- Equality of treatment. Art. 16, GPW.@
5. Free maintenance and medical care. Art. 15, GPW.6S
6. Respect for person and honor (specific provision for female POWs
included)." Art. 14, GPW.
7. No Reprisals. Art. 13, GPW.
8. No Renunciation of Rights or Status. Art. 7, GPW
9. The Concept of the Protecting Power. Art. 8, GPW.67
10.Imrnunities for warlike acts, but not for pre-capture criminal offenses (i.e.,
Noriega), or violations of the law of war.68B. Capture -The 5 S's (Search, Silence, Segregate, Safeguard, Speed to the rear).69
Art. 13, 16,17,19,20 GPW.- Authority to detain can be expressly granted in the mission statement;
implied with the type of mission; or inherent under the self defenselforce
protection umbrella.
war against insults andpublic curiosity, INT'LREV.RED CROSS, No. 295, (July/Aug. 1993), at 288. This
article focuses on the issue of photographing prisoners of war.
Pictet, supra note 2, at 154.65 Id. at 152-53.
66 Id. at 142-52.
67 See Levie, at 262.
68 The GPW does not specifically mention combatant immunity. It is considered to be customary international
law. Moreover, it can be inferred from the cumulative affect of protections within the GPW. For example,
Article 13 requires that prisoners not be killed, and Article 11 8 requires their immediate repatriation after
cessation of hostilities. Although Article 85 does indicate that there are times when prisoners of war may be
prosecuted for precapture violations of the laws of the detaining power, the Official Commentary
accompanying Article 85 limits this jurisdiction to only two types of crimes. A prisoner may be prosecuted
only for (1) war crimes, and (2) crimes that have no connection to the state of war. See Corn and Smidt, supra
note 50 at n. 124.
69 DEP'TOF ARMY, FIELD MANUAL19-40, ENEMY PRISONERSOF WAR, CIVILIAN INTERNEES AND DETAINED
PERSON(Feb. 1976), at 12-4. An important component of the 5Ss often neglected is speed to the rear. EPWs
can be on the move for days before they reach their final camp. According to FM 19-40, the echelon having
custody of the EPW has responsibility to provide the prisoner sufficient rations during the move. Id., at 12-9.
See John L. Della Jacono, Desert Storm Team EPW, MILITARY POLICE (June 1992), at 7, for a d~scussion
of MP EPW operations dunng Operat~on Desert Storm.
94
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