Fundamentals of Internment/Resettlement Operations
Part One provides information
that is critical in understanding the I/R function. Chapter
1 introduces the manual by providing key definitions, establishing the I/R
objectives and principles, and providing a list of agencies concerned with I/R
operations. Chapter 2 describes commander and staff
responsibilities that are unique to I/R operations. Together, these chapters
provide leaders and soldiers with the foundation necessary for successful implementation
of national military objectives as they relate to I/R operations.
This chapter provides key definitions
as set forth by the Geneva and Hague Conventions, Army regulations (ARs), and
the Uniform Code of Military Justice (UCMJ). These definitions explain personnel
categories that the MP commander may be tasked to handle, protect, and account
for. He must ensure that personnel are treated according to established laws,
regulations, and international agreements. The MP leaders and soldiers conducting
I/R operations must maintain task proficiency for each category.
1-1. Unlike EPW/CI operations in the
past, I/R operations include additional detained persons. The I/R operations
include handling, protecting, and accounting for dislocated civilians (DCs)
and conducting battlefield confinement of US military prisoners. With the alignment
of these additional categories, leaders and soldiers must ensure that they understand
and are prepared to apply the rules of engagement (ROE) and the rules of interaction
(ROI) that apply to each category. The keys to a successful I/R operation are
getting the mission accomplished and performing the mission under the correct
mind-set. For example, the ROE that may apply to an EPW may not apply to a refugee
or a US military prisoner. However, an MP may be tasked to handle each category
during the course of an operation. This dimension is addressed throughout the
manual to increase the MP commander's situational awareness (SA) as it relates
to this aspect of I/R operations.
1-2. The following terms are defined below:
Combat zone (CZ).
Retained person (RP).
Other detainee (OD).
US military prisoner.
1-3. The CZ is the area required by combat forces to conduct
operations. It normally extends forward from the land force's rear boundary.
The communications zone (COMMZ) is the rear part of the theater of operations
(TO). It is behind and contiguous to the CZ. The COMMZ contains lines of communication
(LOC), supply and evacuation areas, and other agencies required for the immediate
support and maintenance of field forces. It reaches to the continental United
States (CONUS), to a supporting combatant command's area of responsibility (AOR),
or to both. An EPW must be moved as quickly as possible from the CZ to the COMMZ
where an I/R unit interns him.
NOTE: For a complete discussion
on the operational framework of a CZ, see FM 3-0.
ENEMY PRISONER OF WAR
1-4. As defined in the Geneva Convention Relative to the
Treatment of Prisoners of War (GPW), 12 August 1949, an EPW
A member of an enemy armed
force or a member of a militia or a volunteer corps forming part of an enemy
A member of a militia or a
volunteer corps (including an organized resistance movement) that (1) belongs
to an enemy power, (2) operates in or outside its own territory (even if the
territory is occupied), and (3) fulfills the following conditions:
The organization is commanded by a person
responsible for his subordinates.
The organization has a
fixed, distinctive sign that is recognizable at a distance.
The members are carrying
The organization is conducting
operations according to the laws and customs of war.
A member of an enemy armed
force who professes allegiance to a government or an authority not recognized
by the detaining power (the US).
A person who accompanies an
enemy armed force without actually being a member (a civilian member of a
military aircraft crew, a war correspondent, a supply contractor, a member
of a labor unit, or a member of a service that is responsible for enemy welfare)
if he has authorization and an identification (ID) card from the armed force.
A crew member (a master, a
pilot, or an apprentice of a merchant marine or a member of a civil aircraft
under the enemy's power) who does not benefit from more favorable treatment
under other provisions of international law.
Inhabitants of an unoccupied
territory who spontaneously take up arms to resist invading US armed forces
(without having time to form themselves into a regular armed unit) if they
carry arms openly and respect the laws and customs of war.
1-5. The following persons are treated
A person who qualifies for
EPW status under paragraph 1-4 (if the US is a party to the conflict) and
falls into the hands of the US as a neutral or nonbelligerent power.
A person belonging to or having
belonged to an armed force of a country occupied by the US (if the US considers
it necessary by reason of such allegiance to intern him) even though he may
have been originally liberated from EPW status by the US while hostilities
were going on outside the occupied territory. Particular application is made
to a person who has made an unsuccessful attempt to join an armed force that
is engaged in combat or who has failed to comply with a summons for internment.
1-6. Captured enemy personnel are
presumed to be EPWs immediately upon capture if the circumstances are unmistakable
(armed, uniformed enemy). If questions arise as to whether captured personnel
belong in the EPW category, they receive the same treatment as EPWs until their
status is determined by a competent military tribunal according to AR 190-8.
1-7. A CI is a person who is interned during armed conflict
or occupation if he is considered a security risk or if he needs protection
because he committed an offense (insurgent, criminal) against the detaining
power. A CI is protected according to the Geneva Convention Relative to the
Protection of Civilian Persons in Time of War (GC), 12 August 1949.
1-8. An RP is an enemy who falls within one of the following
A person who is a member of
the medical service of an enemy armed force.
A medical person exclusively
Searching, collecting, transporting, or
treating wounded or sick personnel.
Administering a medical
unit or establishment.
A chaplain attached to an enemy
A member of the International
Federation of Red Cross and Red Crescent Societies (IFRC) or another voluntary
aid organization. The organization must be duly recognized and authorized
by its government. The staff may be employed in the same duties as medical
personnel if the organization is subject to military laws and regulations.
1-9. An RP is a special category for
medical personnel and chaplains because of their special skills and training.
They may be retained by the detaining power (see FM 27-10) to aid EPWs, preferably
those of the armed force to which the RP belongs. Per the Geneva Conventions,
RPs receive the same benefits and protection as EPWs. The following privileges
and considerations are extended to RPs due to their professions:
Correspondence privileges that
are over and above those afforded to EPWs.
Facilities to provide medical
care, spiritual assistance, and welfare services to EPWs.
Transportation for periodic
visits to EPW branch I/R facilities and hospitals outside the EPW I/R facility
to carry out medical, spiritual, and welfare duties.
Work assignments that are restricted
to medical and religious duties they are qualified to perform.
Quarters that are separate
from EPW quarters when practicable.
NOTE: For a complete discussion
on RPs, see AR 190-8.
1-10. A person in the custody
of US armed forces who has not been classified as an EPW (Article 4, GPW), an
RP (Article 33, GPW), or a CI (Article 78, GC) is treated as an EPW until a
legal status is ascertained by competent authority.
1-11. A DC is a civilian who left his home for various reasons.
His movement and physical presence can hinder military operations. He most likely
requires some degree of aid (medicine, food, shelter, or clothing). A DC may
not be native to the area (local populace) or to the country where he resides.
A DC is a generic term that is further subdivided into the following categories:
DP has been dislocated because of war, a natural disaster, or political/economic
turmoil. Consequently, the motivation for civilians to flee and their status
under international and domestic laws vary, as does the degree of assistance
required and the location for relief operations. Likewise, the political,
geographical, environmental, and threat situations also vary.
The Geneva Convention Relative to the Status of Refugees (1951) states that
a refugee is a person who "owing to a well-founded fear of being persecuted
for reasons of race, religion, nationality, membership in a particular social
group, or political opinion, is outside the country of his nationality, and
is unable to or, owing to such fear, is unwilling to avail himself of the
protection of that country."
An evacuee is a civilian who is removed from his place of residence by military
direction because of personal security or other requirements of the military
A stateless person is a civilian who has been denationalized, whose country
of origin cannot be determined, or who cannot establish his right to nationality
A war victim is a civilian who suffered an injury, a loss of a family member,
or damage to or destruction of his home because of war.
A migrant is a worker who moves from one region to another by chance, instinct,
IDP may have been forced to flee his home for the same reasons as a refugee,
but he has not crossed an internationally recognized border.
An expellee is a civilian who is outside the boundaries of his country of
nationality or ethnic origin and is being forcibly repatriated to that country
or a third country for political or other purposes.
UNITED STATES MILITARY PRISONER
1-12. A US military prisoner is sentenced by a court-martial
to confinement or death and ordered into confinement by competent authority,
whether or not the sentence has been approved by the convening authority. A
person placed into confinement by competent authority pending trial by court-martial
is a pretrial prisoner or a pretrial detainee.
1-13. The objectives of I/R operations are to process, handle,
care for, account for, and secure—
US military prisoners.
1-14. The principles employed to achieve the objectives are according
to the Hague Convention (1907), the Geneva Conventions (1949), the Geneva Convention
Relative to the Status of Refugees (1951) and its protocol (1967), and current
STANAGs. These principles include—
Humane treatment and efficient
Prompt evacuation from the
Provisions for captive or detainee
Procedures for evacuation,
control, and administration of internees with other CS and combat service
support (CSS) operations.
NOTE: The principles employed
for US military prisoners are outlined in AR 190-47 and Department of Defense
(DOD) Directive 1325.4.
1-15. The expanded MP functions of I/R involve certain international
and domestic organizations not previously considered during MP operations. There
are numerous private relief organizations, foreign and domestic, that are involved
in humanitarian relief and I/R operations. Likewise, the media normally provides
extensive coverage of I/R operations. In many instances, the DOD will not be
the lead agency in I/R operations, which adds to the complexity. For instance,
the DOD could be tasked in a supporting role, with the Department of State (DOS)
or another agency in the lead.
DEPARTMENT OF DEFENSE
1-16. Under the Geneva Conventions
and subsequent protocols, a capturing power is responsible for proper and humane
treatment of detainees from the moment of capture or other apprehension. The
Secretary of the Army is the executive agent for DOD I/R operations and administration.
He is responsible for plans, policy development, and operational coordination
for persons captured and interned by US armed forces. Navy, Marine, and Air
Force units that detain or capture persons turn them over to the Army at designated
receiving points after initial classification and administrative processing.
1-17. Per DOD Directive 3025.1, the
Secretary of the Army tasks DOD components to plan and commit DOD resources
in response to requests for military support from civil authorities. The Director
of Military Support (DOMS) provides leadership in this effort.
1-18. Examples of DOD decision makers
are the Under Secretary of Defense (USD) for Policy and the Deputy Assistant
Secretary of Defense (DASD) for Humanitarian and Refugee Affairs (H&RA).
The USD for Policy develops and administers military policies and programs for
international HA and foreign relief operations. The DASD for H&RA executes
the policies and tasks the services accordingly.
DEPARTMENT OF STATE
1-19. The DOS is organized into functional
and regional bureaus. It represents the US via embassies throughout the world.
FEDERAL EMERGENCY MANAGEMENT
1-20. Per the Stafford Act, the federal
government responds to disasters and emergencies to save lives and protect public
health, safety, and property. The Federal Emergency Management Agency (FEMA)
is responsible for the nation's emergency management system. Local and state
programs are the heart of the nation's emergency management system, and most
disasters are handled by local and state governments. When devastations are
especially serious and exceed local and state capabilities and resources, states
turn to the federal government for help.
1-21. When the President declares
a major disaster, FEMA coordinates response activities for federal agencies
that may participate. The agencies help states and localities recover from disasters
by providing services, resources, and personnel. They transport food and potable
water, provide medical aid, assist with temporary housing, and furnish generators
for hospitals and other essential facilities. The FEMA also works with states
and territories during nondisaster periods to plan for disasters, develop mitigation
programs, and anticipate requirements.
1-22. The Federal Response Plan addresses the consequences of
disasters and emergencies. It applies to natural disasters (earthquakes, hurricanes,
typhoons, tornadoes, and volcanic eruptions), technological emergencies (radiological
and hazardous material [HM] releases), and other incidents. The plan describes
the basic mechanisms and structures to mobilize resources and conduct activities
that augment state and local efforts. It uses a functional approach to group
the types of federal assistance that a state is most likely to need under emergency
support functions (ESFs). Each ESF is headed by a primary agency based on its
authorities, resources, and capabilities in the functional area. The ESFs are
the primary mechanisms through which federal assistance is provided. Federal
assistance is provided to affected states under the overall coordination of
a federal coordinating officer, who is appointed by the FEMA director on behalf
of the President.
1-23. Other federal agencies provide
advice, assistance, and resources to plan, implement, and accomplish I/R operations.
They are the—
Department of Transportation
(DOT). Its technical capabilities and expertise in public transportation
are available to assist in specific operations.
United States Department
of Agriculture (USDA). It has projects and activities ongoing in
foreign countries and provides technical assistance and expertise.
United States Agency
for International Development (USAID). Although not directly under
the control of DOS, USAID coordinates activities at the department and country
levels within the federal government.
Office of Foreign
Disaster Assistance (OFDA). It provides prompt nonmilitary assistance
to alleviate death and suffering of foreign disaster victims. The OFDA may
request DOD assistance for I/R operations. The coordination and determination
of forces required is normally accomplished through DOD and the joint task
United States Information
Agency (USIA). The USIA helps achieve US objectives by influencing
public attitudes overseas. It advises the US government on the possible impacts
of policies, programs, and official statements on foreign opinions. The USIA
helps HA forces gain popular support and counters attempts to distort and
frustrate US and JTF objectives.
Department of Justice
(DOJ). The I/R forces may contact the DOJ Community Relations Service
for assistance in domestic HA operations. It provides on-site resolution assistance
through a field staff of mediators and negotiators.
Public Health Service
(PHS). It promotes protection and advancement of the nation's physical
and mental health. The US forces work with the PHS during refugee operations
in and near the US and its territories.
Immigration and Naturalization
Service (INS). It provides information and services to the public
while enforcing immigration control. The INS is essential for processing and
settling migrants and refugees in the US and its territories.
1-24. Civilian organizations are responsible for a wide range
of activities encompassing HA; human rights; the protection of minorities, refugees,
and DPs; legal assistance; medical care; reconstruction; agriculture; education;
arts; science; and project funding. The commander must understand the mandate,
role, structure method, and principles of civilian organizations. Without this
understanding, it is impossible to establish an effective relationship with
1-25. These organizations may already
be in the area of operations (AO), providing HA or some type of relief when
I/R operations are planned and implemented. The principle coordinating federal
agency is the USAID, and civilian organizations are required to register with
the USAID to operate under US auspices.
Types of Civilian Organizations
1-26. There are three principle types
of civilian organizations:
(IO). An IO is established
by intergovernmental agreements and operates at the international level. Examples
of IOs include the—
United Nations (UN).
United Nations High Commissioner
for Refugees (UNHCR).
United Nations Development
United Nations Office
for the Coordination of Humanitarian Affairs (UNOCHA).
World Food Program (WFP).
(NGO). An NGO is a voluntary
organization that is not funded by a government. It is primarily a nonprofit
organization that is independent of a government, an IO, or a commercial interest.
It is legally different than an IO because it writes its own charter and mission.
The NGOs are increasingly numerous and sophisticated,
and they can number in the hundreds in any conflict. They remain strongly
independent from political control to preserve their independence and effectiveness.
In many cases, their impartiality has been of great benefit, forming the only
available means of rebuilding relations when political dialog has broken down.
They are often highly professional in their field and extremely well motivated
and prepared to take physical risks in appalling conditions. Examples of NGOs
Save the Children Foundation (SCF).
Médecin Sans Frontiéres
(Doctors Without Borders) (MSF).
Catholic Relief Services
National Council of Catholic
An NGO is mandated or nonmandated:
Mandated. A mandated NGO has been officially recognized
by the lead IO in a crisis and has been authorized to work in the affected
A nonmandated NGO has no official recognition or authorization and, therefore,
works as a private concern. A nonmandated NGO can be subcontracted by an
IO or a mandated NGO. It can also obtain funds from private enterprises
organization (IHO). An IHO is an
impartial, neutral, and independent organization whose mandate is to assist
and protect victims of conflict. It carefully guards its neutrality and does
not desire to be associated with or dependent upon the military for fear of
losing its special status in the international community that allows it to
fulfill its mandate. Examples of IHOs include the—
Civilian Lead Agencies
1-27. A lead agency is mandated by the international community
to initiate the cooperation of civilian organizations that volunteer to participate
in an operation. The lead agency is normally a major UN agency, such as the
UNHCR or the UNOCHA, and it—
Understanding Civilian Organizations
1-28. A good working relationship
can be established with NGOs, IOs, and IHOs through trust and understanding.
The most effective way for military forces to understand an organization's knowledge,
skills, and abilities is to establish and maintain a liaison with it. This understanding
can also be gained through educating military leaders in military schools and
1-29. The UN is involved in the entire
spectrum of HA operations from prevention to relief. Typically, UN relief
agencies establish independent networks to execute their humanitarian-relief
operations. The UN system delegates as much as possible to agency elements located
in the field, with supervisory and support networks traced from field officers
back to UN headquarters. Military planners must be familiar with UN objectives
to ensure compatibility with military plans and orders. The UN agencies include
the United Nations Disaster Relieve Coordinator (UNDRC) and the UNHCR:
INTERNATIONAL RED CROSS AND RED
1-30. Three organizations make up
the International Red Cross and Red Crescent Movement. They are the—
provides relief operations to help victims of natural and man-made disasters.
It has a unique network of national societies throughout the world. The IFRC
is the umbrella organization for the ICRC.
acts as a monitoring agent for the proper treatment of EPWs and other detained
persons. It coordinates National Red Cross and Red Crescent Societies' international
relief operations for victims of conflict. The ICRC reports violations of
international humanitarian laws and promotes awareness and development of
humanitarian laws among nations.
National Red Cross and Red
1. These organizations are
distinctly different and have separate mandates and staff organizations. Do
not consider them to be one organization.
2. Red Crescent organizations
are found in predominately Muslim countries. They have the same goals and missions
as Red Cross organizations.
1-31. Although the ICRC is essentially
Swiss, it has worldwide operations and acts as a neutral intermediary in armed
conflicts. The ICRC ensures that conflict victims receive appropriate protection
and assistance within the scope of the Geneva Conventions, their protocols,
and the ICRC mandate. The ICRC undertakes protection and assistance activities
for the benefit of detainees and civilian populations by—
Visiting detainees and attempting,
through confidential contacts, to ensure compliance with the Geneva Conventions.
Supervising prisoner releases
Providing emergency relief
to civilians who are affected by an armed conflict or a natural disaster.
Tracing individuals who are
displaced because of an armed conflict or a natural disaster.
Organizing family contacts
1-32. The provisions of the Geneva
Conventions are applicable to captives and detainees from the time they are
captured until they are released or repatriated. AR 190-8 is the implementing
regulation. When a person is captured during the heat of battle, he is entitled
to protection as a detainee.
1-33. Detainees receive humane treatment without distinction
of race, nationality, religious belief, political opinion, or similar criteria.
Captives and detainees are not murdered, mutilated, tortured, or degraded. They
are not punished for alleged criminal acts without previous judgment pronounced
by a legally constituted court that has accorded them judicial guarantees which
are recognized as indispensable to a fair trial. Individuals and capturing nations
are responsible for acts committed against detainees if the acts violate the
1-34. Captives and detainees
are entitled to respect, and they are treated with honor and as human beings.
They are protected against violence, insults, public curiosity, and reprisals.
They are not subjected to physical mutilation or medical or scientific experimentation
that is not required for normal medical, dental, or hospital treatment. Coercion
is not inflicted on captives and detainees to obtain information. Those who
refuse to answer are not threatened, insulted, or exposed to unpleasant or disadvantageous
treatment. Female captives and detainees are treated with respect and accorded
fair and equal treatment.
1-35. A neutral state or a humanitarian
organization, such as the ICRC, is designated as a protecting power. The protecting
power monitors whether detainees are receiving humane treatment as required
by international law. Representatives or delegates of a protecting power are
authorized to visit detainees where they are interned or confined and to interview
them regarding their internment, welfare, and rights. The interview may be conducted
without witnesses. Such visits cannot be prohibited except for imperative military
UNITED STATES POLICY TOWARDS
1-36. Basic US policy underlying the treatment of detainees and other captured or interned
personnel during the course of a conflict requires and directs that all personnel
be accorded humanitarian care and treatment from the moment of custody until
their final release or repatriation. The US personnel are fully and equally
bound to observe this policy whether capturing troops, custodial personnel,
or anyone else, regardless of the capacity they may be serving. This policy
is equally applicable for protecting detained and interned personnel whether
they are known to have committed or are suspected of committing a serious offense
that could be characterized as a war crime. The punishment of such persons is
administered by the due process of law and under legally constituted authority.
Inhumane treatment, even if committed under stress of combat and with deep provocation,
is a serious and punishable violation under national law, international law,
and the UCMJ.
1-37. The Geneva Conventions,
comprised of four treaties, form part of the supreme law of the land and provide
the internationally recognized humanitarian standards for the treatment of war
victims. The US ratified the Geneva Conventions for the Protection of War Victims,
12 August 1949. It recognizes the spirit and intent of these treaties in its
treatment of EPWs, CIs, and detained and interned persons. The Geneva Conventions
became effective in 1956, and the US observes and enforces the terms of these
conventions. They are collectively referred to as the Geneva Conventions and
convention provides humane treatment of EPWs. It regulates the treatment of
internees (care, food, clothing, and housing), discipline and punishment,
labor and pay, external relations, representation, the international exchange
of information, and the termination of captivity.
convention deals with the protection for populations against the consequences
of war, the status and treatment of protected persons, and the treatment of
for the Amelioration of the Condition of the Wounded and Sick in Armed Forces
in the Field, 12 August 1949 (GWS). This convention provides protection
for members of the armed forces and other persons on the battlefield who are
wounded or sick. Members in the conflict search for and collect wounded and
sick persons, protect them against pillage and ill treatment, and ensure their
adequate care. They also search for dead persons and prevent them from being
for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members
of Armed Forces at Sea, 12 August 1949 (GWS [SEA]). This convention
provides humane treatment and protection for members of the armed forces and
other persons at sea who are wounded, sick, or shipwrecked. It also protects
hospital ships and burial at sea.
1-38. STANAG 2044 prescribes concepts
and procedures for the control and administration of EPWs by US armed forces
operating in Europe under operational control (OPCON) of the North Atlantic
Treaty Organization (NATO), in coordination with one or more NATO allies, and
supported by the doctrine contained in this manual. STANAG 2044 provides—
Terms and definitions relating
Procedures for using EPW personnel
Procedures for handling EPWs,
their personal property, and their money.
1-39. The Geneva Convention Relative
to the Status of Refugees (1951) and its protocols (1967) provide a general,
universally applicable definition of refugee. They
address the minimum standards for the treatment of refugees, specifying the
obligations of the host nation (HN) and the refugees to one another. Among the
important provisions of the 1951 Convention is the principle of nonrefoulement
(Article 33). The principle of nonrefoulement is often referred to as the cornerstone
of international protection. This principle prohibits the return or expulsion
of a refugee to the territory of a state where his life, freedom, or personal
security would be in jeopardy. Through widespread practice, the principle is
considered to be a rule of customary law, binding nations whether or not they
1-40. The 1951 Convention also provides
protection of refugees. A refugee has the right to safe asylum; however, international
protection comprises more than physical safety. Refugees receive the same rights
and help as any other foreigner who is a legal resident, including certain fundamental
entitlements of every individual. Refugees have basic civil
rights, including freedom of thought and movement and freedom from torture and
degrading treatment. Similarly, refugees have economic and social rights. Every
adult refugee has the right to work, and no child refugee is deprived of schooling.
In certain circumstances, such as large-scale inflows of refugees, asylum states
may feel obliged to restrict certain rights, such as freedoms of movement, work,
and education. Such gaps should be filled by the international community when
possible. When resources are unavailable from the government of the asylum country
or other agencies, the UNHCR will assist.
NOTE: For further details,
see the UNHCR Handbook for the Military on Humanitarian Operations, First Edition,
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