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Unformatted text preview: y with Common Article 3. The basic test for humane
treatment is a simple Golden Rule-like test: if the enemy were to give the same treatment to a U.S. Soldier,
would the individual consider it abuse? If so, that treatment is probably inhumane. Note that the specific
requirements for any particular detainee in U.S. custody may exceed the minimum standards of Common
Article 3. Commanders must coordinate closely with their legal advisor regarding any detainee in U.S.
3-98. Critical to building the legitimacy of any irregular forces under international law is engendering a
respect for and adherence to FM 27-10. Humane treatment and respect of the civilian population is also
nearly always an essential element in establishing the legitimacy of irregular forces in the view of the
subject population. Accordingly, SF should not only comply with FM 27-10 as U.S. law requires but
should also recognize the mission-enhancing potential of furthering irregular forces’ respect for humane
treatment and FM 27-10. LEGAL STATUS OF UNITED STATES FORCES
3-99. U.S. forces performing a UW mission are not automatically immune from the jurisdiction of other
nations. Commanders must coordinate with their legal advisor to find out the legal status of their personnel
and try to obtain any necessary protection if there is no applicable international agreement.
3-100. Usually, anyone present in a foreign nation’s territory is subject to its jurisdiction. Jurisdiction is
the legal power a sovereign nation has to make and enforce its laws without foreign direction or control.
When a nation’s troops enter a friendly foreign country, international law subjects them to the territorial
jurisdiction of that nation and any jurisdiction that, because of their status, the sending state wishes to
exercise. U.S. military forces are always subject to the UCMJ. U.S. policy is to maximize U.S. jurisdiction
over the armed forces it may deploy to a foreign nation. International agreement, either by Status of Forces
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This document was uploaded on 01/15/2014.
- Winter '14