Tuesday, May 28, 2013

The Army's plan for 'internment and resettlement'

FM3 - 39.40

How do you get put in a government concentration camp?
It says here, you get "captured"...

1-21. Article 5 tribunals are conducted according to Article 5, GPW. An Article 5 tribunal is an administrative hearing that is controlled by a board of officers and determines the actual status of a detainee. This tribunal can take place anywhere, but it most commonly takes place echelons above the brigade combat team (BCT), most generally at the TIF or SIF. The tribunal determines the status of individuals who do not appear to be entitled to prisoner of war status, but have committed a belligerent act or have engaged in hostile activity to aid enemy forces and/or assert that they are entitled to treatment as an EPW.

Note. Sample procedures with additional (optional) procedures for conducting an Article 5 tribunal are included in appendix D. Optional procedures are intended to add appropriate due process measures that are not required by laws or regulations, but improve the transparency and overall fairness of the tribunal as time and additional resources are available to the convening authority. The tribunal is an administrative board process and is not intended to become an adversarial process.

1-22. EPWs have GPW protections from the time they are under the control of U.S. armed forces until their release or repatriation. Any detainee subject to an Article 5 tribunal will be provided and entitled to a—

Notice of the tribunal(in a language he or she understands). ? Opportunity to present evidence at the tribunal.

Three-person administrative tribunal. Preponderance of the evidence standard.

Written appeal to the convening authority upon request.

1-23. The convening authority of the Article 5 tribunal will be a commander exercising general court-martial convening authority, unless such authority has been properly delegated. 

According to AR 190-8 and DOD policies, a competent tribunal will—convene within a reasonable time after doubt arises regarding EPW status, normally within 15 days. 

Processing time for the tribunal procedures should not normally exceed 30 days. Shorter processing times are encouraged, particularly when there is a potential for a status change from EPW to CI or a members of an armed group. 

Determine the status of any individual who does not appear to be entitled to EPW status,but has committed a belligerent act or has engaged in hostile activities to aid enemy armed forces and asserts that he or she is entitled to treatment as an EPW. 

Be composed of three commissioned officers(one a field grade).The senior officer will serve as president of the tribunal and another nonvoting officer (preferably a judge advocate) will serve as the recorder.

- From FM3-39.40 - Internment and Resettlement Operations, U.S. Army, 2010
What this means, dear hearts, is they have already chosen up sides. If you're not a 'local leader,' you don't get much say in the matter.

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