⚫ Given all the surrounding facts and circumstances, would a reasonable person in the place of the person being interrogated believe that his rights, as guaranteed under both international and US law, are being violated or withheld, or will be violated or withheld if he fails to cooperate. • If your contemplated actions were perpetrated by the enemy against US PWs, you would believe such actions violate international or US law. If you answer yes to either of these tests, do not engage in the contemplated action. If a doubt still remains as to the legality of a proposed action, seek a legal opinion from your servicing judge advocate. DEFINITION OF PRISONER OF WAR A PW is a US or allied person detained by an enemy power. An EPW is a person detained by US or allied powers. The first issue interrogators must deal with is who must be afforded PW treatment. Figure 1-3 paraphrases Article 4 of the GPW. In addition, the following personnel shall be treated as PWs: Persons belonging, or having belonged, to the armed forces of the occupied country, if— FM 34-52 The approaches, psychological techniques, and other principles presented in this manual must be read in light of the requirements of international and US law as discussed above. Authority for conducting interrogations of personnel detained by military forces rests primarily upon the traditional concept that the commander may use all available resources and lawful means to accomplish his mission and to protect and secure his unit, It is the stated policy of the US Army that military operations will be conducted in accordance with the law of war obligations of the US. The GWS, GPW, and GC establish specific standards for humane care and treatment of enemy personnel captured, retained, or detained by US military forces and its allies. Suspected or alleged violations of these standards will be reported, investigated and, if appropriate, referred to competent authority for trial or other disposition. Violations of the GWS, GPW, or GC committed by US personnel normally constitute violations of the UCMJ. The commander is responsible for ensuring that the forces under his command comply with the GWS, GPW, and GC. Should violations occur in the conduct of warfare, the commander bears primary responsibility for investigating and prosecuting violations. SECURITY The interrogator, by virtue of his position, possesses a great deal of classified information. He is aware his job is to obtain information, not impart it to the source. He safeguards military information as well as the source of that information. This becomes very clear when one considers that among those persons with whom the interrogator has contact, there are those attempting to collect information for the enemy. The interrogator is alert to delect any attempt made by the source to elicit information. AND ENEMY PRISONER OF WAR The occupying power considers it necessary by reason of such allegiance to intern them; in particular, if • Such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat; or FM 34-52 PWs are persons who have fallen into the power of the enemy and who are— • Members of the armed forces of a party to the conflict, militias, or volunteer corps forming • Members of other militias and volunteer corps, including those of organized resistance move- --Being commanded by a person responsible for their subordinates. --Having a fixed distinctive sign recognizable at a distance. -Carrying arms openly. --Conducting their operations by the laws and customs of war. • Members of regular armed forces who profess allegiance to a government or an authority not • Persons who accompany the armed forces without being members of it, such as civilian mem- • Members of the crews of merchant marine, and crews of civil aircraft of the parties to the • Inhabitants of an unoccupied territory, who on the approach of the enemy, spontaneously • Where they fail to comply with a summons made to them with a view to internment. Obviously, there are many personnel who qualify for and require treatment as PWs. If there is any question whether a person should be treated as a PW, treat the individual as such. The determination whether an individual qualifies as a PW is a Staff Judge Advocate (SJA) function, but has a direct impact on the interrogation effort due to GPW requirements. It is especially important in LICs to distinguish between PWs and criminals PERTINENT ARTICLES OF GENEVA CONVENTIONS Several articles of the GPW apply to interrogators and interrogation operations. The articles TYPES OF The interrogator encounters many sources who vary greatly in personality, social class, civilian occupation, military specialty, and political and religious beliefs. Their physical conditions may range from near death to most commonly used by interrogators are shown in Figure 1-4. SOURCES perfect health; intelligence levels may range from well below average to well above average; and security con. sciousness may range from the lowest to the highest. Article 13-PWs must be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a PW in its custody is prohibited. PWs must always be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Article 14--PWs are entitled, in all circumstances, to respect for their persons and honor. Women shall be treated with all regard due their sex, and shall always benefit by treatment as favorable that granted men. Article 15--The Power detaining PWs shall provide, free of charge, for the maintenance and medical attention required by their state of health. Article 17--This article covers several requirements with direct impact on interrogation. • Every PW, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or (SIC) serial number, or failing this, equivalent information. If he willfully infringes this rule, he may render himself liable to a restriction of the privileges (emphasis added) accorded to his rank or status. • For example, this does not mean if a prisoner fails to give this information he loses status as a prisoner, only special privileges. An example might be an officer who fails to identify himself as such. An officer cannot be compelled to work (Article 49). An officer who fails to identify himself as such could lose this privilege. • The questioning of PWs shall be carried out in a language they understand. • No physical or mental torture nor any other form of coercion may be inflicted on EPWs to secure from them information of any kind whatsoever. EPWs who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind. Article 18-All effects and articles of personal use, except arms, horses, military equipment and documents, shall remain in the possession of PWs. They will also retain their metal helmets, gas masks, and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall also remain in their possession, even if such effects and articles belong to their regulation military equipment. • Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from PWs. • Sums of money carried by PWs may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank, and unit of the person issuing said receipt. Article 19--PWs shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. Only those PWs, who, owing to wounds and sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone. Article 33-Medical personnel and chaplains, while retained by the Detaining Power with a view to assisting PWs, shall not be considered as PWs. They shall, however, receive as a minimum, the benefits and protection of the Geneva Convention. They shall continue to exercise their medical and spiritual functions for the benefits of PWs. Figure 14. Pertinent articles of the GPW. FM 34-52 FM 34-82 Sources may be civilian internees, insurgents, EPWs, defectors, refugees, displaced persons, and agents or suspected agents. Because of these variations, the interrogator makes a careful study of every source to evaluate his mental, emotional, and physical state, and uses it as a basis for interrogation. He deals mainly with three categories of sources: cooperative and friendly, neutral and nonpartisan, and hostile and antagonistic. COOPERATIVE AND FRIENDLY A cooperative and friendly source offers little resisLance to laterrogation, and normally speaks freely on almost any topic introduced, other than those which tend to incriminate or degrade him personally. To obtain the maximum amount of information from cooperative and Driendly sources, the interrogator takes care to establish and preserve a friendly and cooperative atmosphere by aot inquiring into those private affairs which are beyond the scope of the interrogation. At the same time, he must avoid becoming overly friendly and losing control of the interrogation. NEUTRAL AND NONPARTISAN A neutral and nonpartisan source is cooperative to a limited degree. He normally takes the position of answering questions asked directly, but seldom volunteers information. In some cases, he may be afraid to answer for fear of reprisals by the enemy. This often is the case in LIC where the people may be fearful of insurgeat reprisals. With the neutral and nonpartisan scarce, the interrogator may have to ask many specific questions to obtain the information required. HOSTILE AND ANTAGONISTIC A hostile and antagonistic source is most difficult to interrogate. In many cases, he refuses to talk at all, and offers a real challenge to the interrogator. An interrogator must have self-control, patience, and tact when dealing with him. At lower tactical echelons, there is generally insufficient time available to effectively interrogate a hostile or antagonistic source. When time is available, and the PERSONAL An interrogator should possess an interest in human nature and have a personality which will enable him to gain the cooperation of a source. Ideally, these and other personal qualities would be inherent in an interrogator, however, in most cases, an interrogator can cultivate these qualities if he has the desire and is willing to source appears to be an excellent target for exploitation, the source should be segregated and approached in an effort to obtain his cooperation. Because of possible high stress and frustration levels that such a source may invoke in you, great care must be taken to maintain your self-control. No matter what the source says or does, you must abide by the provisions of the law of war as previously discussed. The absence of the use of threats in interrogation is intentional, as threats in and of themselves constitute a form of coercion. Any attempt at enforcement of a threat would constitute an act prohibited by the GWS, GPW, or GC and is punishable under the UCMJ. A hostile or antagonistic source may be best exploited at echelons where sufficient time and resources will generally be available. The successful interrogator is a skilled professional who is able to rapidly evaluate sources of information and adapt his approaches and techniques accordingly. The interrogator extracts intelligence from two primary sources: human sources and material sources (primarily CEDs). The senior interrogator determines which of these sources may be most effectively exploited to meet the supported commander's PIR and IR. CEDs (see Chapter 4) include any piece of recorded information which has been in the possession of a foreign nation and comes into US possession. This includes US documents which the foreign nation may have possessed. There are many ways to acquire a document; some are found in the possession of human sources, on enemy dead, or on the battlefield. There are three types of documents: • Official (government or military) documents such as overlays, field orders, maps, and codes. • Personal (private or commercial) documents such as letters, diaries, newspapers, and books. • Identity (government or military) documents such as cards and books. QUALITIES devote time to study and practice. Some desirable personal qualities in an interrogator are discussed below. MOTIVATION Motivation is the most significant factor to achieve success. Without motivation, other qualities lose their significance. The stronger the motivation, the more successful the interrogator. An interrogator may be motivated by several factors; for example: • An interest in human relations. • A desire to react to the challenge of personal interplay. • An enthusiasm for the collection of information. • A profound interest in foreign languages and cul tures. ALERTNESS The interrogator must be constantly aware of the shifting attitudes which normally characterize a source's reaction to interrogation. The interrogator— ⚫ Notes the source's every gesture, word, and voice inflection. Determines why the source is in a certain mood or why his mood suddenly changed. It is from the source's mood and actions the interrogator determines how to best proceed with the interrogation. Watches for any indication the source is withholding information. ⚫ Watches for a tendency to resist further questioning, diminishing resistance, contradictions, or other tendencies, to include susceptibility. PATIENCE AND TACT The interrogator must have patience and tact in creating and maintaining rapport between himself and the source, thereby enhancing the success of the interrogation. The validity of the source's statements and motives behind these statements may be obtainable only through exercise of tact and patience. Displaying impatience may • Encourage the difficult source to think if he remains unresponsive for a little longer, the interrogator will stop questioning. ⚫ Cause the source to lose respect for the interrogator, thereby reducing his effectiveness. An interrogator, with patience and tact, is able to terminate an interrogation and later continue it without arousing apprehension or resentment. CREDIBILITY The interrogator must maintain credibility with the source and friendly forces. Failure to produce material FM 34-52 rewards when promised may adversely affect future interrogations. The importance of accurate reporting cannot be overstressed, since interrogation reports are often the basis for tactical decisions and operations. OBJECTIVITY The interrogator must maintain an objective and dispassionate attitude, regardless of the emotional reactions he may actually experience or simulate during the interrogation. Without objectivity, he may unconsciously distort the information acquired. He may also be unable to vary his interrogation techniques effectively. SELF-CONTROL The interrogator must have exceptional self-control to avoid displays of genuine anger, irritation, sympathy, or weariness which may cause him to lose the initiative during the interrogation. Self-control is especially important when employing interrogation techniques which require the display of simulated emotions or attitudes. ADAPTABILITY An interrogator must adapt to the many and varied personalities which he will encounter. He should try to imagine himself in the source's position. By being adaptable, he can smoothly shift his techniques and approaches during interrogations according to the operational environment. In many cases, he has to conduct interrogations under unfavorable physical conditions. PERSEVERANCE A tenacity of purpose can be the difference between an interrogator who is merely good and one who is superior. An interrogator who becomes easily discouraged by opposition, noncooperation, or other difficulties will neither aggressively pursue the objective to a successful conclusion nor seek leads to other valuable information. APPEARANCE AND DEMEANOR The interrogator's personal appearance may greatly influence the conduct of the interrogation and attitude of the source toward the interrogator. Usually a neat, organized, and professional appearance will favorably influence the source. A firm, deliberate, and businesslike manner of speech and attitude may create a proper environment for a successful interrogation. If the interrogator's manner reflects fairness, strength, and efficiency, the source may prove cooperative and more receptive to questioning. |