ADA291458 : Department of Defense Program for Enemy Prisoners of War (EPOW). DoD DODD-2310.1

SORT: 2310.01

DOCI: DODD  2310.1

DATE: 19940818

TITL: DODD 2310.1 DoD Program for Enemy Prisoners of War (EPOW) and Other
Detainees (Short Title:  DoD Enemy POW Detainee
Program), August 18, 1994 ASD(ISA)


References:  (a) DoD Directive 5100.69, "DoD Program for Prisoners
of War and Other Detainees," December 27, 1972
(hereby canceled)
(b) Geneva Convention for the Amelioration of the
Condition of the Wounded and Sick in the Armed
Forces in the Field, August 12, 1949
(c) Geneva Convention for the Amelioration of the
Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea, August 12, 1949
(d) Geneva Convention Relative to the Treatment
of Prisoners of War, August 12, 1949
(e) Geneva Convention Relative to the Protection of
Civilian Persons in Time of War, August 12, 1949
(f) DoD Directive 5100.77, "DoD Law of War Program,"
July 10, 1979

A. REISSUANCE AND PURPOSE

This Directive:

1. Reissues reference (a) to update policy and responsibilities within
the Department of Defense for a program to ensure implementation of the
international law of war, both customary and codified, about EPOW, to
include the enemy sick or wounded, retained personnel, civilian internees
(CIs), and other detained personnel (detainees) .  Detainees include, but
are not limited to, those persons held during operations other than war.

2. Designates the Secretary of the Army as the Executive Agent for the
Department of Defense for the administration of the DoD EPOW Detainee
Program.

B. APPLICABILITY

This Directive applies to the Office of the Secretary of Defense
(OSD), the Military Departments, the Chairman of the Joint Chiefs of
Staff, the Unified Combatant Commands, and the Defense Agencies.  The term
`Military Services," as used herein, refers to the Army, the Navy, the Air
Force, the Marine Corps, and the Coast Guard when it is operating as a
Military Service in the Navy.

C. POLICY

It is DoD policy that:

1. The U.S. Military Services shall comply with the principles,
spirit, and intent of the international law of war, both customary and
codified, to include the Geneva Conventions (references (b) through (e)).

2. The U.S. Military Services shall be given the necessary training to
ensure they have knowledge of their obligations under the Geneva
Conventions (references (b) through (e)) and as required by DoD Directive
5100.77 (reference (f)) before an assignment to a foreign area where
capture or detention of enemy personnel is possible.

3. Captured or detained personnel shall be accorded an appropriate
legal status under international law.  Persons captured or detained may be
transferred to or from the care, custody, and control of the U.S. Military
Services only on approval of the Assistant Secretary of Defense for
International Security Affairs (ASD(ISA)) and as authorized by the Geneva
Conventions Relative to the Treatment of Prisoners of War and for the
Protection of Civilian Persons in Time of War (references (d) and (e))

4. Persons captured or detained by the U.S. Military Services shall
normally be handed over for safeguarding to U.S. Army Military Police, or
to detainee collecting points or other holding facilities and
installations operated by U.S. Army Military Police as soon as practical.
Detainees may be interviewed for intelligence collection purposes at
facilities and installations operated by U.S. Army Military Police.

D. RESPONSIBILITIES

1. The Under Secretary of Defense for Policy shall:

a. Have primary staff responsibility for the DoD EPOW Detainee
Program.

b. Ensure that the ASD(ISA) shall provide for overall development,
coordination, approval, and promulgation of major DoD policies and plans,
including final coordination of such proposed plans, policies, and new
courses of action with the DoD Components and other Federal Departments
and Agencies as necessary.

2. The Secretary of the Army, as the DoD Executive Agent for the
administration of the DoD EPOW Detainee Program, shall act on behalf of
the Department of Defense in the administration of the DoD EPOW Detainee
Program to:

a. Develop and provide policy and planning guidance for the treatment,
care, accountability, legal status, and administrative procedures to be
followed about personnel captured or detained by, or transferred from the
care, custody, and control of, the U.S. Military Services.

b. Provide for an EPOW and CI camp liaison and assistance program on
transfer of persons captured or detained by the U.S. Military Services.

c. Plan for and operate a U.S. EPOW and CI Information Center and its
branches.

d. Under the Geneva Conventions Relative to the Treatment of Prisoners
of War and for the Protection of Civilian Persons in Time of War
(references (d) and (e)), on the outbreak of an armed conflict, or when
persons are captured or detained by the U.S. Military Services in the
course of the full range of military operations, ensure that a
national-level information center exists that can fully serve to account
for all persons who pass through the care, custody, and control of the
U.S. Military Services.

e. Provide, in coordination with the ASD(ISA), appropriate reports to
the OSD, the Chairman of the Joint Chiefs of Staff, and information or
reports to other U.S. Government Agencies or Components, to include the
Congress of the United States, or to the International Committee of the
Red Cross.

f. Designate a single point of contact to provide necessary advice and
technical assistance to the ASD(ISA), the Military Departments, and the
Chairman of the Joint Chiefs of Staff.

g. Ensure that the Judge Advocate General of the Army, in coordination
with the Army General Counsel and the General Counsel of the Department of
Defense, provides legal guidance within the Department of Defense about
the DoD EPOW Detainee Program, to include review of plans and policies
developed in connection with the program, and coordination of special
legislative proposals and other legal matters with other Federal
Departments, Agencies, or Components.

3. The Secretaries of the Military Departments shall:

a. Develop internal policies and procedures consistent with this
Directive in support of the DoD EPOW Detainee Program.

b. Ensure that appropriate training, as required, under DoD Directive
5100.77 (reference (f)), is provided so that the principles of the Geneva
Conventions (references (b) through (e)), and obligations under them, are
known by members of their departments.

c. Ensure that suspected or alleged violations of references (b)
through (e) and other violations of the international law of war are
promptly reported to the appropriate authorities and investigated in
accordance with DoD Directive 5100.77 (reference (f)).

4. The Commanders of the Unified Combatant Commands shall:

a. Issue and review appropriate plans, policies, and directives as
necessary in consonance with this Directive.

b. Provide for the proper treatment, classification, administrative
processing, and custody of those persons captured or detained by the
Military Services under their command and control.

c. Ensure that suspected or alleged violations of references (b)
through (e) and other violations of the international law of war
are-promptly reported to the appropriate authorities and investigated in
accordance with reference (f)

d. Ensure that personnel deployed in support of the range of military
operations are cognizant of their obligations under references (b) through
(e), and, more generally, the law of war.

5. The Chairman of the Joint Chiefs of Staff shall:

a. Provide a review of plans, policies, and programs of Commanders of
Combatant Commands to ensure conformance with this Directive.

b. Ensure that appropriate planning documents provide for and use
intelligence estimates of numbers and rate of capture of EPOW, CIs, or
other detainees.

c. Ensure that operational exercises routinely test capabilities to
provide care, custody, and control of EPOW, CIs, and other detainees.

d. Ensure that a single point of contact is designated within the
Chairman's organization to act on the policy, politico- military, and
other issues involved in the execution of this Directive, and provide
necessary liaison with OSD and the Department of State, the Services, and
the Combatant Commands.

6. The Assistant to the Secretary of Defense for Public Affairs shall
monitor the public affairs aspects of the DoD EPOW Detainee Program,
provide public affairs policy guidance as appropriate, and provide
coordination of public affairs matters with other Federal Departments,
Agencies, or Components.

7. The Assistant secretary of Defense for Command. Control.
Communications. and Intelligence shall ensure that the Director of the
Defense Intelligence Agency shall:

a. Provide intelligence staff assistance in the review and development
of operational and contingency plans for military use in foreign military
or related operations, and support the effort to estimate the capture and
rate of EPOW, CIs, or other detainees.

b. Provide appropriate and timely information from the intelligence
community on policies and activities of foreign powers about their
nationals or others in the custody of U.S. or allied forces.

c. Develop and provide evaluated analysis of enemy organization and
policies designed to disrupt EPOW camp organizations through acts of
sedition or other attempts for disorder by EPOW or CIs interned or
otherwise in the custody of U.S. or allied forces.

d. Coordinate all intelligence and counterintelligence aspects of the
DoD EPOW Detainee Program with other DoD Components and Federal
Departments and Agencies as necessary.

E. EFFECTIVE DATE AND IMPLEMENTATION

This Directive is effective immediately.  Forward two copies of
implementing documents to the Under Secretary of Defense for Policy within
120 days; forward two copies of changes to existing implementing documents
within 90 days.

PROGRAM OBJECTIVES

A. To ensure obligations and responsibilities of the U.S. Government are
observed and enforced by the U.S. Military Services about EPOW, CIs, and
other detainees, throughout the range of military operations.

B. To ensure continuing policy development and planning for administration
of activities in time of peace and war and the formulation of special
legislative proposals where appropriate.

C. To provide for necessary liaison and technical advice or assistance to
allied detaining powers to monitor and report on the treatment of EPOW,
CIs, and others captured or detained by the U.S. Military Services,
including those who were transferred to the care, custody, and control of
the U.S. Military Services, and who are subsequently transferred to
another power in accordance with international law and the Geneva
Convention for Protection of Civilian Persons in Time of War or the Geneva
Convention Relative to the Treatment of Prisoners of War (references (e)
and (d)).

D. To ensure humane and efficient care and full accountability for all
persons captured or detained by the U.S. Military Services throughout the
range of military operations.


---------------------------------