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
The United States Department of Defense (DoD, USDOD or DOD) is an executive branch department of the federal government charged with coordinating and supervising all agencies and functions of the government directly related to national sec ...
directive consisting of six articles to members of the
United States Armed Forces
The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is ...
, 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
The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitutio ...
or public international law, such as the
Geneva Conventions
upright=1.15, Original document in single pages, 1864
The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Conve ...
.
History
The early history of rules for the army was founded by
Abraham Lincoln
Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
who signed the
Lieber Code
The Lieber Code of April 24, 1863, issued as General Orders No. 100, Adjutant General's Office, 1863, was an instruction signed by U.S. President Abraham Lincoln to the Union forces of the United States during the American Civil War that dictated h ...
in 1863.
During the
Korean War
, date = {{Ubl, 25 June 1950 – 27 July 1953 (''de facto'')({{Age in years, months, weeks and days, month1=6, day1=25, year1=1950, month2=7, day2=27, year2=1953), 25 June 1950 – present (''de jure'')({{Age in years, months, weeks a ...
in the early 1950s, Chinese and North Korean forces captured American
military personnel
Military personnel are members of the state's armed forces. Their roles, pay, and obligations differ according to their military branch (army, navy, marines, air force, space force, and coast guard), rank (officer, non-commissioned officer, or ...
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
A prisoner-of-war camp (often abbreviated as POW camp) is a site for the containment of enemy fighters captured by a belligerent power in time of war.
There are significant differences among POW camps, internment camps, and military prisons. ...
sought to control the minds of U.S. prisoners. North Korean and Chinese communists were not hesitant to use brutal and bloody
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...
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.
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
The Vietnam War (also known by other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vietnam a ...
. 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.
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.
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
Repatriation is the process of returning a thing or a person to its country of origin or citizenship. The term may refer to non-human entities, such as converting a foreign currency into the currency of one's own country, as well as to the pro ...
. Many former U.S. prisoners coming back to their homeland were criminally charged and tried for offenses that "amounted to
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
,
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.
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."
Colonel
Franklin Brooke Nihart,
USMC
The United States Marine Corps (USMC), also referred to as the United States Marines, is the maritime land force service branch of the United States Armed Forces responsible for conducting expeditionary and amphibious operations through co ...
, 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
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
by
President
President most commonly refers to:
*President (corporate title)
* President (education), a leader of a college or university
* President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ...
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
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
James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party, he previously served as the 76th governor of Georgia from 1 ...
in
Executive Order 12017
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
, and most recently in President
Ronald Reagan's Executive Order 12633
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
of March 1988, which amended the code to make it
gender-neutral
Gender neutrality (adjective form: gender-neutral), also known as gender-neutralism or the gender neutrality movement, is the idea that policies, language, and other social institutions (social structures or gender roles) should avoid distinguish ...
.
Notably, the code prohibits
surrender
Surrender may refer to:
* Surrender (law), the early relinquishment of a tenancy
* Surrender (military), the relinquishment of territory, combatants, facilities, or armaments to another power
Film and television
* ''Surrender'' (1927 film), an ...
except when "all reasonable means of resistance
reexhausted 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
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
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
Rank is the relative position, value, worth, complexity, power, importance, authority, level, etc. of a person or object within a ranking, such as:
Level or position in a hierarchical organization
* Academic rank
* Diplomatic rank
* Hierarchy
* ...
,
service number
A service number is an identification code used to identify a person within a large group. Service numbers are most often associated with the military; however, they may be used in civilian organizations as well. National identification numbers may ...
, and
date of birth
A birthday is the anniversary of the birth of a person, or figuratively of an institution. Birthdays of people are celebrated in numerous cultures, often with birthday gifts, birthday cards, a birthday party, or a rite of passage.
Many re ...
" and requires that under
interrogation captured military personnel should "evade answering further questions to the utmost of
heirability."
The Army and Marine Corps issued "clear explanations and guidance for the 429 articles of the Geneva Conventions" in 2020.
[ Joseph Lacdan (22 January 2020) Army updates Law of Land Warfare doctrine to increase guidance, clarity]
/ref>[US Army FM 6-27, C1 (20 September 2019) THE COMMANDER'S HANDBOOK ON THE LAW OF LAND WARFARE]
208 page handbook. The ''Department of Defense Law of War Manual'' (June 2015, updated December 2016) remains the authoritative statement
Executive Order 10631: Code of Conduct for members of the Armed Forces of the United States
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.
Articles of Code of Conduct
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.
See also
* Rule of Law in Armed Conflicts Project
The Rule of Law in Armed Conflicts Project (RULAC Project) is an initiative of the Geneva Academy of International Humanitarian Law and Human Rights to support the application and implementation of the international law of armed conflict.
Overvi ...
(RULAC)
* Survival, Evasion, Resistance and Escape (SERE)
References
External links
Code of the U.S. Army Soldier
The U.S. Fighting Man's Code, 1955
{{US military navbox
1955 documents
*Code of conduct
Codes of conduct
Military doctrines
United States military traditions
United States Fighting Force
United States Department of Defense doctrine