scope:

Purpose. This Military Judges' Benchbook sets forth certain procedural steps required in a provost court trying civilian internees (CI). A CI is a person protected by the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949 (GC IV) who is interned in occupied enemy territory of the United States. See Art. 4, GC IV. It may be adapted by military commissions for trial of detained persons not qualifying for enemy prisoner of war (EPW) status for violations of the laws and customs of war. This Benchbook does not purport to discuss or resolve the substantive questions which may arise in a provost court of CI protected by the GC IV nor does it purport to exhaust all of the procedural issues which may arise in such a proceeding. Pertinent provisions of the GC IV and authoritative precedents should be consulted before trying CI by provost court.

Applicability. This pamphlet applies to the Active Army, the Army National Guard of the United States, and the U.S. Army Reserve.