10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

In order to implement these obligations, as part of their initial processing, the recoveringor capturing unit should endeavor to obtain this information from each living POW. 119 POWswho, owing to their physical or mental condition, are unable to state their identity, shall behanded over to the medical service. 120Other sources of information should be used to establish the identity of the wounded,sick, shipwrecked, and dead. For example, items associated with the person (e.g., personaleffects, a life jacket bearing the name of the ship on which that person served) should beexamined, and other members of the person’s unit should be questioned.An examination of a deceased person’s body may also facilitate identification bygathering information that can be used to identify the person later (e.g., measurements anddescription of the body and its physical features, examination of the teeth, fingerprints,photograph, DNA samples). 121This examination should be conducted before burial orcremation. 1227.6.2 Forwarding Identifying Information. As soon as possible, the above mentionedidentifying information shall be forwarded to the National POW Information Bureau described inArticle 122 of the GPW, which shall transmit this information to the Power on which thesepersons depend through the intermediary of the Protecting Power and of the Central POWAgency. 1237.6.2.1 Military Necessity to Delay Reporting. As the phrase “as soon aspossible” reflects, reporting may be delayed due to practical considerations, including securityrisks. 1247.6.3 U.S. Practice in Reporting Through the ICRC Central Tracing Agency. In U.S.practice, information has been provided to the Theater Detainee Reporting Center, which in turnprocesses it and reports it to the National Detainee Reporting Center, which has then transmittedit to the ICRC Central Tracing Agency, acting as the Central POW Information Agency. 125119 Refer to § 9.8.4 (Accountability Information That POWs Are Bound to Provide Upon Questioning).120 Refer to § 9.8.4.1 (POWs Unable to State Their Identity).121 See GWS COMMENTARY 177 (“In the absence of papers recourse must be had to other methods which will makeit possible for the adverse Party itself to establish his identity, e.g. measurements and description of the body and itsphysical features, examination of the teeth, fingerprints, photograph, etc.”).122 Refer to § 7.7.4.1 (Examination of Bodies Before Burial or Cremation).123 GWS art. 16 (“As soon as possible the above mentioned information shall be forwarded to the InformationBureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August12, 1949, which shall transmit this information to the Power on which these persons depend through theintermediary of the Protecting Power and of the Central Prisoners of War Agency.”); GWS-SEA art. 19 (same).124 See, e.g., GWS-SEA COMMENTARY 138 (“A warship always has good reasons for communicating by radio aslittle as possible, and one cannot therefore expect it to transmit by that means sundry information about theshipwrecked or sick whom it may have picked up. It will delay doing so until it has arrived at a port in its homecountry, and the authorities on land will then have to notify the enemy.”).125 Refer to § 9.31.4 (U.S. Practice in Reporting to the ICRC Central Tracing Agency).429

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!