Law of War Handbook 2005

(Jacob Rumans) #1
implement regulations on the procedures for handling and retaining
battlefield objects.


  1. Rewards for the capture of EPWs are permissible, but they must avoid even
    the hint of a "wanted dead or alive" mentality."

  2. What can I ask an EPW? ANYTHING!!


a.  All POWs are required to give: (Art. 17, GPW)

(1)Surname, first name;

(2) Rank;

(3)Date of birth; and,

(4)Serial number.

b. What if an EPW rehses to provide his rank? Contin~~e to treat as POW:
an E-1 POW.8o

c.  No torture, threats, coercion in interrogation (Art. 17, GPW). It's not
what you ask but how you ask itss1

legislation is poorly written. Art. 18, GPW prohibits ths. Only enemy public property may be seized. Enemy
public property frequently includes property of a soldier used for his personal use (i.e. TA-50, a weapon).
That type of property is different than a soldier's personal property.
" The US. issued an offer of reward for information leading to the avvrehension of General Noreiga.
Memorandum For Record, Dep't of Amy, Office of the Judge Advocate General, DAJA-IA, subj: Panama
Operations: Offer of Reward (20 Dec. 1989).This is distinct from a wanted "dead or alive" type award offer
prohibited by the Hague Regulations. See FM 27-10, y3 1 (interpreting HR, art. 23b to prohibit "putting a
price upon an enemy's head, as well as offering a reward for an enemy 'dead or alive."').


So GPW, art. 17, para. 2. See also Pictet, at 158 - 9.
15 UNITED NATIONS WAR CRIMES COMMISSION, LAW REPORTS OF TRIALSOF WAR CRIMINALS 101 n. 4
(1949) See Stanley J. Glod and Lawrence J. Smith, Interrogation Under the 1949 Prisoners of War
Convention, 21 Mil. L. Rev. 145 (1963); I11 COMMENTARY, supra, at 163 - 4; Levie, at 106 - 109.
There may be tensions between the military police and the military intelligence communities in this area,
especially in operations other than war. The Army has charged the military police branch with responsibility
for administering EPWs and Civilian Internees. See Chapter 1, AR 190-8; DEP'T OF THE ARMY, REGULATION
190-57, MILITARY POLICE:CIVILIAN INTERNEE -ADMINISTRATION, EMPLOYMENT, AND COMPENSATION(4
Mar. 1987); and FM 19-40. Military Police units use these regulations as their guide in MOOTW. Both
regulations prohibit any physical or moral coercion. See AR 190-47, para. 1-5; AR 190-8, para. 1-5d. See
also FM 19-40, para. 1-13d. However, prisoners of war provide a prime resource of intelligence information.
See DOD PERSIAN GULF REPORT, at 585 -586, and Haiti AAR, at 53 -56. Consequently, military intelligence
personnel use various inteniew techniques to acquire information. See, e.g., DEP'TOF THE ARMY, FIELD
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