a. The Status of Forces Agreement between the UN and Haiti for the UN
Mission in Haiti is an example of this policy: "The UN will ensure that
UNMIH cames out its mission in Haiti in such a manner as to respect
fully the principles and spirit of the general international conventions on
the conduct of military personnel. These international conventions
include the four Geneva Conventions, the Additional Protocols, and the
1954 Hague Cultural Property Convention."
C. JAs must ensure that Rules of Engagement are consistent with general LOW
targeting principles.
V. MOOTW AND CAPTURED PERSONNEL
A. Combatants Captured by U.S. Forces.
- U.S. policy is to treat all captured personnel in accordance with the
provisions of the Geneva Convention Relative to the Treatment of Prisoners
of War.
a. This policy is focused on ensuring such captives are "respected and
protected" in accordance with the spirit of the Convention.
b. U.S. forces will often lack the capability to comply with every detailed
provision of the PW Convention. JAs should bear in mind that these
provisions are not legally binding during MOOTW. Focus on ensuring a
"respect and protect" mentality among the force. Law by analogy
(application of GPW where possible) offers the solution to most MOOTW
detainee issues.
- Host nation personnel will normally be handed over to the legitimate
government, once such government is established or assumes fimctional
control of the country.
- Host nation law may offer a guide to treatment of detainees, during a
permissive or semi-permissive intervention. [e.g. Haiti].
B. Treatment of "Friendly" Personnel Detained by a Hostile Party: Convention on
the Safety of United Nations and Associated Personnel, Dec. 9, 1994,34 I.L.M.
842.
- Signed by 43 countries, including the U.S., as of May 1997. It entered into
force on 15 January 1999.
