Enemy Prisoners of War/Detainees Flashcards
The term Enemy Prisoner of War (EPW) refers to
a detained person as defined in Articles 4 and 5 of the Geneva Convention. It is one who, while engaged in combat under orders of his or her government, is captured by the armed forces of the enemy
a prisoner of war may be, but is not limited to, any person belonging to one of the following categories who has 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.
Individuals who, on the approach of the enemy, spontaneously take up arms to resist invading forces
Other Detainee (OD) are what
individuals (frequently known simply as “detainees”) who are in the custody of the US Armed Forces but who have not been classified as an EPW. They shall be treated as EPWs until their legal status is ascertained by competent authority.
You are required to treat any prisoner in your custody in accordance with
the rules of the Geneva Convention
Initial Actions Upon Capture are
Search. Search Silence. Tag Segregate. Report Safeguard. Evacuate Speed. Segregate Tag. Safeguard
An EPW Search team consists of
a cover man and a search man
There are three types of searches
hasty, detailed, and strip search
When conducting a hasty search, the searcher quickly
pats down the EPW looking for any obvious weapons and/or documents and equipment.
Detailed Search is what
a more thorough search, made in a secure location or before transport of the EPW
A strip search is performed by
removing all clothing and objects from the EPW. It is an in-depth search that only qualified personnel (i.e., a Medical Officer or Human Intelligence [HUMINT)/Counterintelligence [CI] personnel) can perform.
Examples of items that an EPW may retain:
Items of identification such as military ID card, dog tags, or a letter of authorization, reflecting a civilian EPWs status as an individual permitted to accompany the armed forces in the field, should never be taken away from an EPW
Religious items and badges of rank and personal decorations may be retained by an EPW.
EPWs are also allowed to keep personal protective equipment, such as field protective mask, flak jacket, and helmet after they have been thoroughly searched
Example of items that EPWs may not retain:
Weapons.
Any item (e.g., a compass or map) which may facilitate escape.
EPWs should remain in possession of all articles of personal use such as
their clothing, food, and personal equipment.
Confiscating items with no military value can be characterized as
looting, which could be considered a violation of the Geneva Convention and the UCMJ.
All prisoners of war and retained persons will, at the time of capture, be
tagged using the appropriate forms