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under Article 105 of the Uniform Code of Military Justice regarding misconduct towards fellowPOWs. 934 The senior POW in command is not necessarily the POW Representative. 935 In POWcamps containing only enlisted personnel, the POW Representative is elected. 9369.39.1.5 Code of Conduct – Article V.When questioned, should I become a prisoner of war, I am required to give name,rank, service number and date of birth. I will evade answering further questionsto the utmost of my ability. I will make no oral or written statements disloyal tomy country and its allies or harmful to their cause.Article V of the Code of Conduct reflects the obligations of the POW to provideaccountability information. 937 The Detaining Power may have further obligations to collectadditional accountability information relating to POWs. 938Article V of the Code of Conduct also underscores one aspect of Article 104 of theUniform Code of Military Justice regarding aiding the enemy by specifically forbidding oral orwritten statements disloyal to the United States or harmful to its cause. 9399.39.1.6 Code of Conduct – Article VI.I will never forget that I am an American, fighting for freedom, responsible formy actions, and dedicated to the principles which made my country free. I willtrust in my God and in the United States of America.pulled him through. They exhibited true fraternal spirit comradeship, military pride. These soldiers did not let eachother down. Nor could the Korean Reds win much cooperation from them.”).934 See DEPARTMENT OF THE ARMY PAMPHLET 27-161-2, II International Law, 99-100 (Oct. 23, 1962) (“Theprovisions of the Code of Conduct are not as restrictive in their application as in Article 105(1), U.C.M.J. There isno requirement that the act be motivated by the desire to secure favorable treatment or that an actual detriment beinflicted on the other PWs as a direct result of the act.”).935 See DOD INSTRUCTION 1300.21, Code of Conduct (CoC) Training and Education, E2.2.4.1.6 (Jan. 8, 2001)(“U.S. policy on POW camp organization requires that the senior military POW assume command. The GenevaConvention on POWs (reference (g)) provides additional guidance to the effect that in POW camps containing onlyenlisted personnel, a prisoners’ representative shall be elected. POWs should understand that such an electedrepresentative is regarded by U.S. policy as only a spokesperson for the senior POW. The prisoners’ representativedoes not have command, unless the POWs elect the senior POW to be the prisoners’ representative. The seniorPOW shall assume and retain actual command, covertly if necessary.”).936 Refer to § 9.24.2.3 (Places Without Officer POWs).937 Refer to § 9.8.4 (Accountability Information That POWs Are Bound to Provide Upon Questioning).938 Refer to § 9.31.1.1 (Difference Between the Accountability Information the Detaining Power Must Seek and theInformation the POW Must Provide).939 DEPARTMENT OF THE ARMY PAMPHLET 27-161-2, II International Law, 99 (Oct. 23, 1962) (“The Uniform Codecontinues to apply to an American serviceman after his capture by the enemy. A prisoner of war is often in a betterposition then before capture to ‘aid the enemy.’ The Code of Conduct underscores one aspect of Article 104U.C.M.J. by specifically forbidding oral or written statements disloyal to the U.S. or harmful to its cause. Suchstatements may materially aid the enemy in its propaganda efforts.”).642

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