scope:

This Military Judges' Benchbook for Trial of Enemy Prisoners of War (EPWs) sets forth certain procedural steps required in the trial by court-martial of persons protected by the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 (GC III), including certain civilian personnel protected by the GC III. Under Article 102, GC III, EPWs can be validly sentenced only if they are sentenced under (1) the same court system and (2) the same procedures as members of the armed forces of the Detaining Power (DP) AND if (3) the court follows the provisions of Chapter 3, Penal & Disciplinary Sanstions, GC III. This Benchbook modifies DA Pam 27-9, Military Judges' Benchbook, to incorporate the provisios of Chapter 3, GC III.

This Benchbook does not purport to discuss or resolve the substantive questions which may arise in the trial by court-martial of EPWs nor does it purport to exhaust all of the procedural issues which may arise in such a trial. Pertinent provisions of the GC III and authoritative precedents should be consulted before the trial of EPWs. Under Article 11, GC III, if the parties disagree "as to the application or interpretation" of the GC III, the Protecting Power (PP) "shall lend their good offices with a view to settling the disagreement." Procedural requirements under the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949 (GCC), particularly Articles 64-78, for persons not protected under the GC III are not included herein.

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