- The protection and treatment rights, as well as the obligations begin "..
.[F]rom the time they fall into the power of the enemy.. ."'"Art. 5, GPW). - EPWs can be secured with handcuffs (flex cuffs) and blindfolds, as well as
shirts pulled down to the elbows, as long as it is done humanely (can't be for
humiliationlintirnidationpurposes).
a. Protect against public curiosity.(1)Art. 13 does not per se prohibit photographing an EPW. Photos may
not degrade or humiliate an EPW. In addition, balance harm to an
EPW and family against news media value. Bottom line: strict
guidelines required."(2)This is in stark contrast to Iraq and North Vietnam's practice of
parading POWs before the news media.b. POW capture tags. All POWs will, at the time of capture, be tagged using
DD Form 2745."- Property of Prisoners. (Art. 18, GPW)
70 During Desert Storm some Iraqi Commanders complained that the Coalition forces did not fight "fair"
because our forces engaged them at such distances and with such overwhelming force that they did not have an
opportunity to surrender. Additionally, some complained that they were merely moving into position to
surrender. However, the burden is upon the surrendering party make his intentions clear, unambiguous, and
unequivocal to the capturing unit. In the case of United States v. Grzffen, 39 C.M.R. 586 (A.B.R. 1968),pet.
denied, 39 C.M.R. 293 (C.M.A. 1968), a general court-martial convicted an Army staff sergeant of murder for
lulling a Vietnamese prisoner of war on the order of his platoon leader.
7' See DEP'TOF DEF.,FINALREPORT TO CONGRESS: CONDUCT OF THE PERSIAN GULFWAR(April 1992), at
61 8. DEP'TOF ARMY,REGULATION,ENEMYPRISONERS OF WARADMINISTRATION,EMPLOYMENT, AND
COMPENSATION 7 2-15 (2 Dec 85) provides:
a. EPW will not be photographed except in support of medical documentation, for official
identification, or for other purposes described in this regulation.
b. Interviews of EPW by news media will not be permitted. For purposes of this regulation
the term "interview" includes any medium whereby prisoners release information or
statements for general publication. It includes, but is not limited to, the taking of still or
motion pictures concerning EPW for release to the general public, and telephone, radio, or
television interviews or appearances, or mailing material apparently for distribution to the
general public.
Additionally, AR 190-8 provides: "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 Interment Facility
commander's chain of command. AR-190-8 at 1-5(4)(d).
72 AR 190-8 at 2-l.a.(l)(b)and (c).