special-forces-uw-tc-18-01

In addition per us law sf must comply with fm 2 223

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Unformatted text preview: ctors engaging in human intelligence activities. The Detainee Treatment Act of 2005 mandated that FM 2-22.3 is sole authority for interrogation rules and ordered compliance with the Geneva Conventions Common Article 3 as the minimum standard for all detainees, regardless of the actual status of the detainee. In certain situations, higher standards may apply. International Legal Considerations 3-91. Under international law, armed conflicts fall into two broad areas. These areas are those of an international character and those of a noninternational character. International Armed Conflicts 3-92. A declaration of war and an invasion of one country by the armed forces of another clearly result in an international armed conflict. The definition of an international armed conflict is broader, however. As a rule, if the combat effects of a conflict go beyond a nation’s boundaries and seriously affect other countries, the conflict is international. All the customary laws of war on hostilities between states govern international armed conflicts. The 1949 Geneva Conventions and FM 27-10 also apply. Often a Soldier’s biggest concerns fighting UW is his right to prisoner of war (PW) status if captured and combatant immunity. Combatant immunity is the practice by which members of a given nation’s military forces are not subject to prosecution under another nation’s domestic criminal law for legitimate acts of war. Noninternational Armed Conflicts 3-93. Parties typically recognize noninternational armed conflicts as insurgencies. Clandestine forces usually engage in hostilities. In general, their purpose is not to hold fixed territory or to engage government troops in direct combat but to wage a guerrilla war. In this type of war, troops can blend in with the civilian populace by posing as noncombatants. Insurgents, therefore, are organized bodies of people who, generally for public political purposes, are in a state of armed hostility against the established government. An important legal aspect of a noninternational conflict is that captured combatants do not normally enjoy POW rights. Depending on the circumstances, countries can prose...
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This document was uploaded on 01/15/2014.

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