Military

1-1. Unlike EPW/CI operations in the past, I/R operations include additional detained persons. The I/R operations include handling, protecting, and accounting for dislocated civilians (DCs) and conducting battlefield confinement of US military prisoners. With the alignment of these additional categories, leaders and soldiers must ensure that they understand and are prepared to apply the rules of engagement (ROE) and the rules of interaction (ROI) that apply to each category. The keys to a successful I/R operation are getting the mission accomplished and performing the mission under the correct mind-set. For example, the ROE that may apply to an EPW may not apply to a refugee or a US military prisoner. However, an MP may be tasked to handle each category during the course of an operation. This dimension is addressed throughout the manual to increase the MP commander's situational awareness (SA) as it relates to this aspect of I/R operations.

1-2. The following terms are defined below:

• Combat zone (CZ).

• EPW.

• CI.

• Retained person (RP).

• Other detainee (OD).

• DC.

  • Displaced person (DP).

  • Refugee.

  • Evacuee.

  • Stateless person.

  • War victim.

  • Migrant.

  • Internally displaced person (IDP).

  • Expellee.

• US military prisoner.

1-3. The CZ is the area required by combat forces to conduct operations. It normally extends forward from the land force's rear boundary. The communications zone (COMMZ) is the rear part of the theater of operations (TO). It is behind and contiguous to the CZ. The COMMZ contains lines of communication (LOC), supply and evacuation areas, and other agencies required for the immediate support and maintenance of field forces. It reaches to the continental United States (CONUS), to a supporting combatant command's area of responsibility (AOR), or to both. An EPW must be moved as quickly as possible from the CZ to the COMMZ where an I/R unit interns him.

NOTE: For a complete discussion on the operational framework of a CZ, see FM 3-0.

1-4. As defined in the Geneva Convention Relative to the Treatment of Prisoners of War (GPW), 12 August 1949, an EPW is—

• A member of an enemy armed force or a member of a militia or a volunteer corps forming part of an enemy armed force.

• A member of a militia or a volunteer corps (including an organized resistance movement) that (1) belongs to an enemy power, (2) operates in or outside its own territory (even if the territory is occupied), and (3) fulfills the following conditions:

  • The organization is commanded by a person responsible for his subordinates.

  • The organization has a fixed, distinctive sign that is recognizable at a distance.

  • The members are carrying arms openly.

  • The organization is conducting operations according to the laws and customs of war.

• A member of an enemy armed force who professes allegiance to a government or an authority not recognized by the detaining power (the US).

• A person who accompanies an enemy armed force without actually being a member (a civilian member of a military aircraft crew, a war correspondent, a supply contractor, a member of a labor unit, or a member of a service that is responsible for enemy welfare) if he has authorization and an identification (ID) card from the armed force.

• A crew member (a master, a pilot, or an apprentice of a merchant marine or a member of a civil aircraft under the enemy's power) who does not benefit from more favorable treatment under other provisions of international law.

• Inhabitants of an unoccupied territory who spontaneously take up arms to resist invading US armed forces (without having time to form themselves into a regular armed unit) if they carry arms openly and respect the laws and customs of war.

1-5. The following persons are treated as EPWs:

• A person who qualifies for EPW status under paragraph 1-4 (if the US is a party to the conflict) and falls into the hands of the US as a neutral or nonbelligerent power.

• A person belonging to or having belonged to an armed force of a country occupied by the US (if the US considers it necessary by reason of such allegiance to intern him) even though he may have been originally liberated from EPW status by the US while hostilities were going on outside the occupied territory. Particular application is made to a person who has made an unsuccessful attempt to join an armed force that is engaged in combat or who has failed to comply with a summons for internment.

1-6. Captured enemy personnel are presumed to be EPWs immediately upon capture if the circumstances are unmistakable (armed, uniformed enemy). If questions arise as to whether captured personnel belong in the EPW category, they receive the same treatment as EPWs until their status is determined by a competent military tribunal according to AR 190-8.

1-7. A CI is a person who is interned during armed conflict or occupation if he is considered a security risk or if he needs protection because he committed an offense (insurgent, criminal) against the detaining power. A CI is protected according to the Geneva Convention Relative to the Protection of Civilian Persons in Time of War (GC), 12 August 1949.

1-8. An RP is an enemy who falls within one of the following categories:

• A person who is a member of the medical service of an enemy armed force.

• A medical person exclusively engaged in—

  • Searching, collecting, transporting, or treating wounded or sick personnel.

  • Preventing disease.

  • Administering a medical unit or establishment.

• A chaplain attached to an enemy armed force.

• A member of the International Federation of Red Cross and Red Crescent Societies (IFRC) or another voluntary aid organization. The organization must be duly recognized and authorized by its government. The staff may be employed in the same duties as medical personnel if the organization is subject to military laws and regulations.

1-9. An RP is a special category for medical personnel and chaplains because of their special skills and training. They may be retained by the detaining power (see FM 27-10) to aid EPWs, preferably those of the armed force to which the RP belongs. Per the Geneva Conventions, RPs receive the same benefits and protection as EPWs. The following privileges and considerations are extended to RPs due to their professions:

• Correspondence privileges that are over and above those afforded to EPWs.

• Facilities to provide medical care, spiritual assistance, and welfare services to EPWs.

• Transportation for periodic visits to EPW branch I/R facilities and hospitals outside the EPW I/R facility to carry out medical, spiritual, and welfare duties.

• Work assignments that are restricted to medical and religious duties they are qualified to perform.

• Quarters that are separate from EPW quarters when practicable.

NOTE: For a complete discussion on RPs, see AR 190-8.

1-10. A person in the custody of US armed forces who has not been classified as an EPW (Article 4, GPW), an RP (Article 33, GPW), or a CI (Article 78, GC) is treated as an EPW until a legal status is ascertained by competent authority.

1-11. A DC is a civilian who left his home for various reasons. His movement and physical presence can hinder military operations. He most likely requires some degree of aid (medicine, food, shelter, or clothing). A DC may not be native to the area (local populace) or to the country where he resides. A DC is a generic term that is further subdivided into the following categories:

• DP. A DP has been dislocated because of war, a natural disaster, or political/economic turmoil. Consequently, the motivation for civilians to flee and their status under international and domestic laws vary, as does the degree of assistance required and the location for relief operations. Likewise, the political, geographical, environmental, and threat situations also vary.

• Refugee. The Geneva Convention Relative to the Status of Refugees (1951) states that a refugee is a person who "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country."

• Evacuee. An evacuee is a civilian who is removed from his place of residence by military direction because of personal security or other requirements of the military situation.

• Stateless person. A stateless person is a civilian who has been denationalized, whose country of origin cannot be determined, or who cannot establish his right to nationality claimed.

• War victim. A war victim is a civilian who suffered an injury, a loss of a family member, or damage to or destruction of his home because of war.

• Migrant. A migrant is a worker who moves from one region to another by chance, instinct, or plan.

• IDP. An IDP may have been forced to flee his home for the same reasons as a refugee, but he has not crossed an internationally recognized border.

• Expellee. An expellee is a civilian who is outside the boundaries of his country of nationality or ethnic origin and is being forcibly repatriated to that country or a third country for political or other purposes.

1-12. A US military prisoner is sentenced by a court-martial to confinement or death and ordered into confinement by competent authority, whether or not the sentence has been approved by the convening authority. A person placed into confinement by competent authority pending trial by court-martial is a pretrial prisoner or a pretrial detainee.

1-13. The objectives of I/R operations are to process, handle, care for, account for, and secure—

• EPWs.

• CIs.

• RPs.

• ODs.

• DCs.

• US military prisoners.

1-14. The principles employed to achieve the objectives are according to the Hague Convention (1907), the Geneva Conventions (1949), the Geneva Convention Relative to the Status of Refugees (1951) and its protocol (1967), and current STANAGs. These principles include—

• Humane treatment and efficient care.

• Prompt evacuation from the CZ.

• Provisions for captive or detainee interrogation.

• Procedures for evacuation, control, and administration of internees with other CS and combat service support (CSS) operations.

NOTE: The principles employed for US military prisoners are outlined in AR 190-47 and Department of Defense (DOD) Directive 1325.4.

1-15. The expanded MP functions of I/R involve certain international and domestic organizations not previously considered during MP operations. There are numerous private relief organizations, foreign and domestic, that are involved in humanitarian relief and I/R operations. Likewise, the media normally provides extensive coverage of I/R operations. In many instances, the DOD will not be the lead agency in I/R operations, which adds to the complexity. For instance, the DOD could be tasked in a supporting role, with the Department of State (DOS) or another agency in the lead.

1-16. Under the Geneva Conventions and subsequent protocols, a capturing power is responsible for proper and humane treatment of detainees from the moment of capture or other apprehension. The Secretary of the Army is the executive agent for DOD I/R operations and administration. He is responsible for plans, policy development, and operational coordination for persons captured and interned by US armed forces. Navy, Marine, and Air Force units that detain or capture persons turn them over to the Army at designated receiving points after initial classification and administrative processing.

1-17. Per DOD Directive 3025.1, the Secretary of the Army tasks DOD components to plan and commit DOD resources in response to requests for military support from civil authorities. The Director of Military Support (DOMS) provides leadership in this effort.

1-18. Examples of DOD decision makers are the Under Secretary of Defense (USD) for Policy and the Deputy Assistant Secretary of Defense (DASD) for Humanitarian and Refugee Affairs (H&RA). The USD for Policy develops and administers military policies and programs for international HA and foreign relief operations. The DASD for H&RA executes the policies and tasks the services accordingly.

1-19. The DOS is organized into functional and regional bureaus. It represents the US via embassies throughout the world.

1-20. Per the Stafford Act, the federal government responds to disasters and emergencies to save lives and protect public health, safety, and property. The Federal Emergency Management Agency (FEMA) is responsible for the nation's emergency management system. Local and state programs are the heart of the nation's emergency management system, and most disasters are handled by local and state governments. When devastations are especially serious and exceed local and state capabilities and resources, states turn to the federal government for help.

1-21. When the President declares a major disaster, FEMA coordinates response activities for federal agencies that may participate. The agencies help states and localities recover from disasters by providing services, resources, and personnel. They transport food and potable water, provide medical aid, assist with temporary housing, and furnish generators for hospitals and other essential facilities. The FEMA also works with states and territories during nondisaster periods to plan for disasters, develop mitigation programs, and anticipate requirements.

1-22. The Federal Response Plan addresses the consequences of disasters and emergencies. It applies to natural disasters (earthquakes, hurricanes, typhoons, tornadoes, and volcanic eruptions), technological emergencies (radiological and hazardous material [HM] releases), and other incidents. The plan describes the basic mechanisms and structures to mobilize resources and conduct activities that augment state and local efforts. It uses a functional approach to group the types of federal assistance that a state is most likely to need under emergency support functions (ESFs). Each ESF is headed by a primary agency based on its authorities, resources, and capabilities in the functional area. The ESFs are the primary mechanisms through which federal assistance is provided. Federal assistance is provided to affected states under the overall coordination of a federal coordinating officer, who is appointed by the FEMA director on behalf of the President.

1-23. Other federal agencies provide advice, assistance, and resources to plan, implement, and accomplish I/R operations. They are the—

• Department of Transportation (DOT). Its technical capabilities and expertise in public transportation are available to assist in specific operations.

• United States Department of Agriculture (USDA). It has projects and activities ongoing in foreign countries and provides technical assistance and expertise.

• United States Agency for International Development (USAID). Although not directly under the control of DOS, USAID coordinates activities at the department and country levels within the federal government.

• Office of Foreign Disaster Assistance (OFDA). It provides prompt nonmilitary assistance to alleviate death and suffering of foreign disaster victims. The OFDA may request DOD assistance for I/R operations. The coordination and determination of forces required is normally accomplished through DOD and the joint task force (JTF).

• United States Information Agency (USIA). The USIA helps achieve US objectives by influencing public attitudes overseas. It advises the US government on the possible impacts of policies, programs, and official statements on foreign opinions. The USIA helps HA forces gain popular support and counters attempts to distort and frustrate US and JTF objectives.

• Department of Justice (DOJ). The I/R forces may contact the DOJ Community Relations Service for assistance in domestic HA operations. It provides on-site resolution assistance through a field staff of mediators and negotiators.

• Public Health Service (PHS). It promotes protection and advancement of the nation's physical and mental health. The US forces work with the PHS during refugee operations in and near the US and its territories.

• Immigration and Naturalization Service (INS). It provides information and services to the public while enforcing immigration control. The INS is essential for processing and settling migrants and refugees in the US and its territories.

1-24. Civilian organizations are responsible for a wide range of activities encompassing HA; human rights; the protection of minorities, refugees, and DPs; legal assistance; medical care; reconstruction; agriculture; education; arts; science; and project funding. The commander must understand the mandate, role, structure method, and principles of civilian organizations. Without this understanding, it is impossible to establish an effective relationship with them.

1-25. These organizations may already be in the area of operations (AO), providing HA or some type of relief when I/R operations are planned and implemented. The principle coordinating federal agency is the USAID, and civilian organizations are required to register with the USAID to operate under US auspices.

1-26. There are three principle types of civilian organizations:

• International organization (IO). An IO is established by intergovernmental agreements and operates at the international level. Examples of IOs include the—

  • United Nations (UN).

  • United Nations High Commissioner for Refugees (UNHCR).

  • United Nations Development Program (UNDP).

  • United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA).

  • World Food Program (WFP).

  • International Medical Corps (IMC).

• Nongovernmental organization (NGO). An NGO is a voluntary organization that is not funded by a government. It is primarily a nonprofit organization that is independent of a government, an IO, or a commercial interest. It is legally different than an IO because it writes its own charter and mission.

The NGOs are increasingly numerous and sophisticated, and they can number in the hundreds in any conflict. They remain strongly independent from political control to preserve their independence and effectiveness. In many cases, their impartiality has been of great benefit, forming the only available means of rebuilding relations when political dialog has broken down. They are often highly professional in their field and extremely well motivated and prepared to take physical risks in appalling conditions. Examples of NGOs include the—

• Save the Children Foundation (SCF).

• Médecin Sans Frontiéres (Doctors Without Borders) (MSF).

• Catholic Relief Services (CRS).

• National Council of Catholic Bishops (NCCB).

An NGO is mandated or nonmandated:

• Mandated. A mandated NGO has been officially recognized by the lead IO in a crisis and has been authorized to work in the affected area.

• Nonmandated. A nonmandated NGO has no official recognition or authorization and, therefore, works as a private concern. A nonmandated NGO can be subcontracted by an IO or a mandated NGO. It can also obtain funds from private enterprises or donors.

• International humanitarian organization (IHO). An IHO is an impartial, neutral, and independent organization whose mandate is to assist and protect victims of conflict. It carefully guards its neutrality and does not desire to be associated with or dependent upon the military for fear of losing its special status in the international community that allows it to fulfill its mandate. Examples of IHOs include the—

  • International Organization for Migration (IOM).

  • International Committee of the Red Cross (ICRC).

  • IFRC.

1-27. A lead agency is mandated by the international community to initiate the cooperation of civilian organizations that volunteer to participate in an operation. The lead agency is normally a major UN agency, such as the UNHCR or the UNOCHA, and it—

• Acts as the point of contact (POC) for other agencies.

• Coordinates field activities to avoid duplicating effort and wasting resources.

1-28. A good working relationship can be established with NGOs, IOs, and IHOs through trust and understanding. The most effective way for military forces to understand an organization's knowledge, skills, and abilities is to establish and maintain a liaison with it. This understanding can also be gained through educating military leaders in military schools and courses.

1-29. The UN is involved in the entire spectrum of HA operations from prevention to relief. Typically, UN relief agencies establish independent networks to execute their humanitarian-relief operations. The UN system delegates as much as possible to agency elements located in the field, with supervisory and support networks traced from field officers back to UN headquarters. Military planners must be familiar with UN objectives to ensure compatibility with military plans and orders. The UN agencies include the United Nations Disaster Relieve Coordinator (UNDRC) and the UNHCR:

• UNDRC. It coordinates assistance to persons compelled to leave their homes because of disasters.

• UNCHR. It—

  • Provides international protection to refugees. It promotes the adoption of international standards for the treatment of refugees and supervises implementation of the standards.

  • Seeks permanent solutions for refugee problems. It facilitates voluntary repatriation and reintegration of refugees into their country of origin. Where practical, it facilitates their integration into a country of asylum or a third country.

  • Provides other activities that include emergency relief counseling, education, and legal assistance. These activities entail a very active role in monitoring human rights.

  • Helps governments meet their obligations concerning refugees under various international statues.

1-30. Three organizations make up the International Red Cross and Red Crescent Movement. They are the—

• IFRC. It provides relief operations to help victims of natural and man-made disasters. It has a unique network of national societies throughout the world. The IFRC is the umbrella organization for the ICRC.

• ICRC. It acts as a monitoring agent for the proper treatment of EPWs and other detained persons. It coordinates National Red Cross and Red Crescent Societies' international relief operations for victims of conflict. The ICRC reports violations of international humanitarian laws and promotes awareness and development of humanitarian laws among nations.

• National Red Cross and Red Crescent organizations.

NOTES:

1. These organizations are distinctly different and have separate mandates and staff organizations. Do not consider them to be one organization.

2. Red Crescent organizations are found in predominately Muslim countries. They have the same goals and missions as Red Cross organizations.

1-31. Although the ICRC is essentially Swiss, it has worldwide operations and acts as a neutral intermediary in armed conflicts. The ICRC ensures that conflict victims receive appropriate protection and assistance within the scope of the Geneva Conventions, their protocols, and the ICRC mandate. The ICRC undertakes protection and assistance activities for the benefit of detainees and civilian populations by—

• Visiting detainees and attempting, through confidential contacts, to ensure compliance with the Geneva Conventions.

• Supervising prisoner releases and exchanges.

• Providing emergency relief to civilians who are affected by an armed conflict or a natural disaster.

• Tracing individuals who are displaced because of an armed conflict or a natural disaster.

• Organizing family contacts and reunions.

1-32. The provisions of the Geneva Conventions are applicable to captives and detainees from the time they are captured until they are released or repatriated. AR 190-8 is the implementing regulation. When a person is captured during the heat of battle, he is entitled to protection as a detainee.

1-33. Detainees receive humane treatment without distinction of race, nationality, religious belief, political opinion, or similar criteria. Captives and detainees are not murdered, mutilated, tortured, or degraded. They are not punished for alleged criminal acts without previous judgment pronounced by a legally constituted court that has accorded them judicial guarantees which are recognized as indispensable to a fair trial. Individuals and capturing nations are responsible for acts committed against detainees if the acts violate the Geneva Conventions.

1-34. Captives and detainees are entitled to respect, and they are treated with honor and as human beings. They are protected against violence, insults, public curiosity, and reprisals. They are not subjected to physical mutilation or medical or scientific experimentation that is not required for normal medical, dental, or hospital treatment. Coercion is not inflicted on captives and detainees to obtain information. Those who refuse to answer are not threatened, insulted, or exposed to unpleasant or disadvantageous treatment. Female captives and detainees are treated with respect and accorded fair and equal treatment.

1-35. A neutral state or a humanitarian organization, such as the ICRC, is designated as a protecting power. The protecting power monitors whether detainees are receiving humane treatment as required by international law. Representatives or delegates of a protecting power are authorized to visit detainees where they are interned or confined and to interview them regarding their internment, welfare, and rights. The interview may be conducted without witnesses. Such visits cannot be prohibited except for imperative military necessity.

1-36. Basic US policy underlying the treatment of detainees and other captured or interned personnel during the course of a conflict requires and directs that all personnel be accorded humanitarian care and treatment from the moment of custody until their final release or repatriation. The US personnel are fully and equally bound to observe this policy whether capturing troops, custodial personnel, or anyone else, regardless of the capacity they may be serving. This policy is equally applicable for protecting detained and interned personnel whether they are known to have committed or are suspected of committing a serious offense that could be characterized as a war crime. The punishment of such persons is administered by the due process of law and under legally constituted authority. Inhumane treatment, even if committed under stress of combat and with deep provocation, is a serious and punishable violation under national law, international law, and the UCMJ.

1-37. The Geneva Conventions, comprised of four treaties, form part of the supreme law of the land and provide the internationally recognized humanitarian standards for the treatment of war victims. The US ratified the Geneva Conventions for the Protection of War Victims, 12 August 1949. It recognizes the spirit and intent of these treaties in its treatment of EPWs, CIs, and detained and interned persons. The Geneva Conventions became effective in 1956, and the US observes and enforces the terms of these conventions. They are collectively referred to as the Geneva Conventions and include the—

• GPW. This convention provides humane treatment of EPWs. It regulates the treatment of internees (care, food, clothing, and housing), discipline and punishment, labor and pay, external relations, representation, the international exchange of information, and the termination of captivity.

• GC. This convention deals with the protection for populations against the consequences of war, the status and treatment of protected persons, and the treatment of CIs.

• Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 12 August 1949 (GWS). This convention provides protection for members of the armed forces and other persons on the battlefield who are wounded or sick. Members in the conflict search for and collect wounded and sick persons, protect them against pillage and ill treatment, and ensure their adequate care. They also search for dead persons and prevent them from being despoiled.

• Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea, 12 August 1949 (GWS [SEA]). This convention provides humane treatment and protection for members of the armed forces and other persons at sea who are wounded, sick, or shipwrecked. It also protects hospital ships and burial at sea.

1-38. STANAG 2044 prescribes concepts and procedures for the control and administration of EPWs by US armed forces operating in Europe under operational control (OPCON) of the North Atlantic Treaty Organization (NATO), in coordination with one or more NATO allies, and supported by the doctrine contained in this manual. STANAG 2044 provides—

• Terms and definitions relating to EPWs.

• Procedures for using EPW personnel record forms.

• Procedures for handling EPWs, their personal property, and their money.

1-39. The Geneva Convention Relative to the Status of Refugees (1951) and its protocols (1967) provide a general, universally applicable definition of refugee. They address the minimum standards for the treatment of refugees, specifying the obligations of the host nation (HN) and the refugees to one another. Among the important provisions of the 1951 Convention is the principle of nonrefoulement (Article 33). The principle of nonrefoulement is often referred to as the cornerstone of international protection. This principle prohibits the return or expulsion of a refugee to the territory of a state where his life, freedom, or personal security would be in jeopardy. Through widespread practice, the principle is considered to be a rule of customary law, binding nations whether or not they are signatories.

1-40. The 1951 Convention also provides protection of refugees. A refugee has the right to safe asylum; however, international protection comprises more than physical safety. Refugees receive the same rights and help as any other foreigner who is a legal resident, including certain fundamental entitlements of every individual. Refugees have basic civil rights, including freedom of thought and movement and freedom from torture and degrading treatment. Similarly, refugees have economic and social rights. Every adult refugee has the right to work, and no child refugee is deprived of schooling. In certain circumstances, such as large-scale inflows of refugees, asylum states may feel obliged to restrict certain rights, such as freedoms of movement, work, and education. Such gaps should be filled by the international community when possible. When resources are unavailable from the government of the asylum country or other agencies, the UNHCR will assist.

NOTE: For further details, see the UNHCR Handbook for the Military on Humanitarian Operations, First Edition, 1995.