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The Geneva Conventions of 1949 and Hague Convention No.IV of 1907

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The Geneva Conventions of 1949 and Hague Convention No.IV of 1907 I • ASubjScd 27-1 Army Subject Schedule I HEADQUARTERS DEPARTMENT OF THE ARMY No. 27-1 Washington, D.C., 29 August 1975 THE GENEVA CONVENTIONS OF 1949 AND HAGUE CONVENTION NO. IV OF 1907 \ (Published in support of AR 350-216 for use in all components of the Army) Paragraph Page Section 1. GENERAL Purpose .. .. ... ....... .. .. .. ..... .. .... ... .. ... .. .. 1 Training Objective .......................................... 2 Scope of Instruction ............... .... ... ............... .. 3 1 Training Notes .... .......... ...... ... .. ... ..... .......... 4 1 II. MASTER SCHEDULE The Geneva Conventions of 1949 and Hague Convention No. IV of 1907 ............ .. ....... .......... 5 2 Refresher Instruction ........................................ 6 2 III. LESSON OUTLINES The Hague and Geneva Conventions (2 Hr) .. ....... ... ... 7 2 Refresher Instruction in The Geneva Conventions of 1949 and Hague Convention No. IV of 1907 ........... 8 3 Appendix A. Basic Course in the Geneva Conventions of 1949 and Hague Convention No. IV of 1907 . ............. 4 B. Refresher Course for Battalion and Brigade Commanders ............................................. 13 C. Instructor Training Course .... ......... .... ............. 17 D. Examination ................. ..... ......... ............. 21 SECTION I GENERAL 1. Purpose. This subject schedule is issued to insure c. The law of war requiring humane treatment of maximum uniformity of training in all components prisoners of war, other captured and detained per­ of the Army. It is a guide for the instructor in sonnel, and civilians. preparing lesson plans and scheduling periods of in­ d. The obligation not to commit war crimes. struction. e. The obligation to report all violations of the law 2. Training Objective. The objective of this subject of war. schedule is to familiarize military personnel with f The significant provisions of the Geneva Con­ their rights, duties and obligations under the Hague vention Relative to the Treatment of Prisoners of Conventions of 1907, the Geneva Convention of 1949, War. and the customary law of war regarding: 4. Training Notes. This subject schedule outlines a. Enemy and other personnel, to include enemy the subject matter to be presented and the references prisoners of war, other captured or detained per­ to be used. However, the manner of presentation is sonnel, and civilians. left to the judgment and resourcefulness of the in­ b. Property. structors since success in training .depends largely c. Obedience to superior orders. upon their preparation and presentation. See ap­ d. Their responsibilities and courses of action, if pendix C, The Instructor Training Course. captured or detained by a foreign power or force. Instruction will be presented by a Judge Advocate 3. Scope of Instruction. a. The principles, spirit officer (or other legally qualified personnel) and a and intent of the Hague and Geneva Conventions. combat-experienced commander as a team, thereby b. The law of war prohibiting unnecessary destruc­ demonstrating the compatibility of the law of war tion. and the realities of actual warfare. The refresher "This schedule supersedes ASubjScd 27-1, 8 October 1970. 1 ASubjScd 27-1 course for battalion and brigade commanders should training time. be presented by field grade officers. The team mem­ Users of this publication are encouraged to submit bers must insure coordination prior to their presen­ recommended changes and comments to improve the tation. Instruction on the legal aspects of this subject publication. Comments should be keyed to the schedule is most appropriate for the Judge Advocate specific page, paragraph, and line of the text in officer, while instruction on the realities of the which the change is recommended. Reasons will be soldier in combat is most appropriate for the combat­ provided for each comment to insure understanding experienced officer. This instruction must be tailored and complete evaluation. Comments should be to the particular audience. prepared using DA Form 2028 (Recommended Initial instruction in this subject must be separate Changes to Publications and Blank Forms) and for­ from any other instruction. Thereafter, instruction warded direct to The Judge Advocate General, DA, should be integrated into training wherever possible. Washington, D.C. 20310, ATTN: JAGW. Each hour of instruction reflects 50 minutes of SECTION II MASTER SCHEDULE 5. The Geneva Conventions of 1949 and Hague Convention No. IV of 1907. Training Text aids and Period Hour Lesson references Area equipment 1 1 Principles, spirit and intent of The Geneva Conventions DA Pam Classroom. Discretionary. of 1949 and Hague Convention No. IV of 1907. 27-161-2; DA Pam 27-1; 2 1 Application of the Geneva Conventions of 1949 and FM 27-10. Hague Convention No. IV of 1907. 6. Refresher Instruction. Training Text aids a nd Period Hour Lesson rcferenees Area equipment 1 1 Refresher instruction in the Geneva Conventions of 1949 DA Pam Classroom. Discretionary. and Hague Convention No. IV of 1907. 27-161-2; DA Pam 27-1. SECTION III LESSON OUTLINES 7. The Hague and Geneva Conventions (2 Hr.) (f) Outline the general requirement under the a. Period 1; hours: 1. Principles, spirit and intent Geneva Conventions to treat all non-combatants of the Geneva Conventions of 1949 and Hague Con­ humanely. vention No. IV of 1907. (g) Explain treatment during interrogation. (1) Lesson objective. To explain that American (h) Discuss how a PW must be treated. soldiers will not inflict unnecessary destruction or (i) Discuss how civilians must be treated. suffering in accomplishing their military mission; (j) Summarize. and that American soldiers will treat prisoners of b. Period 2; hours: 1. Application of the Geneva war, other captured and detained personnel, and Conventions of 1949 and Hague Convention No. IV of civilians humanely. 1907. (2) Lesson outline. (1) Lesson objective. To explain that the (a) Introduction. American soldier must not obey an order which would (b) Explain briefly the origin of the customary require him to commit a crime in violation of the law law of war and its formalization in the Hague and of war, and that he is obligated to report any Geneva Conventions. violation of the law of war; and that the American (c) Discuss the rules of engagement and soldier is entitled to humane treatment when he is prohibitions on targets under the Hague Regulations. captured or detained by the enemy. (d) Explain illegal tricks and methods. (2) Lesson outline. (e) Discuss the Hague prohibitions on weapons. (a) Introduction. 2 ASubj S cd 27-1 (b) Explain the responsibilities of the Law of War. American soldier to obey the law of war. (1) Lesson objective. To explain the intermediate (c) Discuss the commander's responsibility to commander's responsibility for insuring that his see that his men obey the law of war. troops observe the law of war and to explain the (d) Give examples of orders which would policy reasons for adhering to the law of war. require acts in violation of the law of war and would (2) Lesson outline. therefore be criminal. (e) Explain the obligation to report all (a) Introduction. violations of the law of war. (b) Discuss the commander's responsibil ity for if) Outline specific procedures to follow in the conduct of his troops. reporting a violation of the law of war. (c) Explain the soldier's obligation to disobey (3) Outline the rights and obligations of a PW. an order which would require him to commit a crime (a) Explain right to adequate food and in violation of the law of war. housing. (d) Discuss the importance of winni ng public (b) Explain right to adequate medical care. support through obedience of the law of war. (c) Explain right to religious freedom. (d) Explain right to retain personal property. (e) Explain how adherence to the law of war (e) Discuss other PW rights. encourages reciprocal respect by the enemy. if) Explain what information a PW is required if) Explain that following the law of war to give. facilitates command and control over troops. (g) Discuss obligation to observe camp (g) Discuss how abiding by these rules is con­ regulations. sistent with the long-term goals of the United States. (h) Explain work conditions in PW camp. (i) Summarize. (h) Discuss how the law of war facilitates the restoration of peace. 8. Refresher Instruction in The Geneva Con­ ventions of 1949 and Hague Convention No. IV (i) Explain that the law of war does not of 1907. prevent the effective waging of war. a. Period 1; hours: 1. Refresher instruction in the (j) Summarize. 3 ASubjScd 27-1 APPENDIX A BASIC COURSE IN THE GENEVA CONVENTIONS OF 1949 AND HAGUE CONVENTION NO. IV OF 1907 Lesson Plan-First Hour SUBJECT: Hague and Geneva Conventions. COURSE: LESSON TITLE: The Geneva Conventions of 1949 and Hague Convention No. IV of 1907, and Their Application to US Forces. LESSON OBJECTIVE: To familiarize students with the basic provisions of the Conventions and their dic­ tates as they affect military forces. PRESENTATION: Lecture·-Conference. HOUR: One. REFERENCES: Department of the Army Pamphlet 27-1. Department of the Army Pamphlet 27-161-2. Department of the Army Field Manual 27-10. TRAINING AIDS: Discretionary. TIME REQUIRED: 50 minutes. 1. Introduction. a. Purpose. The purpose of this 2­ the Uniform Code of Military Justice. International hour block of instruction is to explain that the Hague treaties, no less than Congressional statutes like the and Geneva Conventions and the customary law of UCMJ, are under our Constitution the supreme law war require that we, as American soldiers-­ of the land. If we fail to comply with these Con­ (1) Will not inflict unnecessary destruction or ventions, we may face trial and punishment or other suffering in accomplishing our military mission. disciplinary action. (2) Will treat prisoners of war, other captured 2. Customary Law of War and the Hague and and detained personnel, and civilians humanely. Geneva Conventions. a. As a result of centuries of (3) Will not obey an order whose execution is a warfare between various nations, unwritten laws and crime in violation of the law of war.
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