Law of War Workshop Deskbook - Higgins Counterterrorism ...

35 See Article 81, Geneva Convention Relative to the Treatment of Prisoners of War of July 27,1929, reprinted in, Pictet, at 683. See also DEP’T OF DEF., INST. 1000.1, IDENTITY CARDS REQUIREDBY THE GENEVA CONVENTION (30 January 1974).36 This is one of the most abused provisions of the Geneva Conventions. The last time this authorknows of this occurring was by the United States during World War I. During hostilities werepatriated 59 medical officers, 1,783 sanitary personnel, including 333 members of the German RedCross. FINAL REPORT OF GENERAL JOHN J. PERSHING HQ, AEF Sept. 1, 1919, reprinted in XVI THESTORY OF THE GREAT WAR (1920), at App., p. lvii.37 See I INTERNATIONAL COMMITTEE OF THE RED CROSS, COMMENTARY TO THE GENEVACONVENTION FOR AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCESIN THE FIELD 218 - 258 (Pictet ed. 1952)(Articles 24 - 28). See generally, ALMA BACCINO-ASTRADA,MANUAL ON THE RIGHTS AND DUTIES OF MEDICAL PERSONNEL IN ARMED CONFLICTS (ICRC, 1982)and Liselotte B. Watson, Status of Medical and Religious Personnel in International Law, JAG J. 41(Sep-Oct-Nov 1965).38 See Levie, at 82 - 84; Richard R. Baxter, So-Called 'Un privileged Belligerency': Spies, Guerrillas,and Saboteurs, MIL. L. REV. BICENTENNIAL ISSUE 487 (1975)(Special Ed.); Albert J. Esgain andWaldemar A. Solf, The 1949 Geneva Convention Relative to the Treatment of Prisoners of War: ItsPrinciples, Innovations, and Deficiencies, MIL. L. REV. BICENTENNIAL ISSUE 303 (1975)(SpecialEd.).39 See Memorandum, HQDA, DAJA-IA, 22 January 1991, SUBJECT: Distinction BetweenDefectors/Deserters and Enemy Prisoners of War. See also Levie, at 77 - 78; James D. Clause, TheStatus of Deserters Under the 1949 Geneva Prisoner of War Convention, 11 MIL. L. REV. 15 (1961);and, L.B. Schapior, Repatriation of Deserters, 29 BRIT. YB. INT’L L. 310 (1952).40 See John R. Cotton, The Rights of Mercenaries as Prisoners of War, 77 MIL. L. REV. 144 (1977).41 See Convention on the Safety of United Nations and Associated Personnel, G.A. Res. 49/59, 49U.N. GAOR Supp. (No. 49), at 299, U.N. Doc. A/49/49 (1994).42 DOD PERSIAN GULF REPORT, at 578.43 See, e.g., U.S. CENTRAL COMMAND, REGULATION 27-13, LEGAL SERVICES - CAPTURED PERSON:DETERMINATION OF ELIGIBILITY FOR ENEMY PRISONER OF WAR STATUS (7 Feb. 95), for guidanceabout, and procedures for, actually conducting, Article 5 tribunals.44 Note, the DoD Directive refers to the Geneva Conventions, not simply the one relating to EPWs.This supports the use of the GCC when more appropriate than the GPW: certain detainees. For athorough analysis of the rights afforded civilians along the operational continuum, see Richard M.Whitaker, Civilian Protection Law in Military Operations: An Essay, ARMY LAW. (Nov. 1996), at 3.45 See also Art. 4 & 27, GCC.46 See generally, U.S. v. Noriega, 808 F. Supp. 791 (S.D. Fla. 1992). Of note, the U.S. chose not toappeal the decision.47 Trial of Lieutenant General Kurt Maelzer, Case No. 63, reprinted in UNITED NATIONS WARCRIMES COMMISSION, XI LAW REPORTS OF TRIALS OF WAR CRIMINALS 53 (1949)(parading ofAmerican prisoners of war through the streets of Rome). See Gordon Risius and Michael A. Meyer,The protection of prisoners of war against insults and public curiosity, INT’L REV. RED CROSS, No.295, (July/Aug. 1993), at 288. This article focuses on the issue of photographing prisoners of war.48 See Levie, at 262.49 DEP'T OF ARMY, FIELD MANUAL 19-40, ENEMY PRISONERS OF WAR, CIVILIAN INTERNEES ANDDETAINED PERSON (Feb. 1976), at 2-4. An important component of the 5Ss often neglected is speedChapter 5Prisoners of War and Detainees96