Any determination of protections for irregular forces

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Unformatted text preview: actors and other relevant information. The traditional factors under Article 4, Geneva Convention III (Treatment of Prisoners of War), to determine entitlement of PW status include the following: Have a superior responsible for subordinates (some form of adequate C2). Wear a fixed, distinctive sign recognizable at a distance (no requirement for a full uniform, but some method to distinguish members of the force from the civilian population). Carry arms openly. Conduct operations IAW FM 27-10. 3-106. Related factors to determine relevant protections under the Geneva Conventions include— The control of territory. The consistency of acts and conflict. The response or lack of response from the government in question, using regular forces or civilian law enforcement. Response from regular armed forces could indicate a military- 3-18 TC 18-01 30 November 2010 Concept of Employment to-military conflict, whereas responding with civilian law enforcement could indicate the government regards the irregular forces as mere criminals. Mere criminals are not entitled to protection under the Geneva Conventions. 3-107. The later Additional Protocols to the Geneva Conventions modified the above factors. Additional Protocol I to the Geneva Conventions (1977) introduced a more relaxed standard for allowing protected status to irregular forces. For several reasons, the United States is not a party to Additional Protocol I, but many nations are. Accordingly, Soldiers should consider the provisions of Additional Protocol I in situations involving nations that recognize Additional Protocol I as binding authority. These more contemporary factors only require that the members of the force— Carry arms openly during the attack and while visible to the adversary when maneuvering for that attack. Be commanded by a person responsible for the actions of the force or organization. Comply with FM 27-10. Be subject to an internal discipline system of the force or organization. 3-108. Additional Protocol II to the Geneva Conventions further modifie...
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This document was uploaded on 01/15/2014.

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