Law of War Workshop Deskbook - Higgins Counterterrorism ...

a. CW2 Hall incident 91(1) Probable basis for repatriation: Art. 118(2) Art. 117 provides: “No repatriated person may be employed on activemilitary service.”- only applies to Art. 109,110 repatriations.b. Legally there is no problem going back to duty in S. Korea. 92 But does itmake common sense?V. CODE OF CONDUCT.A. The Air Force is the Executive Agent.B. The Joint Services SERE Agency (JSSA) implements the DoD Directive onCode of Conduct matters.C. History of U.S. POW Misconduct.1. First American POW “turncoat” occurred in Revolutionary War. Later, hewas convicted of treason. Republica v. M’Carty, 2 U.S. 86 (1781).2. U.S. War Dept G.O. 207 (1863) made it the duty of a soldier captured by theConfederates to escape.- Union soldiers collaborated with Confederates forces in Andersonville tostop tunneling attempts.3. In WW II, prisoners collaborated. U.S. v. Provoo, 124 F. Supp. 185(S.D.N.Y. 1954), rev’d, 215 F. Supp. 531 (2d Cir. 1954)(mistreatment offellow POWs and making radio broadcasts for Japanese).4. During the Korean War, a conservative estimate is 30% of U.S. personnelcollaborated to some degree with the enemy. 935. President Eisenhower issued E.O. 10631 creating the modern day concept ofthe Code of Conduct in response to Korean War POW conduct.6. Between 1955 and 1979 DoD issued guidance on the Code of Conduct fivetimes. 9489Chapter 5Prisoners of War and Detainees