, a POW is allowed, but not required by the CoC, the UCMJ, or the Geneva Conventions, to fill out a Geneva Conventions "capture card," to write letters home, and to communicate with captors on matters of camp administration and health and welfare.
The senior POW is required to represent fellow POWs in matters of camp administration, health, welfare, and grievances. However, POWs must constantly bear in mind that the enemy has often viewed POWs as valuable sources of military information and propaganda that they can use to further their war effort.
Accordingly, each POW must exercise great caution when completing a "capture card," when engaging in authorized communication with the captor, and when writing letters. A POW must resist, avoid, or evade, even when physically and mentally coerced, all enemy efforts to secure statements or actions that may further the enemy's cause.
Examples of statements or actions POWs should resist include giving oral or written confessions; making propaganda recordings and broadcast appeals to other POWs to comply with improper captor demands; appealing for U.S. surrender or parole; engaging in self-criticisms; and providing oral or written statements or communications on behalf of the enemy or harmful to the United States, its allies, the Armed Forces, or other POWs. Captors have used POWs' answers to questions of a personal nature, questionnaires, or personal history to create improper statements such as those listed above.
A POW should recognize the enemy might use any confession or statement as part of a false accusation that the captive is a war criminal rather than a POW. Moreover, certain countries have made reservations to the Geneva Conventions (reference (g)) in which they assert that a war criminal conviction has the effect of depriving the convicted individual of POW status. These countries may assert that the POW is removed from protection under reference (g) and the right to repatriation is thus revoked until the individual serves a prison sentence.
If a POW finds that, under intense coercion, he unwillingly or accidentally discloses unauthorized information, the Service member should attempt to recover and resist with a fresh line of mental defense.
POW experience has shown that although enemy interrogation sessions may be harsh and cruel, it is usually possible to resist, if there is a will to resist.
The best way for a POW to keep faith with the United States, fellow POWs, and oneself is to provide the enemy with as little information as possible.
What Military Personnel Need to Know: Specifically, Service members should:
* Be familiar with the various aspects of the interrogation process, its phases, the procedures, methods and techniques of interrogation, and the interrogator's goals, strengths, and weaknesses.
* Understand that the Geneva Conventions and the CoC require a POW to disclose name, rank, service number, and date of birth, when questioned. Understand that a POW must avoid answering further questions. A POW is encouraged to limit further disclosure by using resistance techniques such as claiming inability to furnish additional information because of previous orders, poor memory, ignorance, or lack of comprehension. The POW may never voluntarily give the captor additional information, but must resist doing so, even if it involves withstanding mental and physical duress
Article VI
I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.
Explanation: A member of the Armed Forces remains responsible for personal actions at all times. Article VI is designed to assist members of the Armed Forces to fulfill their responsibilities and survive captivity with honor. The CoC does not conflict with the UCMJ, which continues to apply to each military member during captivity or other hostile detention. Failure to adhere to the CoC may subject Service members to applicable disposition under the UCMJ.
When repatriated, POWs can expect their actions to be subject to review, both as to circumstances of capture and as to conduct during detention.
The purpose of such review is to recognize meritorious performance and, if necessary, investigate any allegations of misconduct.
Such reviews shall be conducted with due regard for the rights of the individual and consideration for the conditions of captivity.
A member of the Armed Forces who is captured has a continuing obligation to resist all attempts at indoctrination and remain loyal to the United States.
The life of a POW may be very hard. POWs who stand firm and united against enemy pressures shall aid one another immeasurably in surviving this ordeal.
What Military Personnel Need to Know: Specifically, Service members should:
* Understand the relationship between the UCMJ and the CoC, and realize that failure to follow the guidance of the CoC may result in subsequent disposition under the UCMJ. Every member of the Armed Forces of the United States should understand that Service members may be held legally accountable for personal actions while detained.
* Understand that the Military Services, as prescribed in Federal law, shall take care of both the POW and dependents and that pay and allowances, eligibility and procedures for promotion, and benefits for dependents continue while the POW is detained even if the enemy does not report the Service member as being a POW and his or her status reflects missing in action.
* Understand the importance of military members ensuring that their personal affairs and family matters (pay, powers of attorney, wills, debt payments, and children's schooling) are kept current through discussion, counseling or filing of documents before being exposed to risk of capture.
Punitive Articles of the UCMJ
Article 105—Misconduct as a prisoner
“Any person subject to this chapter who, while in the hands of the enemy in time of war—
(1) for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(2) while in a position of authority over such persons maltreats hem without justifiable cause; shall be punished as a court-martial may direct.”
Elements.
(1) Acting without authority to the detriment of another for the purpose of securing favorable treatment.
(a) That without proper authority the accused acted in a manner contrary to law, custom, or regulation;
(b) That the act was committed while the accused was in the hands of the enemy in time of war;
(c) That the act was done for the purpose of securing favorable treatment of the accused by the captors; and
(d) That other prisoners held by the enemy, either military or civilian, suffered some detriment because of the accused’s act.
(2) Maltreating prisoners while in a position of authority.
(a) That the accused maltreated a prisoner held by the enemy;
(b) That the act occurred while the accused was in the hands of the enemy in time of war;
(c) That the accused held a position of authority over the person maltreated; and
(d) That the act was without justifiable cause.
Explanation.
(1) Enemy. For a discussion of “enemy,” see paragraph 23c(1)(b).
(2) In time of war. See R.C.M. 103(19).
(3) Acting without authority to the detriment of another for the purpose of securing favorable treatment.
(a) Nature of offense. Unauthorized conduct by a prisoner of war must be intended to result in improvement by the enemy of the accused’s condition and must operate to the detriment of other prisoners either by way of closer confinement, reduced rations, physical punishment, or other harm. Examples of this conduct include reporting plans of escape being prepared by others or reporting secret food caches, equipment, or arms. The conduct of the prisoner must be contrary to law, custom, or regulation.
(b) Escape. Escape from the enemy is authorized by custom. An escape or escape attempt which results in close rconfinement or other measures against fellow prisoners still in the hands of the enemy is not an offense under this article.
(4) Maltreating prisoners while in a position of authority.
(a) Authority. The source of authority is not material. It may arise from the military rank of the accused or—despite service regulations or customs to the contrary—designation by the captor authorities, or voluntary election or selection by other prisoners for their self-government.
(b) Maltreatment. The maltreatment must be real, although not necessarily physical, and it must be without justifiable cause. Abuse of an inferior by inflammatory and derogatory words may, through mental anguish, constitute this offense
Maximum punishment. Any punishment other than death that a ourt-martial may direct.
2006-09-18 07:38:06
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answer #1
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answered by cherokeeflyer 6
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