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AFH 1 · Chapter 19 · Section 19.12

The Articles of the Code of Conduct

Part of Standards of Conduct · 7 sections · ~1536 words · WAPS PFE study material

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History of the Code of Conduct

Origin

First Published
President Dwight D. Eisenhower first published the Code of Conduct on 17 August 1955.

1988 Amendment

Amended
In March 1988, President Ronald W. Reagan amended the code with gender-neutral language.

The Code consists of six articles, each addressing a specific aspect of conduct in captivity and service.

Article I — I Am an American

ARTICLE I
*I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.*

Applicability

Article I applies to all members at all times.

A member of the U.S. Armed Forces has a duty to support U.S. interests and oppose U.S. enemies regardless of the circumstances — whether in active combat or captivity.

Honorable Survival in Captivity

Past experiences of captured Americans reveal that honorable survival requires a high degree of dedication and motivation.

What these qualities require: - Knowledge of and strong belief in American democratic institutions and concepts - Love of and faith in the United States - Conviction that the United States' cause is just - Faith in and loyalty to fellow POWs

Why This Matters

These beliefs and trust may help POWs survive long, stressful periods of captivity — and return to their country and families with honor and self-esteem intact.

Article II — I Will Never Surrender

ARTICLE II
*I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist.*

The Core Duty

Members of the U.S. Armed Forces may never surrender voluntarily.

Even when isolated and no longer able to inflict casualties on the enemy — their duty is to evade capture and rejoin the nearest friendly force.

Surrender vs. Capture

Critical Distinction
Surrender = the willful act of giving oneself up to the enemy. Capture = occurs when a member has no means to resist, evasion is impossible, and further fighting would lead to death with no significant loss to the enemy.

Capture dictated by overwhelming enemy strength and the futility of fighting is NOT dishonorable.

What Service Members Must Know

Understand and have confidence in: - Search and recovery rescue procedures - Evasion destination procedures

UCMJ Punishment

A U.S. commander who shamefully surrenders to the enemy any command or place it's their duty to defend — is subject to punishment.

Also subject to punishment: anyone who compels or attempts to compel a commander to give up a command, or who strikes the colors or flag to an enemy without proper authority.

Article III — I Will Continue to Resist

ARTICLE III
*If I am captured, I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.*

Duty to Resist

A member's duty to continue to resist enemy exploitation by all means available is NOT lessened by the misfortune of capture.

Reality Since 1949

Warning
Contrary to the 1949 Geneva Conventions, enemies the U.S. has engaged since 1949 have treated the POW compound as an extension of the battlefield.

Tactics enemies have used to exploit POWs: - Physical and mental harassment - General mistreatment - Torture - Medical neglect - Political indoctrination - Tempting with special favors or privileges in return for statements, information, or pledges

Special Privileges Rule

Core Rule
A POW must NOT seek special privileges or accept special favors at the expense of fellow POWs.

Parole Agreements

Prohibited
Parole agreements — promises to the captor to fulfill stated conditions (such as not to bear arms) in exchange for special privileges (such as release or lessened restraint).

Escape Opportunities

Under the guidance and supervision of the senior military person, the POW must be prepared to take advantage of escape opportunities — considering the welfare of POWs who remain behind.

Why escape efforts matter: - Causes the enemy to divert forces that may otherwise be fighting - Provides the U.S. with valuable information about the enemy and other POWs - Serves as a positive example to all members of the U.S. Armed Forces

Article IV — Keep Faith with Fellow Prisoners

ARTICLE IV
*If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.*

Continued Responsibility

Officers and enlisted members continue to carry out their responsibilities and exercise authority in captivity.

Expressly Forbidden
Informing or any other action detrimental to a fellow POW is despicable and expressly forbidden.

POWs must avoid helping the enemy identify fellow POWs with valuable knowledge.

Why Discipline Matters

Strong leadership is essential to discipline. Without discipline, camp organization, resistance, and even survival may be impossible.

Imperative priorities in captivity: - Personal hygiene - Camp sanitation - Care of the sick and wounded

Chain of Command in Captivity

POWs must organize in a military manner under the senior military POW — regardless of military service.

If the senior POW is incapacitated: The next senior POW assumes command.

UCMJ Consequences

Punishment
Failure to accept leadership or abide by the senior POW's decisions may result in UCMJ punishment.
Traitor
A POW who voluntarily informs or collaborates with the captor is a traitor to the United States and fellow POWs — and after repatriation is subject to UCMJ punishment.

Required Knowledge

Members must be familiar with: - Principles of hygiene and sanitation - Health maintenance and first aid - Physical conditioning - Food utilization

Article V — Name, Rank, Service Number, Date of Birth

ARTICLE V
*When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.*

What POWs Must Give

The "Big Four": - Name - Rank - Service number - Date of birth

Rule
Under the Geneva Conventions, the enemy has NO right to force a POW to provide any additional information.

The Reality

It is unrealistic to expect a POW to remain confined for years reciting only these four things. Certain types of conversation with the enemy are permitted:

Permitted activities (not required by the Code, UCMJ, or Geneva Conventions): - Fill out a Geneva Conventions capture card - Write letters home - Communicate with captors on matters of health and welfare

The senior POW is required to represent POWs in matters of camp administration, health, welfare, and grievances.

What POWs Must Resist

Even when physically and mentally coerced: - Giving oral or written confessions - Answering questionnaires - Providing personal history statements - Making propaganda recordings and broadcast appeals - Appealing for U.S. surrender or parole - Engaging in self-criticism - Providing statements harmful to the U.S., allies, Armed Forces, or other POWs

Techniques to Avoid Disclosure

  • Claiming inability because of previous orders
  • Poor memory
  • Ignorance
  • Lack of comprehension

The Reality of Interrogation

Hard Truth
Short of death, it is unlikely a POW will prevent a skilled enemy interrogator — using all available psychological and physical methods — from obtaining some degree of compliance.

But: The POW must recover as quickly as possible and resist successive efforts to the utmost.

Article VI — I Will Never Forget That I Am an American

ARTICLE VI
*I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.*

Personal Responsibility

A member remains responsible for personal actions at all times.

Post-Repatriation Review

Upon repatriation, POWs can expect their actions to be subject to review — including both: - Circumstances of capture - Conduct during detention

Purpose of the review: - Recognize meritorious performance - If necessary, investigate any allegations of misconduct

Reviews are conducted with due regard for the rights of the individual and consideration for the conditions of captivity.

Code of Conduct vs. UCMJ

Key Distinction
Code of Conduct = a moral code. UCMJ = a legal code. Failure to follow the Code could ultimately lead to misconduct punishable under the UCMJ.

The U.S. Government's Commitment

The U.S. Government will use every available means to: - Establish contact with POWs - Support them - Obtain their release

U.S. laws provide for support and care of dependents of U.S. Armed Forces — including POW family members.

Military members must ensure personal affairs and family matters are up to date at all times.

Final Promise
No United States prisoner of war will be forgotten. Every available means will be employed to establish contact with, support, and obtain the release of all our U.S. prisoners of war.

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