Law of War Handbook 2005

D. The Six Articles

1. 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."


2. Article I1 -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."


3. Article 111 - "If I am captured, I will continue to resist by all means available.
   I will make every effort to escape and aid others to escape. I will accept
   neither parole nor special favors from the enemy."

a.  An examples of continuing to resist by all means available included the

use of Box 25 (tap code) by Vietnam POWs (modified Morse Code)."'

A B C D E

F G H I J

L M N O P

Q R S T U

V W X Y Z

b. Is Art. I11 of the Code of Conduct inconsistent with POW status?lZ6

(l)No, even during escape attempt, once POW is outside detaining

powers immediate control, POW retains status but detaining power can

1978, he saw 617 American POW's. In 1979 Private First Class Robert Garwood, came home after 14 years as
a Prisoner of War. He was charged with wartime desertion, enemy collaboration, and other crimes. He was
found not guilty on all charges except collaboration. He was not debriefed on his knowledge of LIVE POW's
until 1985, six years after coming home. During his trial, his lawyer said "Bobby's biggest crime was that he
survived." As it is, Bobby Ganvood was a major embarrassment to two governments: the Socialist Republic of
Vietnam, for their claiming no living Americans remain involuntarily in their country, and to the US. for
believing them.

'" See Bobby D. Wagnor, Cotnm~~nication:the key element toprisoners of warsuwival, 23 AIR. UNIV. REV.
33 (May -June 1976). Box Code is also discussed in great detail in the PBS documentary "Return with
Honor."

Iz6 See generally, Elizabeth R. Smith, Jr., The Code 0ofCond~ct in Relation to International Law, 3 1 MIL. L.
REV. 85 (1966).

112
( 'liclptt~l 5
PUk!j ctntl /~~/(~I:IP(A