"Status Definitions"
Terminology Related To Hostile Actions
Following are definitions of several terms relating to hostile actions. The definitions are based on those established in the Department of Defense Instruction 1300.18 of December 27, 1991; Chapter 76 of Title 10, United States Code; and international laws and conventions.
Chapter 76, Title 10, of the United States Code states: "The term 'missing status' means the status of a missing person who is determined to be absent in a category of any of the following:
Missing: A military service member is in a missing (missing) status if not at his duty location due to apparent involuntary reasons as a result of a non-hostile action and his location is not known.
MIA: A military service member is in a missing (missing in action) status if not at his duty location due to apparent involuntary reasons as a result of hostile action and his location is not known.
Interned: A person is in a missing (interned) status if that person has been taken into custody by a non-belligerent foreign power as the result of and for reasons arising out of any armed conflict in which the United States is engaged.
Captured: A person is in a missing (captured) status if he has been seized as the result of action of an unfriendly military or paramilitary force in a foreign country.
Beleaguered: A person is in a missing (beleaguered) status if a member of an organized element has been surrounded by a hostile force to prevent escape of its members.
Besieged: A person is in a missing (besieged) status if a member of an organized element has been surrounded by a hostile force for the purpose of compelling it to surrender.
Detained: A person is in a missing (detained) status if prevented from proceeding or restrained in custody for alleged violation of international law or other reason claimed by the organization or group under which the person is being held.
The following definitions are based on international laws and conventions:
Illegal Detainee: A person is an illegal detainee if prevented from proceeding or restrained in custody for alleged violation of international law or other reason claimed by the organization or group under which the person is being held. Detention is illegal if the reason he is being detained is in violation of international law or international agreements.
Hostage: A person held as a pledge that certain terms or agreements will be kept. (The taking of hostages is forbidden under the Geneva Conventions, 1949.)
Prisoner of War (POW): A detained person as defined in Articles 4 and 5 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949. In particular, one who, while engaged in combat under orders of his government, is captured by the armed forces of the enemy.
War Criminal: A person is determined to be a war criminal if found guilty of violating international laws and conventions that make up the law of war.
UN and NATO Provisions: United Nations (UN) protections, for UN members serving in a peacekeeping role, are provided for under Chapters 6 and 7 of the United Nations Charter. For example, Captain Scott O'Grady, USAF, was covered as a United Nations expert on mission. As such, the warring parties were required to return him immediately. If held, his status would have been "detainee." If Captain O'Grady had not been returned immediately, his status would have been "illegal detainee."
The protections provided to NATO forces in Bosnia are a result of a "status of forces" agreement signed by the three warring parties as part of the peace accords. NATO is not a party to the conflict. NATO forces are in-country at the request of the warring parties under a status of forces agreement established in the peace treaty negotiated by the United States. Since NATO is not a party to the conflict, NATO forces are not covered by the Geneva conventions pertaining to POWs. The Geneva conventions allow the warring parties in Bosnia to hold a service member of one of the other warring parties in a POW status until the end of hostilities. The status of forces agreement in Bosnia requires all parties to return immediately NATO forces members who come under their control, while according them the same level of treatment required for a POW under the Geneva conventions.
Department of Defense Doctrine:
prisoner of war
(DOD) A detained person as defined in Articles 4 and 5 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949. In particular, one who, while engaged in combat under orders of his or her government, is captured by the armed forces of the enemy. As such, he or she is entitled to the combatant's privilege of immunity from the municipal law of the capturing state for warlike acts which do not amount to breaches of the law of armed conflict. For example, a prisoner of war may be, but is not limited to, any person belonging to one of the following categories who has fallen into the power of the enemy: a member of the armed forces, organized militia or volunteer corps; a person who accompanies the armed forces without actually being a member thereof; a member of a merchant marine or civilian aircraft crew not qualifying for more favorable treatment; or individuals who, on the approach of the enemy, spontaneously take up arms to resist the invading forces.
prisoner of war personnel record
(DOD, NATO) A form for recording the photograph, fingerprints, and other pertinent personal data concerning the prisoner of war, including that required by the Geneva Convention.
prisoner of war camp
(DOD) An installation established for the internment and administration of prisoners of war.
prisoner of war branch camp
(DOD, NATO) A subsidiary camp under the supervision and administration of a prisoner of war camp.
prisoner of war enclosure
(DOD, NATO) A subdivision of a prisoner of war camp.
prisoner of war compound
(DOD, NATO) A subdivision of a prisoner of war enclosure.
prisoner of war censorship
(DOD) The censorship of the communications to and from enemy prisoners of war and civilian internees held by the United States Armed Forces. See also censorship.
Artwork: AII POW-MIA