MARITIME INTERNATIONAL LAW PART 33

YOUR SPECIFIC RIGHTS AND DUTIES AS A PRISONER OF WAR To read the entire series so far in order of occurrence click here:   http://americanadmiraltybooks2.blogspot.com/p/the-enduring-principals-of-maritime.html

  Under U.S. and International law all "captives and detainees" have the following rights and obligations:

1. You are bound to provide your captors your name, rank, and identification number. Note you are obligated to give your rank not your rating. Thus naval personnel would identify themselves as a "Petty Officer Second Class" vice "Gunner's Mate Second Class". On some classes of naval ships the enemy may be very interested in questioning certain ratings. Merchant marine personnel indicate whether they are "certified seamen" or "licensed officers". If pressed, revelation of ratings or specifics of a license is not prohibited for merchant marine personnel. 

2. All U.S. captives and detainees are required by U.S. law to avoid answering questions to the utmost of their ability.

3. Captors are obligated by international law to allow you to communicate the fact of your capture to U.S. authorities and your family in writing.


4. Captors are obligated by the Geneva Convention to allow visitation and inspection of POW camps by "supervising powers", that is neutral states and international humanitarian organizations such as the International Red Cross.


5. Captors are obligated by the Geneva Convention to treat captives and detainees humanely, refrain from the use of coercion in questioning, provide medical care for sick and wounded captives, and respect the personal property of captives and the rules for assignment of work captives.


6. Captives and detainees are obligated by U.S. law to keep faith with each other, back up the senior military prisoner as commander, maintaining a chain of command between and among the captives and detainees.


7. Captives and detainees are obligated by U.S. law to avoid making statements detrimental to the U.S. or admitting to any sort of crime. Under international law an admission to a "war crime" can be used to change the status of a prisoner of war or detainee to a criminal. Such prisoner may be legally removed from a POW camp , housed within the captor's criminal prison system, tried, imprisoned, or executed. It is always worth resisting any attempt to get you to make damaging statements of any sort.


8. Military captives and detainees are obligated by U.S. law to try and escape and/or assist others in trying to escape. Under international law, however, escape may not involve violence. However, peaceful evasive escape is recognized under international law as obligation of military personnel. Captors may not punish escape attempts beyond humane disciplinary measures such as isolated or higher security level confinement, withholding of true privileges but not humane basics.


9. U.S. law requires the senior military member of any U.S. group and /or detainees to take charge and speak for the group. all junior military personnel are obligated to back up their senior to the utmost of their ability. Non-military detainees should also submit to this "chain of command". If isolated from a military group, non -military prisoners should retain the "chain of command" from their merchant ship if applicable, or in a mixed civilian group elect a leadership system. If remixed with military prisoners later, any civilian group should subordinate itself to the senior allied military prisoner.


10. Commissioned officers may resist assignment of other than administrative work by captors. Non-commissioned officers may resist any but supervisory work. Such resistance helps maintain the internal prisoners chain of command and frustrates enemy efforts at destroying the chain of command and gaining a higher level of control over the prisoners. Such resistance is allowed under international law and encouraged under U.S. military law.


11. Military captives may not accept parole or special favors from the enemy. Detainees are well-advised to follow this policy as well with the possible exception of early repatriation.Non-military detainees, thought not critical to a war effort, may be repatriated at times prior to the cessation of hostilities. If early repatriation involves "strings" and "conditions" detainees are advised to avoid it.


12. All captives and detainees should recall that they are U.S. military members and/ or citizens and will be held accountable upon repatriation for their behavior while a prisoner.

           Enemy civilians that fall under your control must, by international and national law be protected from acts of violence, threats, and insults.  Enemy civilians may be moved or resettled if urgently required for military reasons. In any such move, action must be taken to insure their safety. The Geneva Conventions forbid retaliating against civilians for actions of enemy military personnel. Military personnel may not confiscate non-military items.

           JUNIOR PERSONNEL SHOULD REMEMBER THAT YOU CANNOT BE ORDERED TO COMMIT A CRIME.  YOU MAY USE FORCE TO PREVENT A WAR CRIME BUT DEADLY FORCE IS JUSTIFIED ONLY TO PROTECT LIFE AND ONLY UNDER CONDITIONS OF EXTREME NECESSITY AS A LAST RESORT. REPORT ANY CRIMINAL ACT IMMEDIATELY THROUGH YOUR CHAIN OF COMMAND.