The Code of the U.S. Fighting Force is a code of conduct that is an ethics guide and a United States Department of Defense directive consisting of six articles to members of the United States Armed Forces, addressing how they should act in combat when they must evade capture, resist while a prisoner or escape from the enemy. It is considered an important part of U.S. military doctrine and tradition, but is not formal military law in the manner of the Uniform Code of Military Justice or public international law, such as the Geneva Conventions.
The early history of rules for the army was founded by Abraham Lincoln who signed the Lieber Code in 1863.
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During the Korean War in the early 1950s, Chinese and North Korean forces captured American military personnel as prisoners of war. Unlike America's previous wars, these American prisoners faced a harsher POW environment. It was the first American war that U.S. prisoners of war were viewed by an enemy as more than soldiers from the other side temporarily restrained from conducting war. The POW camps sought to control the minds of U.S. prisoners. North Korean and Chinese communists were not hesitant to use brutal and bloody torture as gruesome tools in their efforts to exploit U.S. prisoners of war into making public statements that appeared favorable to the communist war effort. For the American prisoners, brutal torture, lack of food, absence of medical aid, and subhuman treatment became a daily way of life and many of them found that their training had not prepared them for this new battlefield. [1] [2]
Although collaborating with the enemy was not new, its ramifications caused considerable damage to the morale and survival of U.S. POWs during the Korean War and later the Vietnam War. Before the Korean War, American prisoners in previous wars were subjected to inhumane and brutal treatment but the enemy did not take it upon itself to tear down the chain of command within the prisoner ranks. When the communists succeeded in breaking this hierarchy, an atmosphere of distrust among the prisoners became the norm rather than the exception. Morale dropped and mutual assistance among the prisoners lessened. The failure of the POWs to care for their fellow prisoners resulted in a higher death rate and made the captives more amenable to accept the doctrine of their captors. [1] [2]
One of the most elaborate propaganda efforts was the 1952 POW Olympics held in Pyuktong, North Korea. For 12 days in November, approximately 500 prison athletes from Britain, South Korea, Australia, Turkey, and the U.S. competed against other camps in events mirroring the World Olympics such as baseball, boxing, and track and field. This effort was publicized to show the world just how well the UN prisoners were treated. Of course, this was not the reality. Very few American servicemen were mentally prepared to protect themselves from such barbaric treatment and intense indoctrination attempts. Through inhumane treatment and manipulation, many prisoners were forced to collaborate with the communists. [1] [2]
After the termination of the hostilities in Korea and the subsequent release of American prisoners of war, twenty-one Americans chose to remain in China, refusing repatriation. Many former U.S. prisoners coming back to their homeland were criminally charged and tried for offenses that "amounted to treason, desertion to the enemy, mistreatment of fellow prisoners of war, and similar crimes." The emotions and compassion of the public were aroused, as graphic details of the inhumane treatment of U.S. POWs in communist prison camps surfaced during the trials. Public discussion caused intense arguments over what should have been done about Americans who were "brainwashed" in Korea and what to do about those in future wars who may be the recipients of similar bloody treatment. [1] [2]
On August 7, 1954, the United States Secretary of Defense directed that a committee be formed to recommend a suitable approach for conducting a comprehensive study of the problems related to the entire Korean War POW experience. The work of that committee resulted in the May 17, 1955 appointment of the Defense Advisory Committee on Prisoners of War, headed by Carter L. Burgess, assistant secretary of defense for Manpower and Personnel. The committee took heed of the ongoing divisive debate, noting that while all services had regulations governing the conduct of prisoners of war, "the United States armed forces have never had a clearly defined code of conduct applicable to American prisoners after capture." [1] [2]
Colonel Franklin Brooke Nihart, USMC, worked at Marine Corps headquarters throughout the summer of 1955, outlined his ideas in longhand and the Code of Conduct was established with the issuance of Executive Order 10631 by President Dwight D. Eisenhower on 17 August 1955 which stated, "Every member of the Armed Forces of the United States are expected to measure up to the standards embodied in the Code of Conduct while in combat or in captivity." It has been modified twice—once in 1977 by President Jimmy Carter in Executive Order 12017, and most recently in President Ronald Reagan's Executive Order 12633 of March 1988, which amended the code to make it gender-neutral.
Notably, the code prohibits surrender except when "all reasonable means of resistance [are] exhausted and...certain death the only alternative," enjoins captured Americans to "resist by all means available" and "make every effort to escape and aid others," and bars the acceptance of parole or special favors from enemy forces. The code also outlines proper conduct for American prisoners of war, reaffirms that under the Geneva Conventions prisoners of war should give "name, rank, service number, and date of birth" and requires that under interrogation captured military personnel should "evade answering further questions to the utmost of [their] ability."
The Army and Marine Corps issued "clear explanations and guidance for the 429 articles of the Geneva Conventions" in 2020. [3] [4]
The authority for establishing the Code of Conduct, communication of intent, and assignment of responsibilities are outlined in the first three paragraphs of Executive Order 10631.
By virtue of the authority vested in me as President of the United States, and as Commander in Chief of the armed forces of the United States, I hereby prescribe the Code of Conduct for Members of the Armed Forces of the United States which is attached to this order and hereby made a part thereof.
All members of the Armed Forces of the United States are expected to measure up to the standards embodied in this Code of Conduct while in combat or in captivity. To ensure achievement of these standards, members of the armed forces liable to capture shall be provided with specific training and instruction designed to better equip them to counter and withstand all enemy efforts against them, and shall be fully instructed as to the behavior and obligations expected of them during combat or captivity.
The Secretary of Defense (and the Secretary of Transportation with respect to the Coast Guard except when it is serving as part of the Navy) shall take such action as is deemed necessary to implement this order and to disseminate and make the said Code known to all members of the armed forces of the United States. [5]
The Code of Conduct provides guidance for the behavior and actions of members of the Armed Forces of the United States. This guidance applies not only on the battlefield, but also in the event that the service member is captured and becomes a prisoner of war (POW). The Code is delineated in six articles.
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. [5]
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. [5]
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. [5]
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. [5]
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. [5]
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. [5]
A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.
The Prisoner of War Medal is a military award of the United States Armed Forces which was authorized by Congress and signed into law by President Ronald Reagan on 8 November 1985. The United States Code citation for the POW Medal statute is 10 U.S.C. § 1128.
Missing in action (MIA) is a casualty classification assigned to combatants, military chaplains, combat medics, and prisoners of war who are reported missing during wartime or ceasefire. They may have been killed, wounded, captured, executed, or deserted. If deceased, neither their remains nor grave have been positively identified. Becoming MIA has been an occupational risk for as long as there has been warfare.
Harold Keith "Johnny" Johnson was a United States Army general who served as Chief of Staff of the United States Army from 1964 to 1968. Regarded as a premier tactician, Johnson became skeptical that the level of resources given to the Vietnam War, much of which went into 'find, fix, and destroy the big main force units' operations, could deliver victory. Johnson came to believe that the Communist forces held a trump card, because they controlled whether there were engagements with U.S. forces, giving an option to simply avoid battle with U.S. forces if the situation warranted it.
Estimates of casualties of the Vietnam War vary widely. Estimates can include both civilian and military deaths in North and South Vietnam, Laos, and Cambodia.
The People's Volunteer Army (PVA), officially the Chinese People's Volunteers (CPV), was the armed expeditionary forces deployed by the People's Republic of China during the Korean War. Although all units in the PVA were actually transferred from the People's Liberation Army (PLA) under the orders of Chairman Mao Zedong, the PVA was separately constituted in order to prevent an official war with the United States. The PVA entered Korea on 19 October 1950 and completely withdrew by October 1958. The nominal commander and political commissar of the PVA was Peng Dehuai before the ceasefire agreement in 1953, although both Chen Geng and Deng Hua served as the acting commander and commissar after April 1952 following Peng's illness. The initial units in the PVA included 38th, 39th, 40th, 42nd, 50th, 66th Corps; totalling 250,000 men. About 3 million Chinese civilian and military personnel had served in Korea throughout the war.
Awards and decorations of the United States Merchant Marine are civilian decorations of the United States which are issued to the members of the United States Merchant Marine for a variety of duties both in peace and war. Originally authorized to be issued by the War Shipping Administration of the World War II era, these awards were later issued by the Maritime Commission and are currently issued by the Department of Transportation's Martitime Administration.
Survival, Evasion, Resistance, and Escape (SERE) is a training concept originally developed by the United States during World War II. It is best known by its military acronym and prepares a range of Western forces to survive when evading or being captured. Initially focused on survival skills and evading capture, the curriculum was designed to equip military personnel, particularly pilots, with the necessary skills to survive in hostile environments. The program emphasised the importance of adhering to the military code of conduct and developing techniques for escape from captivity. Following the foundation laid by the British, the U.S. Air Force formally established its own SERE program at the end of World War II and the start of the Cold War. This program was extended to include the Navy and United States Marine Corps and was consolidated within the Air Force during the Korean War (1950–1953) with a greater focus on "resistance training."
Captain Humbert Roque "Rocky" Versace was a United States Army officer of Puerto Rican–Italian descent who was posthumously awarded the United States' highest military decoration—the Medal of Honor—for his heroic actions while a prisoner of war (POW) during the Vietnam War. He was the first member of the U.S. Army to be awarded the Medal of Honor for actions performed in Southeast Asia while in captivity.
Operation Homecoming was the return of 591 American prisoners of war (POWs) held by North Vietnam following the Paris Peace Accords that ended U.S. involvement in the Vietnam War.
The National League of Families POW/MIA flag, often referred to as the POW/MIA flag, was adopted in 1972 and consists of the official emblem of the National League of Families of American Prisoners and Missing in Southeast Asia in white on a black background. In 2019, the National POW/MIA Flag Act was signed into law, requiring the POW/MIA flag to be flown on certain federal properties, including the U.S. Capitol Building, on all days the U.S. flag is flown.
Colonel James Helms Kasler was a senior officer in the United States Air Force and the only person to be awarded the Air Force Cross three times. The Air Force Cross ranks just below the Medal of Honor as an award for extraordinary heroism in combat.
The Joint Personnel Recovery Agency (JPRA) is a Chairman's Controlled Activity and is designated as DoD's office of primary responsibility for DoD-wide personnel recovery (PR) matters, less policy. JPRA is headquartered in Fort Belvoir, Virginia with schools located in Fredericksburg, VA and Spokane, WA. JPRA currently provides for commanders, forces, and individuals on joint PR activities through development and conduct of education and training courses, and specialized individual training. The agency assesses, advises, and evaluates PR curriculum and establishes Joint PR standards in collaboration with the DoD Components for formal Joint PR training, including Code of Conduct and SERE. JPRA also provides DoD Components with analytical support, technology research and integration, maintenance of databases and archives, and development of lessons learned. JPRA encourages partnerships by assisting with non-DoD agencies, multinational partners, and others, with PR-related education and training programs.
Tens of thousands of South Korean soldiers were captured by North Korean and Chinese forces during the Korean War (1950–1953) but were not returned during the prisoner exchanges under the 1953 Korean Armistice Agreement. Most are presumed dead, but the South Korean government estimated in 2007 that some 560 South Korean prisoners of war (POWs) still survived in North Korea. The issue of unaccounted South Korean POWs from the Korean War has been in dispute since the 1953 armistice. North Korea continues to deny that it holds these South Korean POWs. Interest in the issue has been renewed since 1994, when Cho Chang-ho, a former South Korean soldier presumed to have been killed in the war, escaped from North Korea. As of 2008, 79 former South Korean soldiers had escaped from North Korea.
During World War II, it was estimated that between 35,000 and 50,000 members of the Imperial Japanese Armed Forces surrendered to Allied service members prior to the end of World War II in Asia in August 1945. Also, Soviet troops seized and imprisoned more than half a million Japanese troops and civilians in China and other places. The number of Japanese soldiers, sailors, marines, and airmen who surrendered was limited by the Japanese military indoctrinating its personnel to fight to the death, Allied combat personnel often being unwilling to take prisoners, and many Japanese soldiers believing that those who surrendered would be killed by their captors.
Geoje-do POW camp was a prisoner of war camp located on Geoje island at the southernmost part of Gyeongsangnam-do, South Korea. It is considered the largest of the UNC established camps.
Members of the United States armed forces were held as prisoners of war (POWs) in significant numbers during the Vietnam War from 1964 to 1973. Unlike U.S. service members captured in World War II and the Korean War, who were mostly enlisted troops, the overwhelming majority of Vietnam-era POWs were officers, most of them Navy, Air Force, and Marine Corps airmen; a relatively small number of Army enlisted personnel were also captured, as well as one enlisted Navy seaman, Petty Officer Doug Hegdahl, who fell overboard from a naval vessel. Most U.S. prisoners were captured and held in North Vietnam by the People's Army of Vietnam (PAVN); a much smaller number were captured in the south and held by the Việt Cộng (VC). A handful of U.S. civilians were also held captive during the war.
The Korean War was a major conflict of the Cold War and among the most destructive conflicts of the modern era, with approximately 3 million killed, most of whom were civilians. It resulted in the destruction of virtually all of Korea's major cities, with thousands of massacres committed by both sides—including the mass killing of tens of thousands of suspected communists by the South Korean government, and the torture and starvation of prisoners of war by the North Koreans. North Korea became among the most heavily bombed countries in history.
A duty to escape is a requirement that military personnel attempt to escape from captivity if taken prisoner of war. It is referred to in Second World War prisoner of war films including 1963's The Great Escape but was not actually a duty imposed on British officers at the time. The duty was formally applied to U.S. military personnel as article III of the 1955 Code of the United States Fighting Force, which remains in effect.