b. We want our soldiers to receive POW treatment from our adversary
(Reciprocity).c. We may be wrong in our analysis, but one can rarely be criticized for
affording persons greater protections than they are otherwise entitled
(Public percepti~n).~~d. Various issues regarding detainees in operations other than war occurred
in Haiti,"S~malia,~~ and Bosnia-Herzegovina."111. PRIMARY PROTECTIONS PROVIDED TO PRISONERS OF WAR
A. Protections, "The Top Ten.'Ib0- Humane Treatment. Art. 1 3, GPWe61
- No medical experiments. Art. 13, GPW.62
- Protect from violence, intimidation, insults, and public curiosity. Art. 13,
GPWab3
56 See generally, US. v.Noriega, 808 F. Supp. 791 (S.D. Fla. 1992). Of note, the U.S. chose not to appeal the
decision.
57 See Larry Rohter, Legal Vacuum in Haiti is Testing US. Policy, N.Y. TIMES, Nov. 4, 1994, at A32. See
ALSO LAWAND MILITARYOPERATIONS IN HAITI, 1994-1995: LESSONS LEARNED FOR JUDGE ADVOCATES, 59
- 72, and App. R (1 1 Dec. 95)[hereinafter Haiti AAR].
58 See Memorandum, CDR, Unified Task Force Somalia, to All Subordinate Unified Task Force Commanders,
subj: Detainee Policy (9 Feb. 93).
59 See Office of the Legal Counsel to Chairman, Joint Chiefs of Staff, Information Paper, subj: Legal status of
aircrews flying in support of WROFOR (2 June 1995); Message, Joint StafUSECSTATE, subj: POW Status
of NATO Aircrews in Bosnia (2003432 Feb 94).
60 For an excellent discussion regarding the "Top Ten" protections, See Major Geoffrey S. Corn and major
Michael L. Smidt, "To Be or Not fo Be, That is the Question ", Contemporary Military Operations and the
Status of Captured Personnel, The Army Lawyer, DA PAM 27-50-3 19, June 1999.
6' The requirement that PWs must at all times be humanely treated is the basic theme of the Geneva
Conventions. Pictet, supra note 2, at 140. A good rule of thumb is to follow the "golden rule". That is, to treat
others in the same manner as you would expect to be treated or one of your fellow servicemembers to be
treated if captured. In other words, if you would consider the treatment inhumane if imposed upon one of your
fellow servicemembers, then it probably would violate this provision.
62 Pictet, supra note 2, at 140-41.
Trial of Lieutenant General Kurt Maelzer, Case No. 63, reprinted in UNITEDNATIONSWAR CRIMES
COMMISSION,XI LAW REPORTS OF TRIALSOF WAR CRIMINALS 53 (1949)(parading of American prisoners of
war through the streets of Rome). See Gordon Risius and Michael A. Meyer, Theprotection ofprisoners of
93
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