Law of War Handbook 2005

(Jacob Rumans) #1
use all necessary means to prevent his successful escape, including
deadly force. Art. 5 & 42, GPW.

c.  Retained personnel exception: the requirement to escape does not apply to
doctors/chaplains.

d.  SRO can authorize temporary parole to perform acts that will materially
contribute to the welfare of the prisoner or fellow prisoner. FM 27-10,
para. 187b.


  1. Article IV -"If I become a Prisoner of War, I will keep faith with my fellow
    prisoners. I will give no information or take part in any action which might
    . be harmful to my comrades. If I am senior, I will take command. If not, I
    will obey the lawful orders of those appointed over me and will back them up
    in every way."


a.  SRO is the commander regardless of service branch.12'

b. By E.O. 1201 8, Retained Personnel cannot be SROs. Being an SRO
would be inconsistent with their retained status.


  1. Article V -"When questioned should I become a POW, I am required to give
    my name, rank, service number and date of birth. I will evade answering any
    further questions to the utmost of my ability. I will make no oral or written
    statements disloyal to my country and its allies or harmhl to their cause."


a.  POW Statements: Do they violate the Code?

(1)     USS PUEBLO crew detained after being seized in international waters
(physical torture). No Code violation.

(2)LT Zaun did not violate the Code of

(3)Key words are "resist" and to the "utmost of m~ ability."

12' See Donald L. Manes, Jr., Barbed Wire Comrnanrl.. The Legal Nature of the Command Responsibilities of
the Setzior Prisoner in a Prisoner of War Camp, 10 MIL. L. REV. 1 (1960), and John R. Brancato, Doctrinal
Deficiencies in Prisoner of War Command, AIRPOWERJ. (Spr. 1988), at 40, for some of the problems the SRO
faces during captivity.


Iz8 See also J. Jennings Moss, Iraq tortured all Atnericans captured," WASH. TIMES, Aug. 2, 1991, at Al;
Melissa Healy, Pentagon Details Abuse of American PO Ws in Iraq; Gulf War: Broken Bones, Torture, Sexual
Threats are Reported. It could spurfurther calls for War Crimes Trial, L.A. TIMES, Aug. 2, 1991, at Al; and
JOHN NORTON MOORE, CRlSIS IN THE GULF: ENFORCING THE RULE OF LAW 70 - 75 (1994), for accounts of
the abuse US. POWs were subjected to during the Gulf War.

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