CHAPTER 12 PRISONERS OF WAR The collection, evacuation, and guarding of enemy prisoners of war is a function of the Corps of Military Police of the Army. The Shore Patrol, however, may be charged with guarding such enemy prisoners of war, either at a fixed base or while traveling, until they can be delivered to proper Army authorities. TREATIES The status and treatment of enemy prisoners of war are carefully described in various treaties signed by most nations, including the United States. It is of the utmost importance that the Shore Patrol, when charged with the custody of prisoners of war, be thoroughly familiar with the provisions of these treaties. Violations of the provisions of such treaties are violations of the laws of the United States, and may lead to retaliation by an enemy against any of our people they may have captured. In addition such violations have a bad effect on public opinion, both in this country and foreign countries. Some of the more important provisions of the treaties in regard to prisoners of war follow: 1. Prisoners of war are in the power of the hostile Power (nation), but not of the individuals or corps who have captured them. 2. They must at all times be humanely treated and protected, particularly against acts of violence, insults, and public curiosity. 3. Any corporal punishment, any imprisonment in quarters without daylight and, in general, any form of cruelty, is forbidden. 4. Collective punishment for individual acts is also forbidden. 5. Measures of reprisal against them are prohibited. 6. Prisoners of war have the right to have their person and their honor respected. Women shall be treated with due regard to their sex. 7. Prisoners retain their full civil status. 8. The Power detaining prisoners of war is bound to provide for their maintenance. 9. Difference of treatment among prisoners is lawful only when it is based on the military rank, state of physical or mental health, professional qualifications, or sex of those who profit thereby. 10. Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, or else his regimental (serial) number. 11. If he infringes this rule, he is liable to have the advantage given to prisoners of his class curtailed. 12. No coercion may be used on prisoners to secure information relative to the condition of their army or country. Prisoners who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind whatever. 13. If, because of his physical or mental condition, a prisoner is unable to identify himself, he shall be turned over to the medical corps. 14. All effects and objects of personal use-except arms, horses, military equipment and military papersshall remain in the possession of prisoners of war, as well as metal helmets and gas masks. 15. Money in the possession of prisoners may not be taken from them except by order of an officer, and not until after the amount is determined. A receipt shall be given. Money thus taken shall be entered to the account of each prisoner. 16. Identification documents, insignia of rank, and decorations and objects of value may not be taken from prisoners. 17. The wearing of insignia of rank and decorations shall be permitted. 18. Prisoners of war shall be subject to the laws, regulations, and orders in force in the armies of the detaining Power. (Note.-Prisoners of war in the custody of the Navy are subject to the regulations in force in the Navy.) GENERAL HANDLING OF PRISONERS Soon after capture, enemy officers, petty officers, seamen, and civilians are separated into groups, and as far as possible these groups are kept apart. Naval intelligence authorities question all prisoners as soon as possible in order to collect information in regard to the enemy. While a prisoner does not have to give any information other than his name, rank or rate, and/or serial number, it has been found that many prisoners will talk freely immediately after capture, and give much valuable information. No pressure, however, may be put on them to persuade them to talk, if they do not wish to do so. Also, after capture, the prisoners are searched. Documents, papers, letters, charts, photographs, etc., are taken from them and marked with the owner's name and serial number, in order that the prisoner may be questioned at length in regard to them, after the material has been studied. Any such material that is personal in nature is returned to the owner after it has been studied. Prisoners are not allowed to retain anything that could be used as a weapon, for signaling, or to make good an escape. If you see such an article in the possession of a prisoner, take immediate steps to have it taken from him. Prisoners of war are entitled to the same food as that furnished to personnel of our Navy. They are also given the same medical care. The Shore Patrol, when prisoners of war are in their custody, must see that proper sanitary conditions are maintained. Ordinarily prisoners will be required to keep their own quarters clean, and this rule must be strictly observed. Any prisoner who does not co-operate must be cautioned, or put on report immediately. Prisoners Subject to Captor's Laws Prisoners are subject to the laws of the country in which they are held, and are liable for trial and punishment by courts martial. They are generally subject to disciplinary action by the Officer in Charge to the same extent and with the same limitations, privileges and immunities, as members of our own Armed Forces. The Shore Patrol has no more authority to punish a prisoner of war than it has to punish a member of our own Armed Forces, and under no circumstances will it do so. Where disciplinary action is necessary, it will proceed in the same manner as with United States military personnel. Prisoners of war are required to observe the regulations in force in their own service as regards military courtesy. In addition they will stand and face the music when the national anthem is played, and will come to attention for colors. They must salute all commissioned officers of the Armed Forces. Officer prisoners will salute only officers of equal or higher rank, but will return all salutes. Prisoners at work, or in formation, will not salute, but will come to attention when addressed by an officer. When an officer enters a room, prisoners will uncover and come to attention. Courtesy It is important that requirements as to courtesy be enforced when dealing with enemy prisoners. Most foreign nations have codes of discipline that are far more strict than ours, and prisoners will be apt to feel they can get away with increasingly serious infractions of discipline when minor points are not enforced from the beginning. Prisoners of war must be accorded all their rights, and they may not be mistreated or insulted, but they must be made to behave properly, and must act in strict accordance with the rules we have established for their conduct. Avoid Friendliness Do not become friendly with prisoners. This point cannot be overemphasized. Experience in two World Wars has taught us that prisoners of war will cause serious trouble if the standards of discipline to which they are accustomed in their own service are not enforced. Treat prisoners fairly and decently, but see that they obey all regulations. They are not to be abused or insulted. No one, unless specially authorized, is permitted to hold conversation with prisoners, except in line of duty. Nor should they be given candy, cigarettes, etc., as gifts. They are to receive only what is officially issued to them. Prisoners of war must not be permitted to mistreat one of their own number. This sometimes happens when they believe that one man has given military information to our intelligence authorities, or when one man is of a different racial group or political party. During World War II the Nazis among German prisoners often mistreated non-Nazis. If you see anything of this sort, stop it immediately, and report the incident and the men concerned at once. It is entirely possible that valuable information may be procured from the man who is being mistreated, if he feels that he will not be subject to revenge from the other prisoners. Fascist and communist countries have the habit of forcing almost anyone who is physically fit into their armed forces during war. |