navmc 2500 joint manual for civil affairs 2500... · 2012-10-11 · 1-1. purpose and scope a....

DEPARTMENT OF THE ARMY FIELD MANUAL

DEPARTMENT OF THE NAVY PUBLICATION

DEPARTMENT OF THE AIR FORCE MANUAL

UNITED STATES MARINE CORPS MANUAL

FM 41-5OPNAV 09B2P1AFM 110-7NAVMC 2500

JOINT MANUAL FOR

CIVIL AFFAIRS

DEPARTMENTS OF THE ARMY, THE NAVY, AND THE AIR FORCENOVEMBER 1966

ARMY FIELD MANUAL 41-5

DEPARTMENTS OF THE ARMY, THE NAVY,NAVY PUBLICATION OPNAV 09B2P1

AND THE AIR FORCEAIR FORCE MANUAL 110-7MARINE CORPS MANUAL 2500

WASHINGTON, D.C., 18 November 1966

JOINT MANUAL FOR CIVIL AFFAIRS

*This publication supersedes FM 41-5/OPNAV P 21-1/AFM 110-7/NAVMC 2500, 17 November 1958 .

* FM 41-5*OPNAV 09B2P1

*AFM 110-7*NAVMC 2500

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Paragraphs Page

CHAPTER 1. Introduction 1-1-1-6 32 . Military-civil relationships -------------------------- 2-1-2-4 93 . Civil affairs organization --------------------------- 8-1-3-10 134 . Civil affairs operations ----------------------------- 4-1-4-13 255 . Plans 5-1-6-6 418 . Directives and agreements 6-1-6-6 457 . Control considerations ------------------------------ 7-1-7-4 49

APPENDIX A. References --------

B . Examples of law and ordinances -------- 59

INDEX • -------- 77

1-1 . Purpose and Scopea. Purpose. This manual provides informa-

tion and guidance on civil affairs (CA) organ-ization, concepts, and operations for UnitedStates Armed Forces .

b. Scope . The manual outlines the principlesand general policies to be followed by elementsof the Departments of the Army, Navy, andAir Force in planning and conducting civilaffairs operations. In instances where adapta-tion must be made in the material herein, re-course should be made wherever possible tospecific directives, and other source materials,and in any event, the matter shall be coordi-nated with other interested or responsible staffagencies including the appropriate judge advo-cate with regard to the legal aspects of civilaffairs operations .

c. Applicability . The basic principles hereinpresented are generally applicable to any civilaffairs operations, and are, except as may beotherwise specified in the text, pertinent tooperations in nuclear or conventional . warfare,general or limited war, as well as operationsconducted during peacetime, and cold war situ-ations to include counterinsurgency .

d. Comments. Users of this manual are en-couraged to submit recommended changes orcomments to improve the manual . Commentsshould be keyed to the specific page, paragraph,and line(s) of the text in which the change isrecommended. Reasons should be provided foreach comment to insure understanding andcomplete evaluation . Comments should be for-warded directly to the Commanding Officer, U.S .Army Combat Developments Command, CivilAffairs Agency, Fort Gordon, Georgia, 30905 .

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CHAPTER 1

INTRODUCTION

1-2. DefinitionsAll terms used herein are in accordance with

the definitions given in JCS Pub 1. For concise-ness U.S. Army designations for military unitshave been used throughout this manual.Equivalent Naval and Air Force units anddesignations are implied and should be substi-tuted or added where not mentioned but ap-propriate. The following term, not included inJCS Pub 1, is defined as follows

Status of Forces Agreement . An agree-ment which defines the legal position of avisiting military force deployed in theterritory of a friendly state. Agreementsdelineating the status of visiting militaryforces may be bilateral or multilateral .Provisions pertaining to the status of visit-ing forces may be set forth in a separateagreement, or they may form a part of amore comprehensive agreement. Theseprovisions describe how the authorities ofa visiting force may control members ofthat force and the amenability of the forceor its members to the local law or to theauthority of local officials . To the extentthat agreements delinate matters affectingthe relationships between a military forceand civil authorities and populations, theymay be considered as civil affairs agree-ments.

1-3 . Scope of Civil Affairs OperationsCivil affairs operations are as diverse as the

ranges of military-civil relationships . Theybring civil attitudes, needs, and goals to the at-tention of the military commander and theyconvey similar matters to appropriate civilianagencies. They involve advice and assistance tocivilian authorities in their relationships with

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military organizations and recommendations tothe military commander as to the conduct ofhis operations and troops that will promote co-operation and support on the part of the indi-vidual citizens and the government of the coun-try. They include essential liaison and thenumerous official and personal contacts associ-ated with securing support from and livingharmoniously with a civilian community. In-cluded, also, may be complete assumption ofexecutive, legislative, judicial, and administra-tive functions of an occupied enemy territoryduring or immediately subsequent to hostilities .Such matters as location, agreements in force,national policy, international law, and whetherhostilities are in progress influence the conductof civil affairs . Civil affairs operations may beconducted by or in support of combatant forcesin areas and under the circumstances indicatedbelow

a. Show of force through mobilization or de-ployment .

b. Counterinsurgency operations .

c. Peacetime military activities in U .S. terri-tory.

d. Territory of a friendly power duringpeacetime on the basis of an agreement .

e. Disaster relief or invitational emergencyintercession within the jurisdiction of a foreignpower.

f. Assistance in civil defense, emergency, ordisasters in both foreign and domestic terri-tory.

g. Territory of a friendly power during war-time generally on the basis of an agreement .

h. Wartime activities in the United States .i. Occupation of enemy territory .

j. Occupation of liberated territory, with orwithout a civil affairs agreement.

1-4. Civil Affairs Agreements

a. Generally, civil affairs and status of forcesagreements are concluded at the diplomaticlevel. Normally, the appropriate military au-thorities are consulted on the substance of theseagreements . The appropriate military com-

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mander should prepare and submit appropriaterecommendations on the substance of theseagreements to the responsible diplomatic per-son. The senior military commander, upon in-struction, may negotiate civil affairs agree-ments and necessary implementing agreementswith the central government, political subdivi-sions thereof, or with a responsible functioninggovernment in previously hostile territory .

b . In emergency situations it is possible thatinitial operations may be conducted withoutbenefit of a formal agreement . Under these cir-cumstances, agreements should be negotiated asrapidly as possible unless it is in the best inter-ests of the United States not to do so with aparticular government. Initial agreements maybe limited in scope and be subject to major re-vision or extension with the passage of time andaccumulation of experience . When time andknowledge of areas permit, theater or otherappropriate commanders should, prior to enter-ing areas of operation, draft civil affairs agree-ments to serve as a basis for discussion and toset out operational requirements of the militarycommand. Guidance in the preparation of thesedraft agreements will be provided by the Direc-tor of Civil Affairs, Office of the Deputy Chiefof Staff for Military Operations, Headquarters,Department of the Army, or, when established,by the joint civil affairs organization withinthe Joint Chiefs of Staff'

c. Among matters which may be delineatedin a civil affairs agreement are-

(1) Programs of common defense andmeasures for security.

(2) Channels of official liaison betweenUnited States forces and echelons ofgovernment at all levels .

(3) Official relationships with third partygovernments, people, and instrumen-talities .

(4) Authority for the military commanderto take emergency measures dictatedby the necessities of the military situ-ation .

(5) Provisions covering such matters asfreedom of movement, bearing ofarms, criminal and civil jurisdictionof host nation tribunals, taxes, licens-

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ing, customs payments, postal services,and similar regulatory matters .

(6) Policies and procedures with respectto claims involving both public andprivate property.

(7) The extent of jurisdiction, if any,which U.S. forces may exercise overthe civilian population .

(8) Extent of authority, processes, andreimbursement policies in connectionwith procuring by U .S. forces of facil-ities, supplies, labor, and other serv-ices .

(9) Fiscal arrangements including cur-rency to be used in the area .and regu-lations with respect to its possessionand exchange processes .

(10) Details as to character and amountsof military and civilian supplies andservices which each government willfurnish and essential administrativeprocedures .

(11) Coordination on matters of health andsanitation .

(12) Operation of educational institutionsor public utilities .

(18) Supervision of law enforcement sys-tem or operation of court system .

d. The senior U .S. commander should main-tain close liaison with U.S. diplomatic represen-tatives to insure maximum efficiency, unifica-tion of policy, and delineation of responsibil-ities and functions. Usually scope of authorityand procedural guidance will be covered in anExecutive Order issued by the President of theUnited States or by policy directive originatedwithin the National Security Council .

1-5. Objectives

a. Effective civil affairs operations will as-sist the military commander in the accomplish-ment of his objectives, regardless of area ofoperation or mission, through the following :

(1) Support and implementation of na-tional policies. The pattern and goalof civil affairs operations depend upon

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national policy. Development of policyis primarily the responsibility of non-military agencies. The implementa-tion of policy, however, may be theresponsibility of the Armed Forces .Commanders must take those meas-ures necessary for the accomplishmentof their general missions and requestguidance, where it has not been pro-vided in sufficient detail, to serve as abasis for planning and for the attain-ment of military-political objectives .

(2) Fulfillment of obligations arising fromtreaty, agreement, or customary inter-national law . Regardless of the cir-cumstances under which U.S. ArmedForces are employed in other coun-tries, international law imposes on themilitary commander obligations con-cerning civil populations, govern-ments, and economies . These obli-gations are usually specified in anagreement-status of forces, civilaffairs, aide-memoire, or similar ar-rangements, or by the law of war .These obligations are set forth in theHague Conventions of 1907, The FourGeneva Conventions of 1949, FM 27-10, DA Pam 27-1, and other servicepublications .

(3) Support of military operations inarmed conflicts. Civilian unrest anddisorganization associated with andresulting from insurgency and regularcombat action may seriously hindereffective employment of militaryforces. Tasks include control of refu-gees and displaced persons, mainte-nance of order, emergency preventionand treatment of disease, procurementof local manpower and material re-sources, provision of civilian relief,and stress upon conduct of relation-ships with civilian government, agen-cies, and people .

(4) Support of other military operations .Of equal importance, and often pre-senting more complex problems ofnegotiation and administration, are

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peacetime military-civil relationshipswhere commanders have neither au-thority nor jurisdiction over civiliansand may even share authority overtheir own installations and personnelwith constituted agencies of civilgovernment . Under these circum-stances, trained civil affairs staff offi-cers and the functional experts ofcivil affairs units provide an efficientmedium of liaison and negotiation .

Maintenance of reestablishment ofcivil government administration .When political institutions, economicsystems, and processes of civil admin-istration are disrupted or renderedimpotent by disaster, war, or insur-gency, many of the functions normallyperformed by civilian governmentsand agencies may be assumed by themilitary. Initially, as in the case ofoccupied hostile territory, this mayinclude assumption of authority andresponsibility for the exercise of anyand all governmental functions . Assituations become stabilized, many ofthe functions exercised by the ArmedForces are returned to civilian agen-cies. The transition normally is grad-ual and requires careful advance plan-ning for each phase of transference.

b. Successful accomplishment of the objec-tives in large part depends on the following

(1) Adequate plans based upon existingfacts and circumstances, departmentalguidance, and policy determinations .

(2) An adequate staff capability to assistthe commander in carrying out hiscivil affairs responsibilities . When thescope and nature of operations requirefunctional or operational civil affairscapabilities, civil affairs units shouldbe provided.

1-6. Principles of Operation

Certain principles pertaining to civil affairshave universal application. These principlesare reflected in SOLOG AGREEMENT 29 .

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(5)

"1 . The following general principles apply toall Civil Affairs and Military Government Op-erations ; they are the basis for initial planningpurposes in the absence of specific guidance :a. Humanity . The principle of humanity

prohibits the use of any degree of violence notactually necessary for the purpose of the war .War is not an excuse for ignoring establishedhumanitarian principles . To a large extentthese principles have been given concrete formin the law of war ; but because all of these prin-ciples have not become legal rules, a militarycommander should consider whether a pro-posed course of action would be humane eventhough not prohibited by international law .

b. Benefit of the Governed . Subject to therequirements of the military situation, the prin-ciple of governing for the benefit of the gov-erned should be observed .

c. Reciprocal Responsibilities. The com-mander of an occupying force has the right,within the limits set by international law, todemand and enforce such obedience from theinhabitants of an occupied area as may benecessary for the accomplishment of his mis-sion and the proper administration of the area .In return for such obedience, the inhabitantshave a right to freedom from unnecessary in-terference with their individual liberty andproperty rights .d. Command Responsibility. Responsibility

and authority for the conduct of Civil Affairs/Military Government operations are vested inthe senior military commander, who is guidedby directive from higher authority, nationalpolicies, applicable agreements and interna-tional law .

e . Continuity of Policy . Continuity and con-sistency in policy are essential to the successof Civil Affairs/Military Government opera-tions . Therefore, it is fundamental that over-all policy be developed at governmental or topcommand levels and transmitted through nor-mal command channels .

f. Inclusion of Civil Affairs/Military Gov-ernment Aspects in Plans and Orders. It isessential that military directives, plans andorders contain guidance to insure the accom-plishment of the Civil Affairs/Military Gov-ernment mission .g. Economy of Personnel. The duties of

Civil Affairs/Military Government personnelshould be confined where possible to supervi-sion over existing or reestablshed civilianauthorities.

h. Integration in Combined Operations . Incombined operations integration is desirable .This is achieved by exercising Civil Affairs/Military Government control through a com-

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bined command as opposed to establishing sepa- command levels but should not extend to therate areas of national responsibility. Such command of Civil Affairs/Military Governmentintegration should be included at appropriate

units of one nation by officers of another ."

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2-1 . General

The mission of a military commander in-cludes the responsibility for actions to securelocal understanding and support-to reduce orminimize the frictions inherent in the station-ing or deployment of U.S. military forces . Thisresponsibility, inherent in command, cannot bedelegated. A commander should, however, util-ize his staff to insure essential liaison, coordi-nation and control of activities associated withrelationships between military forces andcivilian government agencies and people . Thecharacter and degree of mutual support andcordiality attained in these relationships con-stitute a responsibility of command second onlyin importance to tactical operations and oftenhave a direct bearing on the success of assignedmissions. The impact of these relationshipsupon the performance of the mission of a com-mand is a primary concern of the military com-mander at all levels of command .

2-2. Relationships in CONUSa. The success of military operations and

activities can be assured only by developingcompatibility between civilians and the mili-tary. Such a relationship, is made up of manycomponent parts. Among them are the extentof participation in and identification with theaffairs of a community by military units andpersonnel resident in or near that community ;the degree of friendly cooperation involved inthe conduct of official business ; and the be-havior of .individual members of the militaryforces, particularly when absent from dutystations. Broad guidelines for conduct of rela-tions with civilian authorities, agencies, and

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CHAPTER 2

MILITARY-CIVIL RELATIONSHIPS

individuals together with jurisdictional deline-ations are contained in pertinent laws andregulations . In time of war or national emer-gency, security considerations, requirementsfor closer control of individuals, and opera-tional commitments increase the scope of au-thority and jurisdiction of military command-ers. In the United States civil authority isparamount, but under circumstances of civilemergency or hostile attack, military authoritymay temporarily support or displace segmentsof civil administration which are incapable ofcarrying out normal functions. Mission successwill be directly influenced by the manner inwhich military-civil relationships are coordi-nated and conducted. Responsiveness to civildefense requirements will reflect prior liaisonand planning between elements of the militaryestablishment and adjacent civilian communi-ties .

b. Civil affairs staff officers and units have avaluable capability to assist commanders inthe exercise of their required functions in do-mestic emergencies or in the aftermath ofhostile attack (JCS Pub 2) .

c. A U. S. military commander or domesticterritory may, on instructions from higherauthority or on his own initiative where cir-cumstances do not permit delay, take suchaction as may be necessary to maintain lawand order and the continuance of essential gov-ernmental services . Emergencies which justifyresort to martial law may include flood, earth-quake, windstorm, fire, riot, civil disturbance,or any other extraordinary circumstance be-yond the capabilities of civil governmentalofficials. Although in the United States no decla-ration of martial law is necessary, it is custom-

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ary for the President, a governor, or a militarycommander to publish a proclamation to informpeople of the nature of the emergency and thepowers granted or assumed by the militarycommander. This proclamation, of itself, doesnot necessarily confer authority on the militarycommander. It does serve, however, to, definethe area of military control and the specificgovernmental functions to be exercised. Aninitial proclamation of the type discussed inparagraph 6-2e may, with appropriate modi-fication of language, be applicable. Governmentin the United States is a civil responsibility,and the scope of military authority is limitedin application to the necessities of the circum-stance. Military officials of foreign countriespossess similar powers with the` limits of theirauthority varying among countries .

2-3. Relationships Abroada. All aspects of military-civil relationships

of concern to commanders on domestic soil arepresent in oversea areas. In foreign countries,new complexities and sources of friction areintroduced by language barriers, differences incustoms, and diverse legal procedures. In addi-tion, the terms of international law and agree-ments, necessitate close coordination with allies .The hostile attitudes and activities of insurgentor other anti-U.S. elements will complicate andmultiply the problems of the U .S. commanderconcerned. In enemy areas, national policy andinternational law provide general criteria forguidance and administration . In friendly coun-tries, policies, privileges, and authority must benegotiated against a background of the politi-cal, economic, and sociological structure of theindividual country, especially when militaryunits are not engaged in active hostilities . Stillother problems arise from dislocations of popu-lations, disruptions, and antagonisms caused bycombat or maneuvers. Possible locale and con-ditions of employment are too varied to touchmore than generally on a few representativeenvironmental factors which will tend to com-plicate military-civil relationships . - Some or allof the following conditions may exist

(1) In some situations, the attitude of therecognized government may be hostileto the introduction of U . S. concepts,

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and the government may lack the sup-port of large segments of its popu-lation. In other situations, the rec-ognized government may have thesupport of the majority of its people,but the popular attitude may considerU.S. political, economic, and socialconcepts as inferior or as not respon-sive to their needs .

(2) Legal institutions and conceptions offundamental rights, although theymay satisfy the aspirations of thepeople may not conform to our legaltraditions. That they are differentdoes not mean that they are inferior .

(3) Officials may be permitted to acceptgifts and hospitality under circum-stances that would justify a chargeof unethical or criminal conduct in theUnited States . Bribery and otherforms of malfeasance, though prohi-bited by law, may be accepted prac-tices as a result of local conditions .

(4) Public communications media may becontrolled and censored or be irre-sponsible by U. S. standards.

(5) Women and children by tradition mayhave an inferior status, and universalpublic education may be consideredundesirable for economic or culturalreasons such as poverty, religion, raceor caste .

(6) A small fraction of the population maycontrol large segments of land orother forms of property productive ofwealth .

(7) Religious practices may be contrary tousual U. S. notions of justice and indi-vidual liberty. The religious traditionsof the people may penetrate everyfacet of their private and public lives .The church establishment may be con-trolled by the government, or viceversa, lending either theological sanc-tion to political action or political sup-port to church dogma.

(8) Lack of adequate education or resist-ance by affected groups may haveslowed improvements in health and

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sanitation and more efficient agricul-tural and industrial practices .

(9) Wage scales may be radically differ-ent, for instance, mechanics may com-mand higher pay scales than medicaldoctors or public officials.

(10) Different physical conditions and fac-tors of resistance may make U. S .troops particularly susceptible to en-demic diseases.

(11) Humanitarian motives which mayprompt U. S. personnel to furnishemergency relief or render first aidmay run counter to local law, religion,or cultural standards . Individuals maynot want to be helped or may becomeoverly dependent if they receivebountiful* aid from U. S. troops. In-discriminate largess from U. S. per-sonnel may upset local economic con-ditions and not only earn no gratitudebut also may impose additional re-sponsibilities for the U . S. forces .

(12) U.S. labor employment and procure-ment activities in less well developedareas could be highly inflationary be-cause of increased income withoutcompensating increases in consumergoods production .

b. Military-civil relationships abroad arethus more complex and more challenging thanin the continental United States . They providecommanders with added incentives and oppor-tunities to exercise initiative and enterprise, toadvance national policies, and to develop lastinginternational friendships of mutual benefit tothe United States and the host country. Evenwhere the recognized government of the hostcountry has invited U .S. military units into itsterritory and has concluded agreements providing for their status and for the reciprocalresponsibilities of the visiting force and thelocal authorities, politically inspired oppositionto our aims and objectives may be encountered .Such opposition overtly or covertly organizedby political groups hostile to the United Statesor its allies can be expected to use every form,magnify each unfavorable incident, distort the

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reasons for the presence of U.S. forces, andgenerally use every tactic and technique to pre-vent attainment of U .S. objectives. In the faceof such opposition civil affairs staff officers andspecialists and other personnel performing civilaffairs functions must assist the commanderand all members of his command in maintaininga favorable image of the presence of U.S. forces .

2-4. Wartime Considerations

During periods of active hostilities, com-manders in the continental United States havemany added responsibilities . In addition tomore critical security considerations for theirpersonnel, plans, equipment, and facilities, theymay have important civil defense support rolefor civilian communities and assignments tosafeguard utilities, transportation, and com-munication facilities and industrial plants ofjoint military-civil interest. In oversea areas,the problem of achieving maximum civiliansupport and minimum civilian interferencewith tactical and logistical operations requiresmajor emphasis. Troops may stage on or oc-cupy territory of friendly powers where con-stant adjustments must be made betweensecurity measures, operational efficiency, andalienation of essential goodwill . There will beshortages of civilian manpower, facilities, andsupplies to meet the essential needs of the localpopulation and the requirements of the UnitedStates and friendly forces . In formerly hostileareas, the problem becomes particularly acute .Aside from inherent antagonisms based onpatriotism, propaganda, and war suffering, .commanders will be confronted with the tre-mendous complications of a war-shatteredpolitical and economic system . There will beshortages of essential food, shelter, and medicalsupplies, utilities and functions of public serv-ice will be damaged or destroyed ; civil adminis-tration will have broken down ; and streams ofdisplaced persons and refugees will . clog arter-ies of movement, pose threats to security, andcompete for remaining housing. Under thesecircumstances, the manner in which civiliansare treated and relationships are handled cantip the scale either toward civilian cooperationand support or active insurgency.

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3-1 . The Department of Statea. The Department of State is the agency

primarily charged with formulation and imple-mentation of foreign policy. In the field of civilaffairs, the Department of State has primary orcollateral interest in determination, amongothers, of policies concerning-

(1) The government in a particular coun-try with which U .S. Armed Forces willdeal .

(2) The extent to which the commanderof U.S. forces will intervene in the gov-ernment of a particular country .

(3) Any matters having an impact on ourrelations with other countries, partic-ularly our allies and neutral nations .

(4) The level at which the economy of agiven country will be maintained bycivil affairs operations.

(5) The level of feeding of civilians in acountry in which U.S. forces are sta-tioned, or are in combat, to whom sub-sistence in part or in wholee must beprovided by those forces .

(6) Any matters involving psychologicalwarfare, information and propaganda,and attitudes towards the indigenouspopulace .

(7) Plans for turning civil affairs activ-ities over to civilian control after theconclusion of hostilities either gener-ally or in a given country or area .

b . In oversea areas the exercise of the au-thority of the. Department of State is vested inthe Chief of U.S. Mission (the U .S. ambassadoraccredited to the country concerned or principalU.S. diplomatic officer in the area) .

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CHAPTER 3

CIVIL AFFAIRS ORGANIZATION

3-2. Department of Defense Level .a. Office of the Secretary of Defense. The

Office of the Secretary of Defense prescribespolicies and programs affecting civil affairsoperations of the Department of Defense, aftercoordinating with other Federal departmentsand agencies concerned .

b . Joint Chiefs of Staff . The Joint Chiefs ofstaff-

(1) Request, as required, guidance fromthe Secretary of Defense as to broadpolicies in the field of civil affairsoperations .

(2) Formulate specific policies within thebroad policies, modified as may benecessitated by requirements of themilitary situation, for transmittal tocommanders of unified and specifiedcommands and to representatives ofthe Joint Chiefs of Staff on alliedpolicy-making bodies .

(3) Issue interim guidance and directiveswhen, in an emergency, appropriateguidance is not available .

(4) Insure adequate coverage of civil af-fairs activities in all joint plans.

(5) Take such other actions as may benecessary to keep policy developmentand implementation abreast of currentmilitary, economic, and politicaltrends .

(6) When circumstances indicate the re-quirement, establish with appropriatecomposition a joint civil affairs or-ganization to assist the Joint Chiefsof Staff in discharging their responsi-bilities in the field of civil affairsplanning and operations.

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(7) When conditions warrant, recommendto appropriate authority the establish-ment of an organization, at allied com-mand level, analogous to the jointcivil affairs organization, and provideappropriate U.S. representation uponsuch organization .

c . Chief of Staff, U .S. Army . In accordancewith directives issued by the Secretary of De-fense and the Secretary of the Army, the Chiefof Staff, &S. Army, will-

(1) As Executive Agent for the JointChiefs of Staff for civil affairs plan-ning, initiate, for appropriate con-sideration by the Joint Chiefs of Staff,actions required to discharge the re-sponsibilities set forth in paragraph3-1b until a joint civil affairs organ-ization is established .

(2) Establish and operate civil affairstraining installations for the basiccivil affairs training of all U.S. civilaffairs units and personnel .

(3) Mobilize, train, and provide civil af-fairs units and personnel required inunified and specified commands exceptto the extent that this responsibilitymay be specifically assigned to the De-partments of the Navy and the AirForce.

(4) Furnish to the other services, at theirrequest, qualified personnel for servicein their civil affairs units as special-ists in the fields in which the Armynormally has an interest but in whichthe other services ordinarily do notrequire or maintain trained personnel .

(5) Make appropriate recommendations tothe . Joint Chiefs of Staff as to ade-quacy of detailed plans prepared byother agencies and by commanders ofunified and specified commands as apart of the normal review procedure.He also insures the necessary coordi-nation with-U.S. governmental agen-cies .

d. Chief of Naval Operations and/or theCommandant o f the Marine Corps . The Chief

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of Naval Operations and/or the Commandantof the Marine Corps will mobilize, train, anddeploy civil affairs units and personnel requiredto support the operations of forces, activities,and facilities of the Navy and the Marine Corpsin accordance with directives issued by theSecretary of Defense and Secretary of theNavy. This will be equally applicable to theCoast Guard when, in time of war, certain ofits operations and facilities are assigned to theoperational control of the Department of theNavy. Upon request of the Chief of Staff, U.S.Army, the Department of the Navy will providespecially qualified personnel for duty in Armycivil affairs training and operational units asinstructors or specialists in matters of primaryconcern to the Navy and Marine Corps .

e. Chief of Staff, U .S. Air Force . The Chief ofStaff, U.S. Air Force, upon request of the Chiefof Staff, U.S. Army, will furnish specially quali-fied personnel for service in Army civil affairstraining and operational units as instructors orspecialists in matters of primary concern to theAir Force .

f. Common Service Responsibilities . In ac-cordance with directives issued by the Secre-tary of Defense and the Secretaries of theirrespective Military Departments, the Chief ofStaff, U.S. Army ; the Chief of Naval Oper-ations ; the Chief of Staff, U.S. Air Force ; andthe Commandant of the Marine Corps-

(1) Direct their respective services to in-clude adequate coverage of civil affairsresponsibilities in service planning,to the extent appropriate .

(2) Make pertinent recommendations tothe Joint Chiefs of Staff as to the ade-quacy of detailed civil affairs oper-ational plans or annexes prepared bythe commands, as a part of normal re-view procedure .

(3) Inform the Joint Chiefs of Staff ofany developments that require modi-fication of policy guidance or oper-ational instructions issued by the JointChiefs of Staff, and recommend ap-propriate action .

(4) Determine and provide to the other

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services for inclusion in their mobili-zation plans the estimated phased mo-bilization requirements for cross-serv-ice support related to civil affairs infurtherance of c(4), d, and e, above.

g. Commanders of Unified and SpecifiedCommands. Each commander-

(1) Will plan for the conduct of such civilaffairs operations as may be appropri-ate in his area of responsibility as anintegral part of his mission, in accord-ance with guidance, policies, plansand operational instructions furnishedhim by the Joint Chiefs of Staff .

(2) Will secure, through the Joint Chiefsof Staff, civil affairs units and person-nel required to execute his plan, in thesame manner that other forces aresecured .

(3) Will, as required, provide for a politi-cal advisor on his staff, to be furnishedby the Department of State, whoseduties shall be limited to advising himas to details of implementation of es-tablished policy, and for furnishinginformal technical contact with theDepartment of State to expedite thatdepartment's decision as to mattersof policy determination or changes .

(4) Is authorized, but not required, todelegate his authority for civil affairsmatters to one of the service com-manders in his area. The Army com-ponent commander normally will bethe person to whom this authority isso delegated .

h. Unit Commander. Each commander of aunit of the U.S. Armed Forces, regardless of itssize or subordination, will-

(1) Comply with applicable provisions ofinternational law in his relations withthe civilian persons in, and govern-ment of, a country in which his unitis stationed or in combat ; and requiresuch compliance by members of hiscommand.

(2) Perform such missions in the field

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of civil affairs as may be directed byappropriate authority .

(3) Except as otherwise directed, look toappropriate civil affairs units and per-sonnel to secure for him necessaryassistance, supplies, and facilitiesfrom indigenous sources, and to dealwith local civilians and governmenton his behalf.

3-3. Organization at Department of theArmy Level

The Directorate of Civil Affairs is estab-lished as an element of the Army general staffwithin the Office of the Deputy Chief of Stafffor Military Operations who exercises staffsupervision over matters pertaining to-

a. Civil affairs activities under jurisdictionof U.S. Army incident to relationships resultingfrom implied or explicit agreements betweenthe United States and other states relative tothe stationing or employment of U .S. forceson foreign territory.

b. Civil affairs activities under jurisdictionof U.S. Army incident to the exercise of govern-mental functions in territory under the controlof U.S. Armed Forces .

c. The planning and readiness measures re-quisite to United States Army conduct of civilaffairs operations .

d . Monitoring programs and policies rela-tive to Civil Affairs Branch (Reserve) .

e. Civil administration of assigned foreignareas.

3-4. Organization for OperationsThe organization for civil affairs in areas of

operations generally consists of general staffsections and units . Operations normally will beconducted by joint or combined organizationalstructures. Each commander of a unified com-mand will secure through the Joint Chiefs ofStaff the required civil affairs units and per-sonnel in the same manner as other forces aresecured. Civil affairs authority normally is dele-gated to the senior U.S. Army commander inthe area of operations. Integration of civil

1 5


affairs personnel is essential in combined opera-tions but normally should not extend to thecommand of civil affairs units or detachmentsof one nation by officers of another .

3-5. Civil Affairs Staff Sectionsa. The civil affairs section has primary re-

sponsibility for the planning, coordination, andsupervision of civil affairs operations and forproviding advice on relations between militaryforces and the civilian population and on theimpact of military activity on a local commun-ity. It is on the general staff level at mostechelons of Army command down to and in-cluding divisions and comparable commands .On joint staffs, the civil affairs section will begiven an appropriate joint staff designation .In a large command or where civil affairs func-tions may become a major or primary missionof the command, the commander may appointa deputy for civil affairs operations or makethe civil affairs officer a member of his per-sonal staff .

b. The staff organization for civil affairs ac-tivities should be sufficiently flexible to meetthe particular needs of the command echelonand area in which it operates as determined bythe commander. It should provide not only forcontingencies of wartime but also for conditionsshort of war and peace. At army, corps, anddivision headquarters and at comparable levelsin the communications zone, civil affairs func-tions normally are conducted by a separateentity of the commander's staff . At lowerechelons in the combat zone and communica-tions zone, a civil affairs subsection operatingas an element of the operations or commandsection may perform the required functions.The civil affairs staff section or equivalent staffelement assists the commander in the exerciseof his command by performing the duties pre-scribed in FM 101-5 .

c. Standardization of Operations and Logis-tics (SOLOG) Agreement 41, and Standard-ization Agreement (STANAG) 2058 providethat a division headquarters of the powers con-cerned will include a civil affairs officer andstaff when the division operates under the com-

16

mand of a U.S. Corps. (This will not apply whenassignment is temporary .) The armies of thesecountries will accept the responsibility for ap-propriate administration and support requiredby attached civil affairs personnel or units ofany of the other armies .

d. For further information on civil affairsstaff organization and procedures see JCS Pub2, FM 41-10, and FM 101-5 .

3-6. Civil Affairs Unitsa. A commander delegated authority to con-

duct civil affairs operations normally will exer-cise that authority through a single civil affairscommand consisting of a headquarters unit andits subordinate units and teams, such as thetheater army civil affairs command (TACAC) .Most civil affairs commands possess flexibilitybased on cellular-type functional teams and arecapable of performing either command or areasupport operations .

b. Civil affairs command support units arethose provided for operational use to Armygroups, fleets, air forces, field armies, corps,divisions, and other commands (includingMAAG's and missions), as required . Units maybe either assigned or attached and normallywill accompany the command in movement .

c. Civil affairs area support units are at-tached to major tactical or administrative unitsto augment command support units or to per-form civil affairs functions in specific geograph-ical or political subdivisions or of a specializednature.d. Support units will vary greatly in strength

and composition, being tailored to the require-ments of the supported organization and itsmission. The smallest civil affairs unit mayoperate separately in command support of acombat division or, with appropriate augmenta-tion, conduct area operations in a town, ruralcounty or similar political subdivision . Civilaffairs units with greater capability are de-signed to assume responsibilities . for the civilaffairs operations of progressively higher mili-tary echelons or to conduct area operations inlarge cities, provinces, states, or countries. Thisflexibility of civil affairs units is inherent in

AGO 6062A

their cellular-type organization which lendsitself to tailoring for any given mission .

e. Civil affairs units are provided to area-oriented counterinsurgency forces. These unitsprovide personnel possessing those civil affairsskills required by the mission .

3-7. Functions and Teamsa. Civil affairs units gain their flexibility

and comprehensive capability to conduct as-signed missions through the size and composi-tion of cellular functional teams . These teams,of graduated strength, consist of individualswho are technically qualified either to advise orto direct civilian counterparts in any political,economic, or sociological function . They mayperform the functions themselves where thecivilian apparatus is inoperative. For purposesof training, administration, and operations,civil affairs functions are divided into 21 sepa-rate categories which generally are consolidatedinto four broad areas of more nearly relatedactivities in the interest of organizationalstandardization and effectiveness of controlspan. Each function is related to a certain ex-tent to every other function, and their over-lapping and interlocking relationships obviateexclusive interest within any functional area .At the same time, some of the individual func-tions impose requirements for specialist per-sonnel in more than one skill . For example, thefood and agricultural function may requireexperts in agronomy, animal husbandry, for-estry, fisheries, manufacturing, processing,storage, and distribution.

b . Nothing contained in this paragraph isintended in any way to derogate from the au-thority and responsibility of other staff agen-cies of the various military commands .

c. In actual operations, functional organiza-tion will vary with the nature of the mission,availability and individual qualifications ofpersonnel, and commander preferences . In thismanual (see FM 41-10 for additional guidance)they are grouped into the following categories

(1) Government functions .(a) Civil government .(b) Public law.(c) Public education .

AGO 6062A


(d) Public finance . ( e) Public safety .(f) Public health .(g) Public welfare .(h) Labor .

(2) Economic functions .(a) Economics.(b) Civilian supply.(c) Commerce and industry.(d) Food and agriculture .(e) Price control and rationing .(f) Property control .

(3) Public facilities functions .(a) Public works and utilities .(b) Public communications .(c) Public transportation.

(4) Special functions .(a) Displaced persons .(b) Arts, monuments, and archives .(c) Civil information .(d) Religious affairs .

d. The governmental functions deal withthose activities normally associated with gov-ernment. The primary mission here is the pro-motion or restoration of governmental stabilityunder law .

(1) Civil government . This function isconcerned with the structure andconduct of government at all levels .Exercise of the function is basedon knowledge of governmental prac-tices and political activities, applica-tion of local history, and review ofactions of civil officials in accordancewith competent directives . The goalis implementation of policy decisionsand law with respect to control of, orrelationship with, government in thearea of operations . Included in thisfunction during an occupation aresuch activities as the establishment ofappropriate political organizationsand governmental structures, theselection of officials to be installed, re-moved or retained, and the day to daysurveillance over . governmental agen-cies to insure adequate support ofU.S. forces and adherance to the pur-poses of the occupation . During anoperation involving lesser degrees of

17


18

control the civil government functionmay involve liaison with governmentagencies on matters of mutual concernto the U.S. forces commander andlocal agencies of the host government .Such liaison will be carried out in con-sonance with the agreed terms estab-lished at national level by the hostgovernment and U.S. Department ofState representatives.

(2) Public law . This function deals withthe legal implications of relations withthe governments and populations ofnations wherever U .S. military per-sonnel are present. These functionsmay include, depending upon the cir-cumstances, some or all of the follow-ing matters

(a) Preparation of opinions on ques-tions of law pertaining to civil-mili-tary jurisdiction, contracts, bonds,and other administrative matters .

(b) Creation of or supervision of tri-bunals .

(c) Review of or drafting of agreementswith local authorities .

(d) Review of or drafting of legislationsuch as decrees, ordinances, andsimilar type documents .

(e) Legal advice in connection withproblems arising from local pro-curement and supply actions.

(f) Provision of assistance to and train-ing of local legal personnel.

(3) Public education. This function isconcerned with the assistance in orsupervision of educational programsand institutions, including libraries .Included are the closing or establish-ment of all schools ; determination ofcurricula ; screening of administrativeand instructor personnel ; control offacilities, school supplies and books ;and preparation of procedures forsupervision of administration .

(4) Public finance . This function is ofvast importance in the conduct of eco-nomic warfare and economic stabiliza-

tion measures. It includes control,supervision, and audit of fiscal re-sources, budget practices, taxation,expenditures, handling of public funds,currency issues, and financial institu-tions ; determination of fiscal account-ing procedures ; review of publicfinance laws, and similar activities . Itis essential that activities in this func-tion be accomplished in an integratedand uniform manner within each na-tional area.Public safety . This function, basic incivil affairs operations, includes avariety of activities designed to exer-cise populace and resources controland promote public order. Among theprincipal public safety activities arelaw enforcement measures, includingtraffic regulation, police patrols, crimeprevention, control of public meetings,parades and the like ; fire-fighting ;restoration of order in disasters, civildisturbances, and civil defense emerg-encies ; arrangement for warningservices ; counterguerrilla measures,operation or supervision of confine-ment facilities ; coordination withcounterintelligence activities ; andsafeguarding of supplies, materiel,equipment, buildings, and areas .

(6) Public health. This function is con-cerned with measures to preserve orrestore conditions of public health andto protect the health of military forces .It includes such fields as review ofadequacy of medical and auxiliarypersonnel ; administration or super-vision of medical and sanitation facil-ities ; care and disposition of remains ;protection of food and water supplies ;disposal of sewage and waste ; ar-rangements for preventive medicalservices ; and treatment of sick andwounded civilians, including provi-sions for medical assistance by mili-tary units when necessary . In warsituations, it has now been providedby the Geneva Civilian Convention of1949 that belligerents must protect

(5)

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the wounded, sick, aged, children, andexpectant mothers from the effects ofwar. This Convention also providesthat civilian hospitals and medicaltransportation facilities are entitledto the same protection from attack asis provided for military medical unitsand facilities .Public welfare . This function is con-cerned with emergency and reliefmeasures essential to public order andwelfare. Included are supervisionover public and private institutionsfor the care of children, the aged, andhandicapped and over miscellaneouscharitable and relief organizations .Emergency shelter and feeding cen-ters, relief supplies from militarysources, safeguarding appropriate es-tablishments, and the area defenseand evacuation plan may be involved .

(8) Labor. This function is concernedwith assistance to, liaison and coordi-nation with, and in appropriate cases,supervision or operation of govern-ment and private agencies concernedwith labor . Typical areas of concernare-

(a) Determination of the availability ofmanpower for essential civilian re-quirments, rehabilitation of theeconomy, and military support func-tions,

(b) Maintenance or development ofwage and manpower controls with-in the local economy,

(c) Maintenance or development of lawsand regulations for the protectionof workers,

(d) Operations of labor organizations,(e) Settlement of labor disputes .

In addition to activities in the laborfield directed primarily to the localeconomy and government, civil affairselements provide assistance in the pro-curement of labor available fromrefugee or local civilian sources, toU.S. Armed Forces staff and operatingelements concerned with the utiliza-

(7)

AGO 6062A


tion and administration of civilianpersonnel in direct military supportfunctions. (For guidance on the ad-ministration of foreign labor in directmilitary support, see DA Pam 690-80/NAVEXOS P-1910/AFM 40-8/NAV-MC 1196, and paragraphs 14 .4-14.6,and 15.10-15.12, FM 100-10 .)

e. Economic functions are significant in con-siderations of mutual military support, rehabil-itation programs, and long-range economicplans, and environmental improvement.

(1) Economics. This function includesthe general matters pertaining to theeconomy of an area such as restora-tion, military use of local resources,economic warfare plans, economic sta-bilization measures, exports and im-ports, production and movement ofgoods, and laws and agencies con-cerned with. economic activities. Theextent of command involvement is con-tingent on the mission of . the U.S .force.

(2) Civilian supply . This function is con-cerned with military supplies for useby, or for the benefit of, the civilianpopulation or with civilian supplies re-quired for military use. In occupationsand during conflicts not of an interna-tional character, the minimum com-mand responsibilities prescribed bythe Geneva Conventions of 1949 (DAPam 27-1) will apply . These obliga-tions may be extended by U .S. policy.In other situations, specific treatiesand civil affairs or other agreementswill delineate the military command-er's responsibilities and the local civil-ian contribution to the military effort.Some of the factors to be consideredare strategic-logistic aspects, normalstandards of living, agricultural andindustrial patterns, transportationavailable for distribution of supplies,and adequacy of protection for civilianresources .

(3) Commerce and industry. This func-tion is concerned with the develop-

1 9

FM 41-5/OPNAV 09B2P 1 /AFM 110-7/NAVMC 2500

20

ment of, or relationship with, localcommerce and industry in accordancewith the U.S. policy or announced ob-jectives to include plant rehabilitationand offshore procurement potentials .Included are surveys of basic activ-ities, facilities and potential ; deter-mination of requirements for machin-ery, raw materials, and supplies, andsupervision of natural resources .

(4) Food and agriculture . This functionapplies to civilian production, process-ing, storage, and distribution of foodsto reduce the importation of food forcivilian and military use . It also hasapplication to land conservation, fish-ing, forestry, and farm machinery . In-cluded are surveys of farming meth-ods, natural resources, and processingfacilities.; estimates of requirementsfor food, fertilizer, and farm ma-chinery ; and recommendations on con-trols, restrictions, and protectivemeasures .

(5) Price control and rationing . Thisfunction concerns measures to insureequitable and effective distribution ofessential commodities. Control ofprices, rationing, rent control, andother related restrictions may be re-quired to prevent hoarding, inflation,black-marketing, and diversionary ac-tivities. Included are supervision ofofficials, procedures to control andallocate imported supplies, measuresto prevent exportation of needed sup-plies, and control or prohibition ofpurchases and sales between troopsand civilians .

(6) Property control . This function isconcerned with measures in imple-mentation of laws, regulations, and di-rectives bearing upon the control,management, administration, preser-vation, and custody of various cate-gories of property . In the discharge ofthis function, it is extremely importantthat complete and accurate records

are maintained of the property placedunder property control. These recordsshould include the description of theproperty, its location, the names andaddresses of custodians and claim-ants, its value, and any other pertinentinformation. In this way the legalrights of potential claimants for theproperty may be protected and thepossibility of expensive and protractedlitigation involving the United Statesmay be reduced .

f. Public facilities cover three somewhat re-lated technical functions which have both na-tional and local import. They are particularlysignificant because of their close relationshipto, and possible direct employment in the mili-tary effort and because of their importance toprograms of environmental improvement andpopulation control.

(1) Public works and utilities . This func-tion is concerned with such facilitiesas buildings, dams, water, gas, wastedisposal, and electrical power, includedare survey of facilities, analysis ofregulatory agencies, determination ofutilities requirements, and allocationof utilities to military and civilian use .

(2) Public communications . This functionis concerned with postal services andwith all civil communications facilitiesand equipment not under the directmilitary control of the signal officer.It is also concerned with such mattersas civilian technical specialists in thisfield, communication parts and mate-riel, regulatory organizations, andinternational agreements relative tocommunications.

(3) Public transportation. Railways, high-ways, airways, and waterways whichare under government or private op-eration and which form a system ofpublic transportation are within thescope of this function. Command in-terest may extend to military use,routes, regulatory agencies, technicalassistance, protection, and operation .

AGO 6062A

g. Special functions are a residual categoryof civil affairs activities dealing with people,their rights as individuals, and cultural . andrelated activities . They have special signifi-cance to the commander, not only because of re-quirements under international law, but be-cause of the intense effects they have on people'sattitudes, allegiances, and respect or distrust ofhis forces and operations . They are groupedfor reasons of convenience and to facilitate staffsupervision of closely related activities . Theyinclude-

(1)

(3)

AGO 6062A

Displaced persons, refugees, and evac-uees. This function is concerned withthe control, care, repatriation, orsettlement of displaced persons, refug-ees, and evacuees or with the move-ment and reestablishment of village orsmall town populations in a govern-ment relocation program . Activitiesnormally included are movement con-trol to prevent interference with mili-tary operations, planning for construc-tion of refugee camps, and operationor support of such camps .

(2) Arts, monuments, and archives . In itsbroad aspects, this function seeks toinsure respect and protection of thetraditional culture, customs, and artsof an area . It is specifically concernedwith maintenance or establishment ofprotective measures for cultural prop-erty such as important religious edi-fices, monuments, and movable objectsincluding archeological, historic, scien-tific, and artistic objects and collec-tions . This function also includesarchival duties and tasks concernedwith cultural, governmental, and eco-nomic records having an intelligencevalue. The function may include anarea of concern with cultural affairsand respect for local customs andtraditions.

Civil information. This function isconcerned. with the supervision andcontrol of mass communications me-dia such as press, radio, television,and the information implications of


motion pictures and entertainment ;censorship, and the dissemination ofinformation ; and all facilities requiredtherefor . These media may be usedin the dissemination of a commander'spolicies and purposes or to gain theunderstanding, confidence, and sup-port of a population toward the ac-complishment of his mission . Psycho-logical operations consolidation unitsmay be attached to civil affairs unitsto support civil information opera-tions or psychological operations per-sonnel presently on the commander'sstaff may be utilized for the samepurpose.

(4) Religious affairs . Commanderscharged with this function shouldendeavor to foster or preserve religi-ous freedom ; to protect shrines, build-ings, symbols, and devices associatedwith religion, and to support clergyof all faiths and creeds in their peace-ful practices . Restrictions on the free-dom of religion and the practice there-of are permitted only in the interest ofpublic order, public health, and .morals. Rites detrimental to the lifeor health of the practitioners may beprohibited .

3-8. Personnel

a. The extensive authority given to personnelof all ranks assigned to civil affairs duties re-quires a high degree of integrity, honor, judg-ment and prudence. Under no circumstancesshould individuals allow themselves to becomecompromised or indebted, socially or otherwise,to any local individual or group. They shouldbe astute and considerate in all personal rela-tionships, conducting themselves with simpledignity as befits their position and the govern-ment they represent. A civil affairs operationconducted by or on behalf of an allied govern-ment or by the United States alone will followa pattern as determined by policy decisions .Although individuals may hold differing viewson policy pronouncements, they must take carethat personal opinions neither interfere with

2 1


the execution of their duties nor are trans-mitted in any manner to the local populace .During war, at the termination of active hostili-ties, or during counterinsurgency operations,it may become necessary to assign additionalpersonnel to civil affairs staff sections and units .Every effort should be made to select personsbest suited to such duties and to give themsuch preparation as the situation permits . Asudden influx of untrained personnel into civilaffairs activities should be avoided . It is essen-tial that personnel engaged in such duties beconstantly supervised and their actions ob-served by competent supervisory personnel .

b. The qualifications required by personnelengaged in civil affairs operations vary greatly.Civil affairs officers fill four types of positions-

(1) Civil affairs staff section chiefs anddeputies . These officers should be ex-perienced in military organization,tactics, and staff procedures . Theirtraining should include civil affairsprinciples, policies, and organization .

(2) Functional specialists . Functional spe-cialists must be highly qualified,through education and experience, inthe supervision of such functions aseconomics, governmental controls,public facilities, and other functionspreviously enumerated .

(3) Unit commanders and executives .These positions are occupied bytrained civil affairs officers withknowledge of military organizationand administrative procedures andwith command experience.

(4) Unit officers . Officers assigned to civilaffairs units must have had generalmilitary training, as well as civil af-fairs training, sufficient to qualifythem for the specific jobs to whichthey are assigned .

c. Civil affairs enlisted personnel fall withintwo general categories-

(1) Military administrative and servicepersonnel . Enlisted personnel assignedto purely military functions are se-lected by military occupational spe-

22

cialty (MOS) or Navy enlisted classi-fication (NEC) or Air Force specialtyclassification (AFSC) . Such personnelshould normally receive unit and func-tional training in civil affairs units.

(2) Specialists . Enlisted men of this cate-gory are selected on the basis of mili-tary and civilian background andtraining. After selection, they aregiven training in the application oftheir special knowledge to civil affairssituations .

3-9. Traininga. The civil affairs responsibilites of all mili-

tary commanders will be emphasized. Trainingfor counterinsurgency operations particularlywill stress-

(1) The primacy of the political natureand objectives of military operations .

(2) That the interplay between militaryand political objectives is so intricatethat they must be carefully balanced ;and

(3) That every military move must beweighed with regard to its politicaleffects and military effects .

Civil affairs staff sections and units will par-ticipate in command post exercises and maneu-vers and elements of participating forces . Itis desirable that such staff sections and unitsbe trained with the force or at the level ofoperations to which they will be assigned .

b. Personnel selected for civil affairs dutywill be given appropriate training in the func-tions and capabilities of civil affairs units andstaff sections . Where appropriate the trainingof functional specialists will be directed towardadapting civilian skills to the civil affairs mis-sion rather than attempting to create functionalspecialists from military personnel who lacksuch training, experience, or skills .

c. Training principles have been standardizedby agreements between the United States,United Kingdom, and Canada in SOLOG,among the NATO powers in STANAG (FM41-10) and among the SEATO powers in SEA-STAG. In addition to the training of civil af-

AGO 6062A

fairs personnel, STANAG Agreement No . 2065and SEASTAG Agreement No . 2065 call forbasic orientation in civil affairs to be providedfor all active duty military personnel prior toor during movement overseas . All officers onactive duty will be given instruction to imparta general knowledge of civil affairs organiza-tion and operations .

d. The Department of the Army has beengiven the responsibility for all civil affairstraining except for such responsibility as maybe specificially assigned to the Navy or MarineCorps for the support of their own activitiesand facilities (JCS Pub 2) .

3-10. Other Agenciesa. In the execution of his civil affairs respon-

sibilities, a commander may assist or receiveassistance from agencies outside his militaryestablishment, such as private organizations,U.S. civilian governmental agencies, interna-tional organizations, or foreign military orcivilian agencies and organizations engaged invarious civil affairs related activities in anarea of operations . Subject to any applicableagreement or provision of law or regulation,commanders may cooperate with such agenciesin the exchange of information and assistanceand in the attainment of mutually compatibleobjectives. Policy on coordination of activitiesshould be developed at the highest echelon. Onthe working level, close liaison should be main-tained.

b . Civil affairs staff sections or units mayrequire the attachment or assignment of quali-fied personnel not normally found in civilaffairs units to perform in specialized functionsor to provide additional support . Supportingunits or personnel may come from Army tech-nical and administrative services (FM 41-10),the Navy, the Air Force, other U . S. govern-mental or private agencies, and allied or inter-national organizations . The character andamount of support furnished by other agencieswill be determined by the requirements forassistance, availability of supporting agencies,and theater policy . The potential diversity andcomplexity of civil affairs operations as toarea and mission .are such that it is only prac-

AGO 6062A


tical in a manual of this scope to touch upona few examples of the type of support whichmay be required or available. They may in-clude-

(1) Navy or Coast Guard personnel to-(a) Manage or advise on operation of

waterborne commercial shippingfacilities and craft .

(b) Provide technical advice on currents,tides, and offshore weather .

(c) Assist in the development or reha-bilitation of shipbuilding industries.

(d) Plan and police marine life conser-vation and industry programs .

(e) Carry out enforcement activitiesconcerned with illegal shipping andcommerce .

(2) Aviation personnel (Air Force, Navy,Army, or civilian) to-

(a) Furnish technical assistance in theinitiation or improvement of com-mercial air service and facilities .

(b) Provide advice or assistance in theprocurement or construction of air-craft and related equipment.

(c) Operate aircraft allocated to supportof civil affairs operations .

(3) Other U . S. governmental agencies to-(a) Provide national policy guidance

(para 3-1) .(b) Assign liaison personnel in the in-

terest of coordination, advice, andtransition of controls .

(c) Assist in relocation and repatriationprojects .

(d) Support relief, welfare, and rehabili-tation operations .

(e) Furnish qualified technicians, spe-cialists, and consultants to assist inspecial projects or situations .

(4) Allied or international agencies to-(a) Staff international tribunals, control

commissions, or advisory bodies .(b) Render such additional assistance as

may be required by policy or theexigencies of the situation .

23


24

(c) Support relief, welfare, health, and

(b) Aid in the establishment or develop-rehabilitation operations.

ment of educational programs and(5) Religious, welfare, or private com-

facilities .mercial interests to-

(c) Advise in the development of local(a) Assist in relief and welfare pro-

resources, industry, and trade .grams.

AGO 6062A

4-1 . Civil Affairs Mission

The mission of a civil affairs staff officer orthe commander of a civil affairs organization isto plan, advise, conduct, and supervise militarycontacts with civilians so as to produce thegreatest contribution toward the accomplish-ment of the military objectives in a given areaor country. The nature of civil affairs opera-tions in a particular situation is affected bysuch variables as command mission, environ-ment, status of hostilities, national policy, andthe provisions of laws and agreements applica-ble to the command . Conditions differ, but thebasic mission of securing local acceptance andsupport for U. S. forces, of minimizing oreliminating the frictions and misunderstand-ings that can detract from U . S. relations witha foreign state or U. S. military relations withan American community, remain the same .

4-2. Concept of Operations

a. Civil affairs operations are characterizedby the fundamental concept of control of policyat the highest practical level, coupled withthe integration of the military and civilianeffort at the lowest echelon feasible . Such op-erations require intensive planning, flexibility,and maximum adaptation to, and utilization of,local political-social structures and resources .The factors which influence both the level atwhich policy control should be exercised and atwhich integration of the military and civilianeffort should be accomplished are set forth inb below. The exact level of integration of themilitary-civilian effort towards a common ob-jective must be a command decision becauseno two situations will always have the samerelative balance of factors .

b . A military command may be operational

AGO 6062A

FM 41-5/OPNAV 09B2P1/AfM 110-7/NAVMC 2500

CHAPTER 4

CIVIL AFFAIRS OPERATIONS

under conditions ranging from peace to generalwar and civil affairs operations may be re-quired under widely diversified conditions .These conditions may range as follows :

(1) Developmental factors . From controlor assistance measures pertinent tothe exercise of governmental functionsin a highly developed area, with com-plex political, economic, and socialsystems, to measures for the improve-ment of the environment in an under-developed area .

(2) Duration . From protracted control orassistance measures extending overseveral years or decades, pending reso-lution of major political, economic, ormilitary problems, to operations last-ing but a short time and prompted bytransitory, emergency. situations .

(3) Location. From control or assistancemeasures undertaken, in foreign ter-ritory to like measures instituted indomestic civil defense or disaster re-lief operations .

(4) Popular response . From operations in-volving a population actively support-ing hostile elements to those receivingthe enthusiastic support of a coopera-tive population .

(5) Combat factors .(a) From operations in a society which

has suffered total devastation anddisruption to measures taken in onethat has been undamaged by war-fare and associated effects .

(b) From recourse to nuclear, chemical,and biological weapons under ap-propriate circumstances to the em-

25


ployment of conventional weaponsonly .

(c) From use of Army groups or fieldarmies in a general war to the useof operational advisory groups incounterinsurgency situations .

(6) Legal bases . Depending upon the lo-cale of the operations and the activi-ties, civil affairs operations are gov-erned by customary international law,international agreements, laws of theUnited States, and laws of the countryconcerned .

c. Civil affairs operations extend from thesimplest form of advisory effort designed toassist a friendly military force in gaining thesupport of its own people to the most severeforms of military control over an enemy orotherwise hostile government or population .On the one end of this spectrum we find militarycivic action being suggested to a friendly coun-try as a preventive measure against latentinsurgency. On the other end we find the as-sumption by the military commander of fullexecutive, legislative, and judicial authorityover a conquered or otherwise unruly popula-tion. This span of possible missions and rela-tionships requires corresponding flexibility inorganization, planning, and operational con-cepts to achieve maximum effectiveness in thesupport and implementation of national policy .

d. Civil affairs unit operations fall into twodistinct categories, command support and areasupport. Civil affairs units that provide com-mand support are assigned or attached tomajor tactical or administrative organizations .When a parent command moves it is accom-panied by its command support civil affairsorganizations, and the functions previouslyperformed by these units are turned over toother civil affairs organizations . Civil affairsunits that provide area support, on the otherhand, serve a general purpose function in thatthey are able to reinforce command supportorganizations, to replace them, or to take overadministration of specifically assigned politicalor geographical entities or special task missions .Whenever practicable, area support units are

26

designated well in advance in operations orcontingency plans for specific areas and activi-ties, and are area-oriented; they are also ableto conduct emergency on-call operations whererequired. Such factors as population densityand composition, character of mission, termsof applicable agreements, popular acceptance,alliance involved, area resources, and policydecisions will determine the composition andfunction of area support units . These areasupport units may in certain situations becomposed of allied rather than U . S. personnel.

e . Implementation of the civil affairs portionsof the area plan is normally an Army responsi-bility. The senior U . S. commander in the areainsures that appropriate subordinate command-ers can implement the civil affairs portions ofthe operations plan by providing qualified per-sonnel for their staffs, and augmentationsthereto ; by furnishing command and area sup-port units for deployment at the required timeand place in accordance with the overall areaof operations plan ; and by insuring the timelyissuance of the area civil affairs operationsplan .

4-3 . Situations Short of War

a . Obligations arising from mutual securityagreements, commitments to international or-ganizations, activities of another power whichdirectly threaten the national interest, andforeign or domestic disaster may lead at anytime to an emergency situation requiring thecommitment of U. S. forces. A crisis mayprompt another government to invite theUnited States to intercede, thus bringing U. S .forces into its territory' on an invitational basis,with or without benefit of a previous U . S .commitment or agreement . Troops will bealerted, units will be moved, and operations, toinclude possible combat, will be conducted with-in the bounds of whatever restrictive policiesmay be in force. Regardless of the nature ofthe mission, the ever-present military-civilianrelationship will be an important and continu-ing consideration for commanders.

b . In such limited operations, commandersshould attempt through appropriate channels

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to obtain an agreement with host governmentscovering relationships between their forces andthe civilian authorities and population beforecommitment. These agreements normally arenegotiated at governmental levels . However,where agreements have not been concluded priorto commitment or where initial details havebeen reserved to commanders, draft formulascovering command requirements should be pre-pared in advance as a basis for negotiation .Expeditious agreement on scope of activities,character of controls, claims procedures, andrelated factors will assist in eliminating opera-tional restrictions, providing a basis for trooporientation, and committing host governmentsto formulate in advance agreements or under-standings in areas of potential friction . Regard-less of whether . agreements are ratified on thegovernmental level, it is imperative that com-manders establish policies and arrangements onthe working level to insure coordination andharmony between their organizations and localgovernments and populations (para 1-4b) .

4-4. Counterinsurgency Operations

a. Insurgent movements can only achievesuccess when they acquire and maintain popularor coerced public support. Conversely, a funda-mental prerequisite of any counterinsurgencyoperation is the separation of dissidents fromthe populace. The separation may be physical,psychological, or a combination of both . Meth-ods used will vary with the strength of theinsurrection movement, the character andamount of any external support, geographicalfactors, and the root causes that nourish dis-satisfaction. Regardless of the measures used,it must be constantly borne in mind that theultimate and decisive target is the people .

b . While prevention is the best answer forinsurgency, it must be recognized as a practicalmatter that unrest and insurrection will con-tinue in many of the new and developing coun-tries of the world for the indefinite future .Since U. S. military personnel and organizationsmay be committed to active roles or supportactivities in counterinsurgency operations theyrequire an understanding of, and appreciationfor, basic factors . involved in insurgent move-

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ments, including, for example, any or all ofthe following :

(1) Lack of national consciousness andidentification with government .

(2) Establishment of boundaries arbi-trarily determined in accordance withformer colonial subdivisions or otherunrealistic bases .

(3) Shortages of managerial and technicalskills.

(4) Political opportunism, partisanship,and corruption.

(5) Population increases which transcenddevelopment of resources and produc-tion of creature necessities .

(6) Preoccupation with long-standing ani-mosities associated with race, religion,ethnic factors, and historical politicalrelationships .

(7) Dissipation of national resources andfunds on symbols of status .

(8) Economic exploitation, actual or imag-ined, by world powers .

(9) Majority of wealth in minority posses-sion.

(10) Low education levels .(11) Division of resources involving assets

external to or traversing nationalboundaries, such as inland waters de-velopment programs, and off-shoremineral, fishing, and navigation rights .

(12) International political rivalry .(13) Atmosphere and water pollution, soil

erosion, and crop damage .(14) Subversion and political and economic

warfare activities of hostile nations .(15) Weak fiscal or monetary systems .(16) Unrest prompted by disease, poverty,

or inequity .

c. Operations directed against insurgentsentail a delicate combination of necessary forceand measures taken to relieve sources of un-rest. The basic requirement is the alignment ofthe people with the aims of their lawfully con-stituted government. These aims are oftenbrought to them only through the presence ofa military organization . Good will between the

27


civilian population and the military organiza-tion can be enhanced through military assist-ance in programs of economic development andsocial advancement, welfare activities, emphasison public relations and propaganda campaignswhich identify the armed forces with civilianwell-being, and protection for the civilians fromguerrilla depredations and atrocities (FM 41-10 and para 4-5 and 7-3) .

d. No less important are troop behavior andofficial policies concerned with contracts, pay-ments, procurement, claims, administration oflabor, and other economic-legal relationships .This applies to both host country military or-ganizations and U. S. units committed eitherto perform support operations or to participatedirectly in counterinsurgency activities. U. S .troops assigned to duty on foreign soil need tobe thoroughly oriented on the customs andmores of the area and impressed with the in-fluence their behavior can have upon missionsuccess. Individuals must be required to con-duct themselves with decorum. They shouldrespect local customs and rights of propertyand person. As time and scope of employmentpermit, area and language training should beincorporated on a continuing basis into unittraining programs .

e. In a friendly country, U . S. military activi-ties in counterinsurgency operations normallyare geared to advisory and assistance roles withhost organizations and in cooperation withother U. S. agencies. This may be accomplishedunder the terms of mutual assistance pacts .Guidance will be projected through assistancein planning, training, programing, and bydemonstration. When the United States hasbeen invited by a friendly government to inter-cede in a matter of internal disorder or externalthreat, the U. S. military commander shouldbe accorded greater control authority in theinterest of operational expediency . The extentof authority granted him should be covered in astatus of forces or civil affairs agreements .

f. In the more violent stages of insurgencyor rebellion, strong countermeasures may beimperative to achieve stability and control .Even here, however, the primacy of the political

28

nature and objective of combat operations mustbe stressed. Armed dissidents are sought out,captured, or destroyed by military task organi-zations which must be trained to accomplishthis mission with minimum loss and destructionto civilian life and property-for example, theavoidance of the indiscriminate use of area typeweapons. Intelligence nets are reinforced andreporting procedures are expedited . The receiptof timely intelligence information from thepopulation is a decisive factor in such opera-tions, and this will be forthcoming in directratio to the positive nature of military-civil re-lations. Necessary regulations are imposed insuch matters as credentials, curfews, movement,communications, accountability of personalproperty capable of conversion to hostile ends,suspension of civil rights, punishment ofcollaborators, evacuation or relocation, and ra-tioning of critical supplies . Such populace andresources control measures must, if they arenot to do more harm than good, be applied withfairness and humaneness as well as the requisitefirmness. In any case, only those control meas-ures should be applied which are required andwhich can be enforced . The promulgation ofcontrol measures which cannot be or are notenforced leads to additional disrespect of allgovernmental activities. Buffer zones are set upbetween the civilian population and internalguerrilla redoubt areas or havens in adjoiningcountries . Propaganda and counterpropagandaefforts are increased . Programs for communitysecurity are developed and subsidiary defenseforces are organized to develop public confidencein the central government and to deny guerrillascoerced or, pilfered support . These activitieswill facilitate the eventual transfer of functionsto the duly constituted government . (FM 41-10and chap 7.)

4-5. Military Civic Action

a. General. Promotion and support of mili-tary civic action programs as a part of civilaffairs operations involves the use of pre-ponderantly local military forces on proj-ects benefiting the population and enhancingthe relationship of the military forces with thecivilian community . Projects may be in suchfields as education, training, public works, agri-

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culture, transportation, communications, health,sanitation and others contributing to economicand social development . (U. S. forces may attimes advise or engage in civic action in over-sea areas .) In new and emerging countriesmilitary organizations often possess a majorshare of skilled manpower, funds, and technicalequipment, and may be able to make contribu-tions from military resources to communitysocio-economic development beyond the capa-bilities of civilians and civil government. Fur-ther, in most of the new and developing states,the military forces may represent the corner-stone of political stability. In some, governmentactually is administered to a considerable extentby military units and officers . Regardless of thedegree of military participation in political mat-ters, the defense establishments in developingcountries possess latent capabilities for internaldevelopment of greater real value than the moreconventional role of defense against externalhostile encroachment. They have trained ad-ministrators, technical specialists and a reser-voir of disciplined manpower. They have trans-portation, engineering, and communicationequipment ; handtools ; stockpiles of supplies ;and control over land and facilities adaptableto civil as well as military support . The funda-mental tenet of any successful civic action pro-gram is civilian self-help . The military organi-zation. may have a proportionately higher shareof trained manpower, equipment, and funds,but the civilian base in any country has vastnumerical superiority and greater overall re-sources in land, raw materials, facilities, ma-chines, and equipment. Security forces canprovide incentive, guidance, training, and sup-port from organizational resources . They canundertake specified projects beyond the capa-bilities of civilian agencies and can assist inselected civic ventures. The greatest accom-plishments, however, will be achieved wheremilitary planning, administrative ability, andtechnical know-how are used as the primer tostimulate self-aid programs in civilian com-munities .

b. Priority of the Military Civic Action Ef-fort.

(1) General . Military civic action projects

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should be undertaken in relation toconventional assignments based uponpriority of requirements to achievenational security objectives. In deter-mining such priorities, it must beremembered that the primary securitythreat of most of the developing coun-tries is rooted in internal unrest ag-gravated by economic and politicalproblems, external subversion, and in-flammatory propaganda. Internationalforums and agreements combine torestrict the hazard of external armedaggression, but internal distress anddenial of opportunity foment unrestand insurgency. Under these circum-stances, military civic action projectsare fully as important in promotingsecurity and stability as are conven-tional tactics, weapons, and roles .Interference with primary militarymissions should be avoided, but, insome of the developing nations, con-structive projects are as important tointernal security and stability as nor-mal military activities . Where activearmed insurgency is not a factor, so-cial and economic advancement towhich military organizations maketangible contributions constitute an allimportant preventive measure againstthe inequities and discontent whichspawn insurrection .

(2) Counterinsurgency operations. Mili-tary civic action operations must bethoroughly planned and integrated in-to all phases of counterinsurgency op-erations. The emphasis is on earlyinitiation of civic action operation andother preventive measures which mayeliminate the conditions which mightotherwise cause any escalation to moreadvanced phases of insurgency . Ci-vilian populations which identify theirbest interests with lawfully consti-tuted government on the strength ofgood will engendered by nationalforces will be reluctant to provide in-surgents the supplies, manpower, se-

29


30

curity, and intelligence without whichthey have no prospect of achievingtheir ends. Results must be noticeable,and programs undertaken and prog-ress achieved must be publicizedthrough planned supporting psycho-logical campaigns . Popular support,engendered by military contributionsto social and economic bettermentprograms and the stabilization ofpolitical institutions and administra-tion, assists materially in securing theseparation of dissidents from popula-tion support and cover .

c. Coordination of the Civic Action Effort.

(1) The U. S. country team . Under theterms of an executive order, all agen-cies of the U. S. Government, operat-ing in a foreign country, are subjectto coordination by the U . S. ambas-sador to that country . Heads of theseagencies are ex officio members of thecountry team. The ambassador pre-sides ; the MAAG or Military Missionchief . is usually the Department ofDefense representative, although asenior military commander stationedin the country may also join the coun-try team . Other members includedirectors of the Agency for Inter-national Development (AID), and theU. S. Information Service (USIS),embassy staff members such as themilitary attaches and chiefs of politi-cal and economic sections, and otherswhose duties or affiliations make mem-bership appropriate . The country teamis a forum for planning and control,and a means of generating the closecooperation and cordial liaison essen-tial to prevent conflict of goals andduplication of effort, to decrease in-ternal friction, and to increase tangi-ble benefits in civil assistance pro-grams.

(2) Relations with nonmilitary organiza-tions. In foreign countries where U. S .forces are stationed, other govern-mental bureaus, international agen-

cies, church groups, commercial inter-ests, and private institutions may beworking toward common or associatedends. Close coordination and coopera-tion by U . S. forces with these groupsand individuals is essential if optimumprogress is to be achieved . Coordina-tion will reduce costs, prevent dupli-cation and misdirected idealism, lessenthe friction of rivalry, and increaseresults. Military forces, because ofbuilt-in factors of security, dispersion,and mobility, are often better adaptedto distributing aid materials whichfall within the province of anotheragency. Environmental improvementmeasures may either be directed bycentral governments, be voluntary or-ganizational efforts on a local basis, ora combination of both . The techniquesare substantially the same. Militarycivic action, however, while takinglocal voluntary effort into account,must conform to the commander's civilaffairs policy. Operations originatingfrom a national plan usually entailspecific projects, central funding, au-thorization to use indicated resources,and joint participation with other gov-ernmental agencies . Voluntary activi-ties on the local level, while perhapsencouraged by national governments,are conducted with minimal expendi-ture of funds and supplies .

d. U. S. Military Participation . Commandersof appropriate unified and specified commandspromote and support military civic action pro-grams as a part of civil affairs operations toassist in the social and economic development ofselected countries . Civil affairs staff sectionsand units are qualified either to conductor planmilitary civic actions or to provide professionalguidance for host country agencies . Other U . S .military units abroad, particularly in an under-developed country, are capable of participatingin civic action operations . Within the scope oforganization, funds, mission, and terms ofagreement with host countries, they are able toundertake projects of their own, or they canmotivate host country counterparts to develop

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civic action programs and assist them in plan-ning projects, procuring essential equipment orsupplies, and training participating personnel .Tactical, as well as technical, organizationshave an impressive potential in their organictechnical personnel, specialists, labor, andequipment operators .

e. Types of Military Civic Action Projects.Military civic action projects are as diversifiedas the needs of an area require and the authorityand capabilities of the military organizationwill permit. No attempt will be made to coverall the possible facets of assistance, but a repre-sentative program may include any or all of thefollowing activities

(1) Building roads, bridges, airfields, andport facilities .

(2) Training and equipping civil securitygroups .

(3) Clearing jungle or other underdevel-oped land .

(4) Draining swamps and organizing floodcontrol projects.Developing irrigation programs .Assisting farmers in soil preparation,crop care, harvesting, and marketing.Digging wells . or developing othersources of water supply .

(8) Constructing buildings .(9) Distributing seed and breed stock to

farmers.(10) Providing and developing communica-

tion facilities .(11) Introducing public health and sanita-

tion methods .(12) Furnishing supplementary medical

services.

(13) Planning and implementing civil se-curity and defense measures,

(14) Utilizing military resources to providetechnical and manual training in skillsto meet both civilian and militaryrequirements .

(15) Assisting in resettlement programs .(16) Providing emergency relief supplies

and assistance .

(5)(6)

(7)

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(17) Furnishing teachers, technical ad-visers, and other educational assist-ance.

(18) Performing auxiliary police and fire-fighting functions .

(19) Organizing and supervising youthactivities .

(20) Providing civil administrative staffingwhere it is not otherwise available orassisting civilian functionaries in theiractivities .

(21) Supplying advice and assistance, whereappropriate, to improve and strengthenthe fiscal and monetary systems of thecountry.

(22) Setting up transportation systems, in-cluding air and water .

(23) Contributing legal advice and assist-ance.

(24) Fostering home and village-level in-dustry .

4-6. Unconventional Warfare Support

The civil affairs and unconventional warfareorganizations should render mutual support byexchanging information and coordinating activ-ities relating to the civilian population in thearea of operations . This is accomplishedthrough normal liaison at appropriate points ofcontact. Civil affairs elements can support un-conventional warfare operations by providingneeded relief supplies to guerrillas and otherresistance groups uncovered by conventionalforces. In turn, unconventional warfare agen-cies assist civil affairs planning by furnishinginformation on the economy and governmentsof areas under hostile domination . U. S. forces,operating in denied areas, may have detailedknowledge of the structure of local govern-ments, the reliability of their personnel andtheir capabilities to restore stable governmentafter link-up. The conduct of liaison to securesuch information, and to coordinate the controlof civilians passing from enemy to friendlyhands, is important to the security of forwardareas and should be included in the overall civilaffairs plan .

31


4-7. Mobile Tactical Operations

a . Mass irrationality of civilians in the battlearea during fluid situations may impose aserious threat to the success of military opera-tions. Under such circumstances, the handlingof civilians must be effectively managed so asto meet the needs of the military commanderand, at the same time, avoid the perpetrationof acts which might violate the humanitarianprinciples to which the United States has sub-scribed .

b. The rules and principles of internationallaw, particularly those embodied in such law-making treaties as the Annex to Hague Con-vention No. IV of 1907, and the 1949 GenevaCivilian Convention, reflect fundamental con-cepts of justice and humanity and affix firmresponsibilities on armed forces and their mem-bers with regard to helpless civilians and civil-ian resources that fall into their power . Theserules and principles forbid any kind or degreeof violence not actually necessary for militarypurposes. Hostilities must be conducted withdue regard for the principles of humanity andchivalry (FM 27-10) . The prohibitive effectof the law of war is not minimized by "militarynecessity" which has been defined as that prin-ciple which justifies those measures not for-bidden by international law which are indis-pensable for securing the complete submissionof the enemy as soon as possible. Military neces-sity has been generally rejected as a defense foracts forbidden by the customary and conven-tional laws of war inasmuch as the latter havebeen developed and framed with due considera-tion for the concept of military necessity.

c. Of primary import to the successful ac-complishment of day-to-day missions is the sup-port potential in civilian resources . This mayinclude laborers and technicians, hospital facil-ities, buildings, transportation and communica-tion equipment, machinery, and various sup-plies which can be found in civilian economies .

d. Civil affairs units providing command sup-port develop emergency civilian administrativeorganizations where required, impose essentialcontrols, and channel refugees to reduce inter-ference with combat and supply elements. Re-

32

lief measures are taken to alleviate distress andassociated unrest ; health and sanitation oper-ations prevent the inception or spread of diseaseharmful to troops in the area-; civilian personaland cultural property rights are assured, and,within limitations imposed by internationallaw, labor and other civilian resources areprocured and administered. When commandsupport units encounter problems beyond theircapabilities to handle, because of inadequatestrength or technical deficiency, they requestthe attachment of area support units or person-nel as required .

e. Civil affairs units, providing area support,normally are assigned to designated geograph-ical or political subdivisions or to specializedtask missions for operations. They move intoareas of assignment as soon as practicable afterzones have been uncovered. Frequently theyare attached to command support units to assistin emergency operations and to insure asmoother transition of controls . Area supportunits usually are retained under central controlor are brought under central control as rapidlyas practical .

f. In rear areas, civil affairs operations in-crease in scope and complexity . Refugees, dis-placed persons, and evacuees are funneled backfrom combat areas and must be sheltered, fed,and controlled. Civilian administration is re-constituted ; services are reestablished ; proc-esses of commodity procurement, processing,and distribution are resumed or organized ;measures are taken to insure public health,order, and security ; schools are reopened. Allother aspects of the civilian economy, politicalprocesses, and social structure come within thepurview of civil affairs units. Programs areinstituted to support other military operations,to prevent disaffection, to relieve distress, and,in keeping with policy, to initiate rehabilitativemeasures. Disease, hardship, idleness, and in-equities of an economic, political, or socialnature, breed the resentment and encouragethe lawlessness which leads to insurgency .Guerrilla operations require civilian support .That support may be denied by identifying themilitary force, indigenous or United States,with satisfaction of civilian needs and the im-position of necessary controls. Civil affairs

AGO 6062A

activities, thus, are essential to rear area secu-rity through their contributions toward politi-cal and economic stability.

g. The rapidly moving character of modernwarfare and the development of weapons ofextended range and vast destructiveness mag-nify problems associated with the dislocationsand distress of civilian populations . Militaryforces place greater emphasis on dispersion .It follows that this very dispersion will com-plicate either immobilization of civilians ortheir evacuation from battle areas, becauseareas of greater size and civilians in greaternumbers will be involved . To avoid nuclearfallout and zones biologically or chemically con-taminated, to evacuate casualties, and to main-tain their flow of supplies, military forces re-quire increased mobility. The same hazardswith which troops are confronted impose simi-lar threats to adjacent civilians . The range ofmodern weapons, the depth of combat zones,and the vastly greater number of civilians whomay be involved in operational areas duringfuture conflict significantly increase difficultiesin setting up traffic plans which will eliminateor reduce conflict between military and civilianmovement.

4-8. Static Situations

a. After active hostilities have ceased, or indeep rear areas while combat still is in prog-ress, emphasis upon civil affairs operations toimplement long range plans increasingly in-fluences or replaces measures intended tosatisfy short range needs . Plans for reforma-tion or restoration of the institutions of theoccupied country can now be put into full effect .A policy of greater liberality toward the in-habitants may be possible . Consistent withestablished occupation policy, a sound local ad-ministration is developed and confirmed in theexercise of responsibility, always subject to theparamount authority of the occupant . An in-formed populace is fostered through newsmedia, public discussion, and the formation ofacceptable political parties. As rapidly as ispracticable, and where appropriate, electionsare held. Measures are directed toward theeventual transfer of authority to civil agencies .

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b . Hostilities often are terminated by theconclusion of an armistice . When an occupa-tion is to follow the conclusion of an armistice,the agreement will contain provisions as to thepowers of the occupant, and the obligations ofthe submitting government . It is importantthat these provisions be selected with foresightand drafted with skill and the consideration begiven to economic and political matters as wellas to those which are of a strictly military na-ture. Inadequate coverage of essential detailsmay result in delays and confusion in carryingout occupation policies. Ambiguity may be ex-ploited to negate U . S. programs . Incomplete-ness or soft terms may defeat U . S. objectives .Needless severity may produce a reactionagainst the government that dictated the termsof the armistice.

c. Among the factors which influence thecharacter of civil affairs operations after hos-tilities have ceased are-

(1) The kind and degree of submissionof the hostile state .

(2) The possibility of resumption of theconflict in areas not subject to U. S .or allied control .

(3) The potential .of the defeated state toregain its place in the family of na-tions. For example, the hostile powermay have capitulated unconditionally ;portions of the enemy territory maystill be unoccupied ; or the hostile gov-ernment and its remaining forces mayhave withdrawn into exile and mayplan to carry on the conflict else-where. The rights and obligations ofan occupant . with respect to the ad-ministration of former enemy terri-tory are clearly defined by law. Theoccupant may, consistent with law-

(a) Rebuild the structure of govern-ment and staff the revised structurewith new personnel .

(b) Retain the existing structure, butreplace incumbent personnel withmore acceptable individuals .

(c) Accept provisionally the structureand personnel as constituted pend-

33


ing further study or new policy dis-cussions. Under the 1949 GenevaCivilian Convention, persons pro-tected by that convention may notbe deprived of any of its benefits,by reason of changes introduced bythe occupant in the governmentalinstitutions of the occupied country,by agreements between the occupantand the local authorities, or by anypartial or total annexation of theterritory by the occupant (art. 47G.C.) .

d. There are various shadings of differentia-tion possible within these broad areas. Thechoice to be followed ultimately will be basedon policy decisions at the highest level, and mayinvolve an international policy-making group .Whichever program is followed, the plan canbe implemented either from the central eche-lon of government downward, or can be builtup from village, country, and city levels towardthe central government. Again, this will involvea policy decision. Where occupation of a coun-try is a gradual procedure in the immediatewake of a retreating enemy, circumstancesdictate governmental reconstitution initially inlower subdivisions . Where capitulation is com-plete and has been accomplished prior to physi-cal occupation, as where, for example, thethreat of attack by long range weapons hasprompted the hostile government to yield, re-organization or reconstitution may be ap-proached from the top down or by buildingup from the bottom, depending upon the degreeof cooperation of the existing government andother pertinent factors affecting occupationpolicies. Factors for consideration include : thecharacter of previous government, the extentof war devastation, the complexity of reorgan-ization, the availability of local leaders and civilservants, the armistice conditions, the extentof reparations, the desires of allied govern-ments, the plans concerned with territorial orpolitical subdivision, and numerous other fac-tors of varying degrees of influence. Regardlessof the program adopted, civil affairs officersshould be trained to avoid .unwarranted actions

34

which might prejudice policy implementation .At the same time, they must be aware that themanner in which they carry out established pol-icies has a bearing on subsequent courses ofaction .

e. Replacing the defeated government andbuilding a new structure should be adoptedonly as a last resort . This course may be neces-sary if the old regime has completely collapsed,if it continues hostile, or if it poses a threatto peace. Such extreme treatment will neces-sitate a protracted occupation and extensiveinvolvement by the occupying power. The ob-stacles to success are obvious and grave. Wherefundamental reconstruction is contemplated,occupation personnel require special prepara-tion .

f. The government that has submitted maybe accepted tentatively as a basis for furtherdevelopment under the control of the occupy-ing power. Individuals whose past records giveno promise of useful service should be ex-cluded from office. A program may be inaugu-rated looking toward the strengthening of the .administration, the reform of political insti-tutions, and the development of responsibleself-government. It does not follow from thefact that the occupant provisionally has ac-cepted the defeated government or even fromthe further fact that the government may havebecome a cobelligerent that the occupant isbound to render continued and unqualified sanc-tion. Temporary acceptance does not necessar-ily imply that, in working toward ultimateobjectives, the government already in beinghas been found to be the most convenient basefrom which to start .

g. Different individuals may be installed Inthe office provided by the existing governmentalframework. Such individuals may be recruitedby the occupying forces from the ranks of anunderground movement or a committee of na-tional liberation, or they may be prominentcitizens never before involved in political af-fairs. The installation of new officials shouldbe undertaken only when certainty exists thatthe new group . will command the support of

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the country and be most likely to establishpermanently satisfactory conditions .

h. Multi-national occupation presents specialproblems.

(1) If U . S. forces, which are operating inconjunction with troops of other coun-tries, occupy enemy territory, the gov-ernment of the area concerned maybecome a multi-national responsibil-ity. In a multi-national command, civilaffairs planning and supervision maybe carried out through a combinedstaff. Directives covering broad aimsand policies for the initiation or con-duct of civil affairs operations by acombined or allied command arepromulgated preferably by a higherinternational policy-forming body. Ifsuch an organization is not in exist-ence, or if international representa-tion is not to be supplied at the head-quarters of a combined or allied com-mand, an advisory or consultativebody may be established by thesupreme commander fur the purposeof furnishing policy guidance andeffecting coordination with the gov-ernments concerned. The compositionof this body may include more thanrepresentatives of allied nations re-sponsible for the conduct of militaryoperations.

(2) The division of occupied territory intozones to be administered by separatecountries should be avoided. Experi-ence has proven that a satisfactorysolution cannot be reached by the es-tablishment of an interallied controlcommission or similar organization todeal with matters common to the en-tirety of such zones and that latentand subsequent political differencesamong wartime allies can totally un-dermine the working of such a body.Even with agreement on policy, dis-parity in application is inevitable inzonal administrations . The resultinglack of uniformity will be severely

AGO 6062A


damaging to the success of the occu-pation . Zonal boundaries tend toharden into international boundaries ;easement problems arise ; and estab-lishment of zones may eventually leadto the dismemberment of an occupiedcountry. Occupied areas, thus parti-tioned, eventually may become inter-national sore spots. Agreement on thecreation of a unified local governmentand/or integrated allied administra-tion before occupation is the preferredsolution .

i. An occupation must meet minimum cri-teria .

(1) Territory is considered occupied bythe United States when U. S. forceshave taken firm possession of suchterritory for the purpose of holdingit. Length of tenure is not pertinent .The number of troops necessary tomaintain the authority of the occu-pant depends on population factors,degree of population acceptance of theoccupant, nature of the terrain, andsimilar considerations . It is not neces-sary that troops be physically presentin all sections of the occupied territory.It is sufficient that the occupyingforces can send detachments of troopsto make the occupant's authority feltwithin the district. However, a mereproclamation that certain areas areoccupied (a so-called "paper occupa-tion") is without legal force and ef-fect, and is not sufficient to establishauthority .

(2) As indicated above, limited occupa-tion forces may suffice to establishauthority over an area . Similarly, theoccupant may need to exercise onlya minimum of civil affairs functions .If the local government is effective,and not hostile to the occupant, it isimportant that the civil affairs organ-ization adapt itself to the situationand that it should not undertake allof the measures of control and super-

35


vision which may be necessary in lessstable areas .

4-9. Civil Defense and Disaster Reliefa. General war, involving massive nuclear

attack and counterattack, may very well beresolved by the capacity of the civil base thatsupports the defense establishment to recoverfrom the holocaust and maintain an effectivepolitical-economic organization . Military reac-tion capabilities and subsequent prospects foroperational successes will be directly affectedby civilian resilience . Dislocations and casual-ties will disrupt plans of national mobilization,and military civil defense support measuresmay command a priority second to none. Armedforces units,, particularly those elements of theactive and reserve establishment located neartarget areas, may be able to provide the initialmoral cohesion and leadership necessary toavert blind panic, indecision, and the collapseof civilian organization . The extent of their.success will be proportionate to the efficacy ofprior planning and training and the closeness ofmilitary-civil coordination . At the same time,well-publicized military emphasis upon massivedefense measures, including shelter and emer-gency stockpiles, will stimulate related civilianactivities .

b. Most major military units and installa-tions, with their disciplined manpower, tech-nical skills, mobility, communications, ware-housed supplies, and pools of equipment whichcould be useful in security and rehabilitationoperations, are well adapted to participate inemergency relief and control operations. Civilaffairs units, in particular, possess all the plan-ning, operational, and advisory requirementsfor civil defense . The functional structure ofcivil affairs organizations and the experience,training, and orientation of their personnelprovide a capability for emergency administra-tion and control where civilian political-eco-nomic structures have been incapacitated eitherin foreign theaters of operations or domesticterritory.

c. In disaster relief operations, at home orin oversea areas, the same cellular composition

36

of civil affairs units permits ready tailoring ofan emergency task unit possessing the skillsnecessary for administration of relief, institu-tion of programs for rehabilitation, and pro-vision of control measures appropriate to thesituation.

4-10. Joint Operations

Centralized direction of joint civil affairsoperations is required at the highest level .Normally, the exercise of civil affairs author-ity is delegated to the senior land force com-mander. Careful coordination is required tofix responsibilities for logistic support, channelsfor civilian supplies, administrative aspects ofattaching Army civil affairs units to a forceof another service, and to insure integrationof the efforts of all services . Civil affairs unitsare normally Army organizations except forNavy and Marine Corps civil affairs units,when available to support the operations offorces, activities, and facilities of the Navyand Marine Corps. This does not preclude theassignment of functional experts from one ofthe military services to civil affairs units ofanother service or the assignment of Armycivil affairs units to other service componentsto assist in the conduct of operations .

4-11 . Combined Operations

a. When U.S. forces operate with alliedtroops, the responsibility for conduct of civilaffairs operations may be assigned to a com-bined command. Concurrences have beenreached with the United Kingdom, Canada, andother NATO powers in standardization agree-ments on such matters as civil affairs organi-zation, training, and basic principles of opera-tion. However, decisions reached at combinedheadquarters possess a potential for disagree-ment, when translated into action at operatinglevels, which may negate an entire program.Allied governments and their military units arejoined in common cause with respect to mutualsecurity and the military defeat of hostileforces ; they are signatories to internationalagreements covering treatment of civilians andcivil properties ; but the ramifications of civil

AGO 6062A

affairs operations cut across every aspect ofpolitical, economic, and social structures. Dif-ferences in organization, attitude, scope andlong range objectives are inescapable . Thesedivergencies will be particularly pertinentwhere the civilian political-economic system hasbeen almost completely destroyed and requiresreconstitution . Such matters as the structureof the government, the effect of the franchisequalification on the elective process, fundingproblems, the effectiveness of the local legalsystem, available media of exchange, alloca-tion of production priorities, emphasis on re-habilitation, and legal and policy considera-tions affecting compensation for claims areindications of the size of the problem areas con-fronting commanders .

b. A subordinate United States civil affairsunit responsive to a senior combined commandheadquarters carries out operational instruc-tions formulated at the allied command leveland transmitted through normal commandchannels. Each U.S. commander within thechain has a responsibility to bring to the at-tention of his next senior national commanderany policies or procedures in the field of civilaffairs operations contrary to law or preju-dicial to U .S. national interests or objectives,and to request specific guidance as to imme-diate courses of action . Staff sections in com-bined headquarters should include represen-tation from each participating nation . Theoverall command structure of a combined forcemay involve the attachment of U .S. civil af-fairs units to a major allied command or theassignment of U.S. civil affairs units to a majorcombined organization under the command ofan allied commander or the attachment of anallied civil affairs unit to a U .S. command. Theintegration plan should not extend to the com-mand of a civil affairs unit of one nation byofficers of another. Separate areas of nationalresponsibility should be avoided .

4-12. Intelligence

a. The intelligence requirement for civilaffairs plans and operations is as complex asit is for other operational elements of the

AGO 6062A


Armed Forces. Accurate, complete, and timelyintelligence oriented toward the civil affairsfunctions is an essential prerequisite to work-able plans. Environmental factors and politicaltrends will influence courses of action and de-termine measures necessary to influence orcontrol populations .

b. The basic needs of the civil affairs organ-ization must be identified and met before mov-ing into an area . Plans must be made for thecontinual fulfillment of civil affairs require-ments as planning and operations progress .During the planning phases, the civil affairsorganization receives its intelligence supportfrom the headquarters to which it is attached .Requirements will normally be for finished in-telligence studies and estimates . Civil affairsplanners may find it necessary to prepare theintelligence annex to civil affairs plans fromfinished basic intelligence publications whichhave not been written primarily for civil af-fairs use. The basic intelligence document forany civil affairs operations is the area study .Area studies, as exhaustive as time and sourcematerial permit, should be prepared on eachcountry in which actions are contemplated orare even remotely possible . These studies shouldbe continually reviewed and revised prior tocommitment, after operations have started,they should constitute a line of departure forthe collection of more comprehensive on-the-ground information .

c. Once civil affairs operations have begunthe close coordination of civil affairs units withcivilian governmental agencies, their associa-tion with civilian populations, their handlingof refugees and displaced persons, and theiraccess to civilian equipment, installations, anddocumentary matter put them in a position toprovide invaluable assistance to the overallcollection plan of their major command as wellas in meeting many of their own requirements .The necessary relationships between civil af-fairs units and civilian populations and agen-cies put civil affairs organizations in an espe-cially favorable position to identify dissidentsand to assist in counterintelligence operations .Conversely, the same proximity with civilians

37


makes civil affairs units more vulnerable toespionage activities and imposes a requirementfor stringent security controls .

4-13 Logistics

a. Civil affairs operations may involve thefollowing logistical functions :

(1) Arrangements for support for mili-tary forces from civilian resources .

(2) Arrangements for support for civiliansand civilian agencies from militarystocks and organizations .

(3) Supervision or control of self-support-ing civilian operations . Civil affairslogistical activities should not be con-fused with internal support require-ments, since civil affairs units receiveorganizational support through nor-mal channels in the same manner asother military units .

b. Basic policies and procedures for civiliansupply operations are established in theateror higher level plans prior to active commit-ment. These plans will include estimates ofinitial requirements and availability of re-sources. After commitment, it is the respon-sibility of the U . S. Force and tactical com-manders delegated civil affairs authority toprovide information and recommendations uponwhich higher authority can determine changesin requirements for support of the civilian pop-ulation and an assessment of civilian resourceswhich may be used in support of military oper-ations. The force commander is responsiblefor a continuing estimate of civilian supplyrequirements, allocations, and priorities withinhis area of responsibility and the developmentof plans and programs for distribution, con-trol, and coordination of requisitions from sub-ordinate units. Maintenance of necessary rec-ords and accounts, to reflect the current statusof civilian supply operations, is a concurrentobligation .

c. Planning the extent of civilian relief andeconomic aid from the United States, the man-ner in which assistance is furnished, and the

38

permissible degree of use of local resources,properties, and services in support of militaryoperations should be accomplished on highercommand levels . Implementation will be basedon capabilities, reciprocal requirements, nationalpolicy and international law . Recommendationson program changes should be made as theyappear warranted on the basis of continuingstudies. Maximum permissible use is made ofthe material resources, facilities, and servicesof the area for the purpose of supporting theconduct of military operations .

d. In procuring local items, consideration isgiven to the effects of such procurement on thepopulation and economy of the area. Unlessotherwise directed, it will be assumed thatno economic rehabilitation will be undertakenexcept that which can be accomplished fromresources available within the command . Pro-vision of relief supplies will be limited to mini-mum essentials to prevent disease, starvation,or such unrest as might interfere with militaryoperations. Specific policies as to the kind andextent of support which U.S. Armed Forceswill be required to provide will be determinedfor each country concerned. Planning whichleads to policy decisions should consider everycontingency such as mass movements of refu-gees into the theater of operations from coun-tries outside it .

e. Military supply of items required for therelief of civilian distress or the rehabilitationof the economy of a country in which the U . S .Armed Forces are present is primarily a con-cern of the logistical staff . Distribution to civil-ian users is normally a function of civil affairsunits. Supplies for relief of distress within thearea of combat operations normally will begiven a logistical priority second only to mili-tary supplies essential for combat. The deter-mination of requirements for such suppliesis a responsibility of civil affairs staff sectionsand units .

f. Full utilization of the local economy, con-sistent with international law, is essential tosupport military, economic, and political ob-jectives of the United States . Local property,facilities, labor, material, and goods should be

AGO 6082A

procured through the highest possible levelof central or local government and in one ormore of the following ways contribute towardU. S. objectives by

(1) Providing an alternate supply sourceto fill known military requirements .

(2) Augmenting other supply sources asrequired .Decreasing the industrial burden onthe United States for the conduct ofmilitary operations.

(4) Conserving critical domestic materialsof the United States .

Decreasing production manpower re-quirements of the United States .

Reducing procurement lead time .

Reducing supply distribution time.

Conserving shipping space .

Promoting economic and industrialself-sufficiency for the country furnish-ing the local resources .

g. Property andd local facilities which areused after acquisition through prescribed pro-cedures may include land, buildings, rights-of-way, piers, docks, bridges, railways, utilities,and communication systems, together withthose fixtures and appurtenances required fortheir operation, such as machinery, equipment,and tools. To forestall civilian hostility, andpermit effective civilian and military use oflocal resources, it is essential that elements ofthe military force avoid illegal destruction ofproperty and exploitation of the inhabitants .

h. Maximum permissible use consistent withinternational law is made of local sources oflabor in support of military operations . Com-mand policies, based upon applicable require-ments of law and United States policies withrespect to local economic considerations, arepromulgated on such matters as the procure-ment and distribution of labor, uniform wagescales, and conditions of employment.

i. Within the area of operations, the aggre-gate of supply requirements is reviewed todetermine those supplies which should be ob-

(3)

(5)

(6)

(7)

(8)(9)

AGO 6062A


tained through local procurement. Procurementis accomplished by purchase, requisition, contri-bution, or confiscation . Directives of the com-mander, based on applicable legal limitations,furnish guidance to subordinate commanderson available methods of procurement. Exceptin situations of grave emergency to the com-mand, local procurement which will result insubsequent importation of similar items forcivilian use will not be permitted. Suppliesfor civilian relief or economic aid may be pro-cured as appropriate from military stocks, pur-chases within the United States, offshore pro-curement, procurement from local resources,captured enemy stocks, and the contribution ofvoluntary agencies such as the Red Cross .

j. Comprehensive estimates of minimum re-quirements for civilian supplies such as food,clothing, fuel, shelter, and medical supplies(including types, quantities, and scheduled de-livery dates) should be made prior to the ini-tiation of operations . Such estimates of re-quirements are preferably made to provide foroperations during the first six months of combat .The determination of civilian supply require-ments prior to operations serves as a basis forofficial automatic supply. Subsequent estimatesof supply requirements made after operationshave been initiated are based on prescribedrequisitioning periods.

k. Military operations may be initiated by anenemy so unexpectedly as to preclude a detailedestimate of requirements, review, approval, andprograming through normal channels withinpractical time limitations. The force comman-der must be prepared to cope with minimuminitial civilian relief requirements through thediversion of food, clothing, and medical sup-plies from military stocks, supplemented byauthorized offshore procurement within thevicinity of the area of need .

I. Maximum efforts are made to exploit thosecaptured enemy supplies which are suitable forcivilian use. The military use of captured en-

39


emy supplies tends to be unsatisfactory dueto their dissimilar quality, packaging, andmarking and to difficulties which may be en-countered in repair and maintenance . The al-location of captured supplies to civilian use,in the area of their location, reduces require-

40

ments for civilian supplies and the transpor-tation necessary to move such supplies .

m. Civilian supply planning must be care-fully integrated with military logistical plan-ning so that required shipping space withindesired delivery times may be assured .

AGO 6062A

5-1 Policy

Civil affairs plans must be purposeful, broadenough to allow flexibility in implementation,and must possess sufficient detail to forestallmisinterpretation and increase prospects fora successful mission .

a. The assignment of planning responsibilitiesfor civil affairs matters is set forth in JCSPubs 2 and 3 .

b. Guidance for civil affairs planning is pro-vided in appropriate JCS, unified command,and military service plans .

c. Civil affairs plans are based upon na-tional policy and they reflect a variety of legalinfluence such as : the provisions of the U .S .Constitution, statutes enacted by Congress,judicial decisions, orders of the President,departmental regulations, the rules and prin-ciples of international law including thoseincorporated in lawmaking treaties, otherinternational agreements, and the provisionsof the law of the place where the U .S. ArmedForce is located .

d. The nature of civil affairs operations,covering sociological, economic, and politicalfactors of each area of operations, requirescomprehensive research and breadth of infor-mation upon which. to base plans .

e. Plans concerned with military operationsshould delineate responsibility and insure thatauthority is not fragmented between militaryand civilian agencies . During active hostilities .the military commander normally assumesgreater responsibility for civil affairs activities .In periods of peace or limited conflict whencivilian agencies may be present, areas of

AGO 6062A


CHAPTER 5

PLANS

responsibility should be clearly defined andcoordinating procedures should be emphasized .

f. A civil affairs annex is an integral partof the plan for each military operation, anddirectives and advisory matter issued at alllevels of command will include guidance forthe conduct of military civil relationships .

5-2. Estimates of the Situation

Plans are based on command decisions andgenerate succeeding decisions at lower levelsof command. In each instance, decisionsreached by commanders are based on their esti-mates of the situation. In the case of civilaffairs estimates, those political, economic, andsociological factors which could affect opera-tions are weighed in the light of probable cir-cumstances, actions, and directed missions . Theamount of detail varies with command levelsand, except at the higher echelons, seldom in-volves a complex and completely recordeddocument .

5-3. Joint Plans

Although one service may be designated pri-mary action agency for the civil affairs as-pects of a specific military operation on thebasis of locale, capabilities, and nature of theassignment, planning is based on the principlethat effective use of military power requiresthe efforts of the separate services to be closelyintegrated . Each of the services possesses alimited capacity of self-contained operations,but allotment of equipment and skills, loca-tion of facilities, and emphasis on specifiedoperational techniques lend efficacy to unifiedeffort. To this end, unified or specified com-

41


mands are established for the accomplishmentof assigned missions .

5-4. Combined Plans

a. Areas of common agreement have beenreached on civil affairs organization and con-cepts of operation with North Atlantic TreatyOrganization Allies in Standardization Agree-ments (STANAG) . These agreements (FM 41-10) indorse the principle of combined organi-zations and chart general civil affairs policyguidelines. Combined operations require mutualunderstanding, compromise, and close coordi-nation. When the scene of operations or poten-tial operations involves the homeland of oneof the participating powers it is apparent thatconsideration must be given to the politicalinfluence, history, and tradition and that, often,emotion may outweigh more practical factorsat conference tables .

b . The military organizations of the UnitedStates and certain of its allies have achievedsubstantial understanding through standardi-zation of certain equipment, cross-training, andcombined exercises. Military organizations,however, are a product of the environment oftheir origin, and combined operations possesspotentialities for friction . Differences in polit-ical systems, sociological heritage, and nationalgoals need to be reconciled. Economic rivalriesshould be subordinated to the objectives of long-range plans, but national economic blocs, pres-sure groups, and revenue considerations ofteninfluence emphasis upon more immediate self-interest.

5-5. Contingency Plans

Contingency plans differ from other plansonly in that they cover anticipated areas andconditions of operation . With limited basicassumptions, plans are rendered in sufficientdetail to improve prospects of prompt reactionwith minimum waste of time and maximumprospects for success. These plans may be joint,combined, or uniservice . Civil affairs annexesin contingency plans, as a minimum, shouldgive consideration to-

42

a. Liaison requirements with U .S. diplo-matic agencies, local governmental officials,functionaries of other foreign governments,other civilian. organization representatives, andinternational public and private groups . (Thisincludes possible need to assume responsibilityfor continuing or closing out their functionsif circumstances require their evacuation.)

b. Liaison with other military organizations .

c. Terms of civil affairs, status of forces, orother agreements.

d. Emergency civilian control measures .

e. Initial and intermediate range civilian re-quirements in food and medical supplies .

f. Probable amounts and categories of localor refugee civilian labor and local facilities andsupplies available for military use . (Logistics,administration, and personnel annexes shouldcontain cross references to this section of thecivil affairs annex as appropriate .)

g. Probable military requirements for labor,facilities, and supplies includingg cross refer-ences to appropriate logistics, administration,and personnel annexes .

h. Identification of, and relationship with,friendly and unfriendly personalities andgroups.

i. Customs of the area to forestall the crea-tion of unnecessary offense and to lay a foun-dation of mutual respect and good will .

j. Disposition of area support units and loca-tion of civil affairs command headquarterswhere applicable.

k. Emergency passive defense measures forthe civilian population .

5-6. Preparation of Plans

a. The civil affairs staff section of a com-mand coordinates with other staff sections inthe preparation of plans and to insure supportfor, and from, civil affairs activities in com-mand operations . Civil affairs annexes cover-ing relationships with civilian populations (FM

AGO 6062A

41-10) should be included in all plans in thefollowing categories

(1) Invasion or intercession .

(2) Withdrawal .(3) Occupation .(4) Area damage control :(5) Rear area security.(6) Civil defense.(7) Psychological warfare .(8) Unconventional warfare operations .(9) Traffic and circulation .

(10) Base development.(11) Intelligence collection .(12) Contingency.

b. The civil affairs plan of the senior U .S .commander provides general direction for allpersonnel of the command in relationships withlocal authorities and population, together withthe extent of civil affairs functions to be exer-cised. The senior commander provides for dele-gation of such functions as may be appropri-ate to subordinate commanders .

c. Planning factors which are common toall units and which influence the general con-cept of the plan include-

(1) The mission .(2) Governmental policy .(3) Logistic capabilities .(4) Manner in which civil affairs opera-

tions will best contribute to the over-all mission of the command .

(5) Coordination of civil affairs activitieswith tactical operations .

(6) Requirements in civil affairs opera-tions for troop unit and combat serv-ice support and capabilities within thecommand for provision of that sup-port.

(7) The organization and degree of effec-tiveness of government, the natureand condition of the economy, socialand cultural institutions, geographyof the area, and attitude of the people .

AGO 6062A


d. Some conditions in a country affect alltroops and all functions of civil affairs, whileothers affect only specific functions. Those af-fecting all units and all functions, and whichmust be considered in planning are-

(1) Basic aspects of political authorityand economic organization prevalentin the country .

(2) Customs of the community or commu-nities, social organization and insti-tutions, culture and its forms of ex-pression .

(3) Folkways to include forms of socialrelationship and leadership among in-habitants, national and local tradi-tions, occupational patterns, nationaland religious observances, sacred orforbidden places, and similar sensi-tive considerations .

(4) Attitudes toward the presence of oc-cupying, liberating, or guest militaryforces. This attitude is strongly af-fected by troop behavior .

(5) Effects of combat on the population .

(6) Endemic diseases and geographic, cli-matic, and social factors that mayaffect the health of the command.

e. ' Commanders, through their staffs andcivil affairs units, will provide such planningfor specialist functions as anticipated and veri-fied situations require. Directives developedas a result of such planning will be appropriateto the needs of the local situation and may de-viate from instructions of higher authorityonly when emergency situations require imme-diate action. When projected operations will ex-tend into the territory of two or .more states,variations in objectives and policies withrespect to each nation necessitate parallel dif-ferentiation in plans. All planning should em-phasize simplicity and flexibility so that unfore-seen contingencies can be met with minimumdisruption to organizations and attainment ofobjectives .

43

6-1 . General

a. Directives issued by military authorityare intended to have the force of law over theentire population of the area for which themilitary commander is responsible. Law in thissense means all rulings of the law-making au-thority which are enforced by that authority .Effective authority can be exercised only oversuch matters as are clearly recognized by thepopulation as being the legitimate concern ofthe commander. Assertion of authority outsideof these matters may bring about resistanceby the population, and the maintenance of suchasserted authority will require military energywhich should be devoted to the primary mis-sion .

b. Proclamations, ordinances, orders, and in-structions will be issued as required. The neces-sity for these publications will be limited inmost instances to those situations affecting thewelfare of the command. The discussionthroughout the remainder of this chapter ismost applicable to civil affairs operations inoccupied enemy areas, since agreements wheretroops are located in friendly areas possessvariations and complexities in such detail asto preclude extensive consideration,

c. The following provisions of treaties andregulations are applicable to civil affairs op-erations in occupied areas

(1) Geneva Civilian Convention of 1949-Art 64 :Local Law and New LegislationThe penal laws of the occupied territory

shall remain in force, with the exceptionthat they may be repealed or suspended bythe Occuping Power in cases where they con-stitute a threat to its security or an obstacle

AGO 6062A


CHAPTER 6

DIRECTIVES AND AGREEMENTS

to the application of the present Convention .Subject to the latter consideraton and to thenecessity for insuring the effective adminis-tration of justice, the tribunals of the occu-pied territory shall continue to function inrespect of all offenses covered by the saidlaws.

The Occupying Power may, however,subject the population of the occupied terri-tory to provisions which are essential toenable the Occupying Power to fulfill itsobligation under the present Convention, tomaintain the orderly government of the terri-tory, and to insure the security of theOccupying Power, of the members and theproperty of the occupying forces or admin-istration, and likewise of the establishmentsand lines of communication used by them .

(2) Geneva Civilian Convention of 1949-Art 65 :The penal provisions enacted by the

occupying power shall not come into forcebefore they have been published and broughtto the knowledge of the inhabitants in theirown language. The effect of these penalprovisions shall not be retroactive .

(3) Annex, Hague Convention No . IV of1907-Art 43 :The authority of the legitimate power

having in fact passed into the hands of theoccupant, the latter shall take all themeasures in his power to restore, and ensure,as far as possible, public order and safety,while respecting, unless absolutely pre-vented, the laws in force in the country .

(4) Geneva Prisoners of War Conven-tion-Art 82 :A prisoner of war shall be subject to

the laws, regulations, and orders in force inthe armed forces of Detaining Power ; theDetaining Power shall be justified in takingjudicial or disciplinary measures in respectof any offense committed by a prisoner ofwar against such laws, regulations andorders. However, no proceedings or punish-

45


46

ments contrary to the provisions of thisChapter shall be allowed .

If any law, regulation or order of theDetaining Power shall declare acts com-mitted by a prisoner of war to be punishable,whereas the same acts would not be punish-able if committed by a member of the forcesof the Detaining Power, such acts shallentail disciplinary punishments only .

(5) See also pertinent provisions of FM27-10 and Section 3 of the Annex toHague Convention No. IV of 1907.

d. In keeping with the spirit of the above-quoted articles of the 1949 Geneva CivilianConvention and even in occupations not gov-erned by their express provisions, all procla-mations, ordinances, orders, and instructionsbinding upon the inhabitants of the occupiedarea will be published in written form . Theenactment in question will be given the samedegree of publicity as is given equivalent pro-nouncements under the local law. Publicationin an official gazette will usually satisfy formalrequirements, although to insure effective pub-licity, it may be necessary to post the enact-ment in question in public places throughoutthe area. Newspapers, radio, television, andother available media may be used for broaderdissemination . For examples of proclamations,ordinances and other enactments, see appendixB and FM 41-10 .

e. All documents will be published in theofficial local language and in English . The locallanguage version of the text is the one thatcharges the inhabitants with notice of anypenal provisions. In countries that have morethan one official language, the local practicewill be followed and penal provisions will bepublished in either one or more than one lan-guage, according to whether the country's legis-lation was published in one or more than onelanguage before the occupation. It may oftenprove difficult to reach a clear and idiomatictranslation. The matter is important, however,and great pains should be taken to provide sucha translation . The inhabitants cannot be ex-pected to comply unless they understand, andit is the translation, not the original English,that informs them .

6-2. Proclamation

Proclamations are public announcementsmade by the individual exercising chief execu-tive authority for all people within an area .They set forth the basis for authority and thescope of commanders' activities and define theobligations, liabilities, rights, and duties ofthe population affected .

a. Proclamations are directives promulgatedby the occupant or liberator and addressed tothe government and population of a territory .They set forth in general terms the policy ofthe occupant or liberator with respect to thegovernment and population of the territory.Normally they are issued sparingly and arereserved for matters of considerable conse-quence. Proclamations are lawmaking instru-ments and are issued in the name of, and asdirected by, the theater of operations or seniorU.S. commander.

b. Proclamations should be prepared in ad-vance and drafted with care so that they mayserve as the basis for the conduct of the civilaffairs operations .

c. The text of proclamations informs a hos-tile population of the fact and objectives ofthe occupation. In this respect, they differ fromsimilar documents directed toward the popu-lation of a liberated area which may tempo-rarily be administered by the commander'scivil affairs organization . Factors influencingthe text of proclamations include-

(1) Military-political objectives to be at-tained .

(2) The degree of precariousness of theoccupation .

(3) Requirements to be placed on govern-mental agencies and civil population .

(4) Traditions, customs, and desires ofthe local population .

(5) Treaties, agreements, or the rules ofcustomary international law affectingthe occupation .

d. All initial proclamations shouldDepartment of Defense approval before publi-cation .

receive

AGO 6062A

e. It is Impracticable to outline the contents directed to the contrary . They willof proclamations for all types of occupations . assist in the maintenance of law andThe first proclamation should generally cover order and restoration of normal eco-the following points :

nomic conditions .

(1) Declaration of occupation . This is for- (7)mal notice of the fact of occupationand the extent of the area over whichthe Armed Forces assume jurisdiction .

A statement of the purpose and policy .Political objectives should be includedonly pursuant to instructions fromhigher authority.

A declaration of the supremacy of themilitary commander. This is an es-sential prerequisite to any occupa-tional administration . It should an-nounce that a military governor hasbeen appointed and that political tieswith, and obligations to, the enemygovernment, if any, are suspended . Itshould announce that inhabitants willbe required to obey orders of the areacommander and his subordinates andto abstain from all acts or words ofhostility or disrespect to the occupyingforces .

Retention o f laws and officials. Itshould be announced that, unless theoccupant or liberator directs other-wise, local laws and customs will con-tinue in force, local officials will con-tinue in office, and personnel of allessential public and private serviceswill carry on with their regular tasks .

(6) Treatment of inhabitants . Assuranceshould be given that persons who obeythe instructions of the occupant orliberator have nothing to fear . Theywill be duly protected in their persons,property, family rights, religion, andemployment. Warning should be giventhat those who commit offenses willbe punished.

(6) Resumption of usual employment. In-habitants should be instructed thatthey must continue or resume theirusual employment, unless specifically

(2)

(3)

(4)

AGO 6062A


Detailed rules of conduct . It is ad-visable to put the population on noticethat further proclamations or ordin-ances will specify in detail what isrequired of the inhabitants .

(8) Miscellaneous . Other matters the areaof operations commander may desireto include .

(9) Place, date, and signature . Place anddate document is signed, signature,and military title of the issuing au-thority .

f. In the event of civil affairs operations ina liberated territory, e(1) through (9) above,should be appropriately modified .

g . Subsequent proclamations, numbered insequence, may be issued whenever the needarises. The occasion for a proclamation wouldordinarily be some development of considerableimportance in the conduct of the occupation,such as handing over of new administrativeresponsibilities to the national government .

6-3. Ordinances

a. An ordinance is a rule or regulation en-acted by the supreme lawmaking power of acommunity. It is normally of local application .Necessary ordinances usually will have beenprepared in advance of an operation . Furtherordinances made necessary by unforeseen cir-cumstances may be drafted and published .Among other matters, ordinances should dealwith offenses against the occupant or libera-tor, establishment of courts, currency and ex-change of regulations, rationing, and pricecontrol. It may be desirable to establish anofficial gazette wherein ordinances and otheracts binding upon the inhabitants are pub-lished .

b . The format of ordinances should be stan-dardized to the extent that they-

(1) Are numbered in sequence.

47


(2) Consist of a series of main subdivi-sions called articles.

(3) Contain definitions of any terms usedwhich are ambiguous or unfamiliar tothe persons to whom they are ad-dressed .

(4) Specify the effective date in the finalarticle .

(5) Are signed by the senior officer or bysome authorized subordinate .

c. Sample type ordinances which might beemployed are shown in appendix B .

6-4. Orders and InstructionsOrders and instructions differ from other

legal documents such as proclamations andordinances . They are local in scope and pro-vide detailed information as to the method ofcomplying with proclamations or ordinancesor furnish directions for the civil populationand government . They are intended to preventcivilian interference with military operations .Examples of subject matter contained in ordersand instructions are hours of curfew, travelrestrictions, and limitations in the operationsof agencies of government . Authority to issueorders and instructions should be delegated tothose subordinate commanders having civilaffairs area authority.

6-5. Standardization AgreementsStandardization agreements as used in this

manual refer to those agreements between twoor more nations in which the signatory powers

48

agree to conform to specified organization,training, and concepts of operations or to per-form indicated actions at such times as condi-tions outlined within the agreement arise. In-cluded are-

a. STANAG's-Standardization agreementsprepared by the NATO Military Agency forStandardization. Those in which the UnitedStates has concurred are obligatory upon U .S .Armed Forces .

b. SOLOG's-Standardization agreementsprepared under the Basic StandardizationAgreement between the United States, theUnited Kingdom, Canada, and Australia . Ex-amples of both can be found in FM 41-10 .

c. SEASTAG's-Standardization agree-ments prepared by the SEATO Military Plan-ning Office. Those in which the United Stateshas concurred are obligatory upon U .S. ArmedForces.

6-6. Other AgreementsOther agreements may be negotiated between

two or more parties to cover specified circum-stances and relationships. Other less formalunderstandings may be reached between com-manders and local authorities in the interestof harmony and minimum mutual interference .These may be either written or oral ; however,the latter should be reduced to writing as soonas circumstances permit .

AGO 6062A

7-1 . Generala Human society requires regulation even

in primitive tribal groups . Control processesvary greatly in range and degree among socialorders and, in a complex, urban civilization,reach into almost every facet of human rela-tionships. Not exempt from the requirementare nations with free representative govern-ments where recognition is accorded the dig-nity of the individual and inherent rights areenunciated and staunchly defended . Laws areenacted by deliberative bodies on national,regional, and community levels for protectionof individuals and security of group benefits .Police agencies and judicial systems are estab-lished .

b. Governmental controls, far reaching asthey may be, reflect only a fraction of the social,political, and economic restrictions under whichmen in free societies live . All of the numeroussocial groups within a nation state possess pro-cedures for regulation. Controls begin in thebasic group, the family. They extend intoschools, churches, various clubs, occupationalassociations, and labor organizations. Many ofthe controls involved in these groups have co-ercive characteristics concerned with the wel-fare of livelihood of regulated persons whoviolate or circumvent prescribed rules . Lesstangible, but still falling within the controlcategory, are the tenets of custom and theincentives for status which inhibit or moti-vate humans in their societal behavior.

c. Regulations, imperative in any commun-ity of persons, become even more compellingunder the disruptions, dislocations, and prior-ities associated with counterinsurgent oper-ations and war. Requirements of security,

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CHAPTER 7

CONTROL CONSIDERATIONS

facilities, goods, manpower, funding, and mili-tary mobility dictate additional or increasedcontrols over civilian populations . In theUnited States, except under a condition ofmartial rule, these extraordinary regulatorymeasures would be enacted or promulgated byresponsible civil authority . In oversea areas,approximate regulation may become the directresponsibility of military commanders if effec-tive or friendly civil administration is notfunctioning .

d. Means of control may be either coerciveor noncoercive . Representative measures areoutlined in FM 41-10, but generally noncoerc-ive controls lack characteristics of punitiveenforcement. Compliance is secured throughsuch measures as purchase, reward, and psy-chological pressure . Coercive measures involvepunishment or withdrawal of privilege .

e. Although force may be a factor in anyexercise of will by military forces over civil-ians, the compulsion of arms in the hands oftactical military organizations will not alonesecure direction and order, much less gainesteem and cooperation. People, rememberingthe ravages of war, casualties among friendsand relatives, and loss of possessions, may behungry and uncomfortable. They may alsohave been propagandized concerning allegedwrongdoings of U .S. and allied troops . Theywill be linked by strong emotional ties to theirhomeland and cannot be expected to advancethe welfare of occupation forces or to promotethe success of further operations . The popu-lace initially may be apathetic, but in theirranks will be a hard core of resistance leader-ship to plot and plead for the continuance ofboth active and passive opposition . The meas-

49


ure of their success will be determined to alarge extent by the conduct of occupation forceactivities associated with the management ofmilitary-civil relationships .

f. When friendly territory which had beenoccupied by hostile troops is reoccupied, muchthe same situation exists. The people will havesuffered hardships, partially imposed by liber-ating forces. Their more capable leaders mayhave been liquidated or evacuated . They willhave been inundated with propaganda, andthey will expect greater and more immediatebenefits than will civilians in unfriendly coun-tries .

g. From the standpoint of practical imple-mentation, control processes will be most com-plex during a retrograde movement promptedby sudden hostile attack upon an area whereU.S. forces have been stationed on an agree-ment basis for a considerable length of time .Because of the sensitivities of sovereigntyand unfavorable psychological considerations,planning for the imposition of controls essen-tial to orderly withdrawal and tactical in-tegrity likely will have been subordinated .Plans which have been drafted will sufferfrom the imperfections of incomplete coordi-nation, lack of consideration for ramificationswhich may be expedient, and inability to tailorand test control procedures and organization .Further complications of planning on controlmethods will be the normal reluctance to takecoercive measures against friendly civiliansand the fact that the evacuation of any U .S .dependents in the area may trigger a chain re-action of mass hysteria and flight . These con-siderations make it imperative that, notwith-standing the enumerated difficulties, allpossible contingency planning be accom-plished and coordinated with appropriateagencies of the government of the area . Suchplanning must include as a minimum-

(1) Use of evacuation routes, rest areas,and staging facilities .

(2) Coordination of alternative transpor-tation means to include use of hostnation facilities where required .

50

(3) Evacuation destinations, both ulti-mate and intermediate .

(4) Psychological operations to be imple-mented prior to and during suchevacuations .

(5) Security measures .

7-2. Control in an Autocratic Society

a. During transitional occupation of an areaformerly governed by a hostile power possess-ing autocratic central authority and a plannedeconomic system, civil affairs administrationwill require a vast organization . Absolute gov-ernments with their monolithic political struc-ture, particularly where property has beenlargely socialized, require huge bureaucraciesfor normal regulation . These governmentalagencies manage resources, means of produc-tion, distribution and exchange systems, and allpublic facilities . Political organisms receivecentral direction, and social relationships arestringently regulated . An occupying force mov-ing into an area where this type of society isin existence may be confronted, aside from theusual chaos of war, with a control vacuum.Governmental functionaries, including police,may have fled, become incapacitated during thecourse of combat, or been removed by rebelliouscitizens .

b. Prior policy decisions should be made bythe U.S. government unilaterally or in coordi-nation with allied powers on planned revisionsof political and economic systems and on per-sonnel purging criteria. Normally, the occupa-tion high command, without other contraryguidance, initially will retain as much of theexisting framework of civil administration asauthorized to avert disruption and disorder andto conduct necessary emergency sanitizingmeasures. Under any circumstances, the mili-tary control structure arriving in the area musthave the size, technical proficiency, and author-ity to administer or modify economic andpolitical systems as required .

7-3. Control in Insurgencya. Basic to any military counterinsurgency

program are the reduction of the causes of in-

AGO 6062A

surgency through economic and social better-ment programs, identification of the armedforces with civilian community interest, andstrengthened political fealty toward centralregimes . These measures promote populargoodwill and support for government troopsnecessary to divorce the population at largefrom dissident organizations . Deprived of as-sistance from the people in the form of supplies,information, personnel replacements, and thecloak of anonymity, insurgency movementspossess no prospect for success (para 4-4) .

b . The separation of the people from insurg-ents, so essential for an effective counterinsurg-ency operation, may require more stringentmeasures than programs pointed toward thealleviation of sources of civilian discontent .Aside from purely combat operations againstarmed irregulars, it may be necessary to imposecontrols upon the civilian population . Thetype and extent of controls will differ with theenvironment, political and economic consider-ations, agreements in force, and scope of as-signed mission. Among control measures whichmay be adopted are any or all of the following :

(1) Evacuation of designated areas .(2) Restrictions on circulation .(3) Imposition of a curfew.(4) Confiscation or accountability proced-

ures for firearms .(5) Suspension of designated civil rights .(6) Registration of individuals .(7) Issuance of identification cards .(8) Maintenance of control and account-

ability over property or supplies capa-ble of conversion to insurgent use .

(9) Mandatory educational (propaganda)meetings and forums .

(10) Censorship of all media of communica-tion including the mails .

(11) Licenses for all forms of transporta-tion .

(12) Requirement to report absentee em-ployees .

(13) Confiscation of property belonging tocollaborators.

(14) Relocation of families .(15) Compulsory service in civil security

forces or programs .

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(16) Price control and rationing for criticalitems .

(17) Establishment of clandestine informa-tion reporting net.

(18) Systems of licensing for manufactur-ing, sales, processing, movement, ortransactions .

(19) Taxation .(20) Inspection programs .(21) Off-limit areas or zones .(22) Suspension from office .(23) Military tribunals .(24) Development of a barrier plan .

c. Operations of this nature conducted byU.S. forces must be in conformity with U .S .law and the international agreements to whichthe United States adheres .

7-4. Civil Affairs Tribunals

a. Civil Affairs Tribunals in Occupied Areas .(1) The maintenance of order in society

demands that there be no vacuum inthe enforcement of law and the ad-ministration of justice . During an oc-cupation the occupant may, underinternational law, establish civil af-fairs tribunals . The extent of thejurisdiction of civil affairs tribunalsis generally specified in an occupationdirective and normally extends to thewhole of the occupied territory and toall persons in the occupied territoryexcept persons subject to the UniformCode of Military Justice, members ofthe armed forces of states allied withthe United States, and persons treatedas prisoners of war under the GenevaPrisoners of War Convention of 1949 .These courts provide a forum primarilyfor the adjudication of violations of theoccupant's enactments . In exceptionalcircumstances, when the local courtsof the occupied area are unable tofunction or when such actions becomenecessary to insure the effective ad-ministration of justice, civil affairstribunals may administer the ordinarycriminal and civil law of the occupied

5 1


52

area. The exercise of jurisdiction overacts or omissions of the inhabitants ofthe occupied territory should be re-turned to the local civil and criminalcourts of the occupied area as soon aspossible .

(2) The ultimate justification for the es-tablishment of a military j udical sys-tem is necessity. Whether such actionis necessary is a factual question to bedecided by the commander concernedin light of the requirements of themilitary situation, policy directivesfrom higher headquarters, the needsof the inhabitants, public attitude,political and legal considerations, theterms of applicable agreements, andother relevant considerations .

(3) In the past, military tribunals inUnited States practice have been iden-tified by a variety of names, and theirjurisdiction, composition, and . proced-ure have undergone an evolutionroughly paralleling courts-martial .Technically, these tribunals, whetherreferred to as civil affairs courts, pro-vost courts, or military governmentcourts, are military commissions .United States statutes and interna-tional law recognize military com-missions and affirm their jurisdic-tion. Certain articles of the UniformCode of Military Justice mention. mili-tary commissions and affirm the powerof the President to prescribe theirrules of procedure . The Geneva Civil-ian Convention of 1949 imposes cer-tain minimum standards with respectto the proceedings of civil affairs tri-bunals. In other respects the conductof the proceedings of these tribunals,within the limits authorized by inter-national law, is left to the policy of theoccupant. A prisoner of war under theGeneva Prisoners of War Conventionof 1949 must be tried by the same typeof courts which try the military per-sonnel of the detaining power. Addi-tionally, he is entitled to certain

procedural safeguards (Article 105,Geneva Prisoners of War Conventionof 1949) .

(4) An accused protected by the GenevaCivilian Convention of 1949 is also en-titled to certain procedural safe-guards. If he has to meet a charge forwhich the punishment may be death orimprisonment for two years or more,notice concerning the particulars ofthe case must be given . t o the Protect-ing Power, a neutral nation appointedto safeguard the interests of a bel-ligerent under the provisions of theConvention. The trial cannot proceedpreliminary to compliance with theseformalities . The accused is entitled toqualified counsel .

(5) Civil affairs tribunals must adherestrictly to the provisions of the GenevaCivilian Convention of 1949 . It isessential that their proceedings befair, intelligible to the participants atthe trial and the inhabitants of thearea in which the court is sitting, andprompt and expeditious in the conductof judicial business . In the eyes of theinhabitants, the ideals of Americanjustice will be as much on trial in casesbefore these courts as the accusedbrought before them . Thus the accusedmust be assured a fair hearing ; mustreceive adequate notice of the chargesin advance of trial ; must be given ade-quate opportunity to prepare hisdefense ; must be enabled to presentevidence necessary to his defense andto call witnesses presented by theprosecution and, unless he freelywaives such assistance, must be aidedby an interpreter. Adequate provisionshould be made for review or adminis-trative examination of cases by themilitary government legal staff . Theright of appeal should be provided .

(6) In imposing sentence, civil affairs tri-bunals should be guided by a numberof considerations, such as the require-ments of the military situation, the

AGO 6062A

AGO 6062A

demands of law and order, and the im-pact of the decision upon the inhabi-tants. It is important that the penaltynot be disproportionate to the offense .The interests of the occupation andhumanitarian considerations may bestbe served by reducing the severity ofpunishments or awarding jurisdictionto lower courts to avoid having unreal-istic numbers of persons in pretrialconfinement or being sentenced to con-finement where facilities are non-existent.

(7) For further material on this subjectsee FM 27-10, DA Pam 27-1, DA Pam27-10, Uniform Code of Military Jus-tice, and Manual for Courts-Martial,United States, 1951 .

b. Civil Affairs Tribunals Within the UnitedStates .

(1) Civil affairs tribunals may be re-quired in the restoration of law andorder should a domestic disturbanceoccur which is sufficiently serious forfor the President to proclaim martiallaw. A discussion of the prerequisitesfor the declaration of martial law isbeyond the scope of this manual. Itmay be observed, however, that thebasic authority on which a proclama-tion of martial law may be issued and


effected, and civil affairs tribunalsestablished, is the United States Con-stitution, especially those provisionswhich empower Congress to "declarewar" and "raise armies" and whichrequire that the President in thatcapacity, and as Commander in Chief,insure "that the laws be faithfullyexecuted." It is to be noted that civilaffairs tribunals in martial law situ-ations have jurisdiction over thedomestic civilian population only whencivilian courts are in such a state ofdisorder that they cannot function orwill not function. When civiliancourts are functioning, even thoughmartial law has been declared, offend-ers are turned over to civilian author-ities for prosecution (AR 500-50 andDA Pam 27-11) .

(2) The organization, procedure, andqualifications of the members of thecourt generally follow those prescribedfor courts-martial by the UniformCode of Military Justice and the Man-ual for Courts-Martial, United States,1951. The extent of a domestic civilaffairs tribunal's jurisdiction overpersons, subject matter, and areavaries depending upon the terms ofthe Presidential order establishingthe courts .

53

Army

AR 1-19

AR 20-1AR 140-108AR 140-192

AR 320-5AR 820-50AR 350-25AR 380-5AR 380-88AR 500-50AR 500-60AR 500-70(C) AR 515-1AR 616-170FM 1-5FM 5-1FM 8-10FM 9-1FM 11-20FM 19-2FM 19-3FM 19-15FM 19-20FM 19-25FM 19-30FM 20-10FM 21-5FM 21-6FM 21-30FM 27-10FM 30-5FM 31-15FM 31-21FM 31-73FM 33-1FM 41-10

AGO 6062A


APPENDIX A

REFERENCES

Operational Reports-Lessons Learned (Reports Control Symbol CSFOR-65) .

Inspector General Activities and Procedures .Civil Affairs Branch .Military Intelligence and Army Security Units Organization, Training,

Assignment and Retention Criteria .Dictionary of United States Army Terms.Authorized Abbreviations and Brevity Codes .Civil Affairs Training .Safeguarding Defense Information .Civil Censorship.Civil Disturbances.Disaster Relief.Civil Defense.Army Cold War Activities (U) .Civil Affairs Specialization .Aviation Company.Engineer Troop Organizations and Operations .Medical Service, Theater of Operations .Ordnance Service in the FieldSignal Operations, Theater of Operations .Military Police Support in the Field Army .Military Police Support in the Communications Zone .Civil Disturbances and Disasters .Military Police Investigations.Military Police Traffic Control .Physical Security .Civil Defense.Military Training Management.Techniques of Military Instruction .Military Symbols .The Law of Land Warfare.Combat Intelligence .Operations Against Irregular Forces .Special Forces Operations.Advisor Handbook for Counterinsurgency.Psychological Operations-U.S. Army Doctrine .Civil Affairs Operations .

55


FM 45-20FM 61-100FM 100-5FM 100-10FM 100-15(C)FM 100-20FM 101-5FM 101-10-1

FM 101-10-2

JCS Pub 1JCS Pub 2(C)JCS Pub 3DA Pam 27-1DA Pam 27-11DA Pam 108-1DA Pam 310-1DA Pam 310-3DA Pam 690-80TOE 29-500TOE 33-500TOE 41-2F

TOE 41-500TOE 51-1TOE 52-1TOE 54-2TOE 54-102TOE 54-202ATP 41-200ATT 41-1

Navy

NAVEXOS P-1910

Marine Corps

NAVMC 1196

Air Force

AFM 28-3AFM 40-8AFM 110-3AFM 112-1AFM 125-4AFM 160-37AFM 190-4AFM 190-6

56

Civil Censorship .The Division .Field Service Regulations-Operations .Field Service Regulations, Administration .Field Service Regulations, Larger Units .Field Service Regulations, Counterinsurgency (U)Staff Officers' Field Manual : Staff Organization and Procedure .Staff Officers" Field Manual : Organizational, Technical, and Logistical

Data-Unclassified Data .Staff Officers' Field Manual : Organizational, Technical, and Logistical

Data-Extracts From Tables of Organization and Equipment .Dictionary of United States Military Terms for Joint Usage .Unified Action Armed Forces (UNAAF) .Joint Logistics and Personnel Policy and Guidance (U) .Treaties Governing Land Warfare .Lectures of Martial Law.Index of Army Films, Transparencies, GTA Charts, and Recordings .Index of Administrative Publications .Index of Doctrinal, Training, and Organizational Publications .Administration of Foreign Labor During Hostilities .Composite Service Organization .Psychological Operations Organization .Headquarters and Headquarters Company, Area A and Area B Civil

Affairs Organizations .Civil Affairs Organization .Headquarters, Army .Headquarters Corps or Airborne Corps .Headquarters and Headquarters Detachment Logistical Command A .Headquarters and Headquarters Detachment, Logistical Command B .Headquarters and Headquarters Company, Logistical Command C .Civil Affairs Area Headquarters, Groups, and Companies .Manual for Courts-Martial, United States, 1951 .

USAF Guide for Wartime Planning .Admin of Foreign Labor During Hostilities.Civil Law .Claims Manual.Civil Disturbances and Disasters .Medical Planning for Disaster Casualty Control .Information Policies and Procedures .Field Press Censorship Guidance .

AGO 6062A

AFM 205-6AFM 207-2AFP 55-2-1AFP 110-1-3AFR 190-20AFR 355-3AFR 355-9AFR 355-19

General

III Commentary on Geneva Convention Relative to the Treatment of Prisoners of war (Pictet ed.1960)

IV Commentary on Geneva Convention Relative to the Protection of Civilian Persons in Timeof War (Picted ed. 1958)

2. Oppenheim, International Law, (7th ed. Lauterpacht 1952)

AGO 6062A


Civil Censorship.Handbook for Aerospace Security Forces.Air Force Civic Actions .Treaties Governing Land Warfare .Community Relation Programs .Planning and Response Organizations.Air Force Support in Natural Disasters .Civil Defense Identification Cards .

57

AGO 6062A

which are hereby suspended.

ARTICLE 2

General Suspending Clause

Notwithstanding the provisions of Article 1 of this law no law ofor implementing regulation or directive thereof, shall

be applied in any way within the territory ofoccupied by United States forces in any instance where such applicationwould

a. Cause injustice either by favoring or discriminating against anyperson because of his political beliefs, associations or affiliations, or

b. Be prejudicial to the security of the United States forces or themaintenance of orderly government in the occupied territory, or

c. Be incompatible with international law .


APPENDIX B

LAW NUMBER 1

To maintain orderly government in the territory ofoccupied by United States forces and to promote the security of theUnited States forces, it is hereby ordered

ARTICLE 1

Continuation of the laws of

All laws ofand all implementing regulations anddirectives thereof shall remain in force with the exception of

59


60

ARTICLE 3

General Interpretation Clause

Judicial decisions, official acts, and legal writings supporting or ex-pounding policies or doctrines reflected in legislation suspended by thislaw shall not be relied on as legal authority for the interpretation of thelaw of

ARTICLE 4

Limitations on Actions

In any case in which delay in the institution of any legal proceedingin acourt or tribunal has the affect of rendering claimsunenforceable or of extinguishing substantive rights, the period duringwhich the bringing of such proceeding is prevented by the suspension ofcourts or tribunals or the limitations imposed by this law shall be excludedin determining the applicable period of limitation or prescription .

ARTICLE 5

Continued Functioning of Tribunals

All courts and tribunals whether of a judicial, quasi-judicial or admin-istrative nature in the territory ofopen and func-tioning at the commencement of the occupation by the United Statesforces shall remain open and shall continue to administer the laws of not suspended by this law provided that :

a. None of the courts or tribunals ofshall dealwith any matter within its jurisdiction so long as the judges and offi-cials thereof have failed to comply with the requirements of this law .

b. No court or tribunal created by a provision of the law ofsuspended by this law shall continue to function .

c. None of the following courts and tribunals shall function1 .2.3.4.

ARTICLE 6Emergency Suspension of Courts and Tribunals

a. Notwithstanding the provisions of the preceding Article, until suchtimes as the exigencies of the situation permit, all courts and tribunals(in the cities of) (provinces of)(Districts of)

AGO 6062A


(here write the names of the political subdivisions in question) andall other courts and tribunals in areas affected by military operations aretemporarily suspended .

b. Should the exigencies of the situation require, the functioning ofcourts and tribunals not specified above may be temporarily suspended .

c. Notice of the suspension of courts or tribunals . shall be publishedin writing in English and inand shall be giventhe same degree of circulation and publicity prescribed for comparablenotices under the law of

ARTICLE 7

Qualification of Judges,. Prosecutors, Notaries and Lawyers

No person shall be qualified to act as a judge, prosecutor, notary,lawyer or as a member of any court or tribunal, whether civil, criminalor administrative, until he shall have subscribed to the following oath

"I swear (or affirm) by Almighty God that I will at all times applyand administer the law without fear or favour and with justice andequity to all persons of whatever creed, race, color or political opinionthey may be, that I will obey the laws ofandall enactments of the United States Civil Affairs Administration inspirit as well as in letter, and will constantly endeavor to establishequal justice under the law for all persons. So help me God ."Those so inclined by personal beliefs may omit reference to the deity .

ARTICLE 8

Priority in Adjudication

Generally, the courts and tribunals ofshall givepriority to the following matters in the following order

a. Criminal cases initiated before the effective date of the law .

b. Criminal cases initiated after the effective date of this law .

c. Civil actions .

d. Administrative proceedings .

ARTICLE 9

Limitations on Jurisdiction

Except when expressly authorized by the United States forces, noagency or tribunal ofshall assert or exercise juris-diction in the following classes of cases

AGO 6062A 61

62

FM :41-5/OPNAV 09B2P1 /AFM 110-7/NAVMC 2500

a. Cases involving the, United States forces, the members thereof orany persons serving with, employed by, or accompanying the U . S. ArmedForces.

b. Cases against the United States or against a State allied with theUnited States.

c. Cases arising under provision of the law ofsuspended by the United States forces .

d. Cases involving offenses against any law, ordinance,, proclamationnotice, order,. instruction or enactment of the United States forces havingfor its purpose the security of such forces or involving the constructionor validity of any such order or enactment.

e. Any case or class of cases over which jurisdiction has been assumedby the United States forces .

ARTICLE 10

Independence of Local Courts

a. Courts and tribunals ofwill retain full inde-pendence and freedom of action except that the United States forces shallhave the right :

(1) To remove from office for cause any judge, prosecutor, or othercourt official, whether elective or appointive and to disbar anynotary or lawyer ;

(2) To attend the hearing of any case, whether in public or oncamera, and to have full access to all files and records of thecourt and documents in the cases ;

(3) To suspend, commute, pardon, or otherwise modify in theinterests of justice, any findings, sentence, order or judgmentrendered by any court or tribunal of;

(4) To transfer to the jurisdiction of a Military Commission orProvost Court any case or class of cases.

b. No sentence of death shall be carried out without the consent ofthe United States forces .

c. In all proceedings to which they apply, the provision of the fourGeneva Conventions for the Protection of War Victims of 12 August1949 shall be strictly observed .

ARTICLE 11

Testimony

No person listed in Article 9a of this law shall be required or per-mitted to testify before any court or tribunal ofwithout the consent of the United States forces,

AGO 6062A


ARTICLE 12

Ex Post Facto Law

No charges shall be preferred nor sentence imposed or punishmentinflicted for any act unless such act is expressly punishable by law inforce at the time of the commission of the offense, the time of the trial,and at the time of the imposition of the punishment. No change in thelaw subsequent to the date of the offense which modifies the criminalityof the offense, the ground or means of defense, or the punishment pre-scribed shall operate to the prejudice of the person accused, convicted orsentenced.

ARTICLE 18

Punishment

Violations of the provisions of this law shall upon conviction be pun-ishable by any lawful punishment, except the death penalty .

ARTICLE 14

Effective Date

This law shall become effective on the date of its publication in theEnglish and in thelanguages in the territory of

occupied by United States forces .

ORDINANCE NUMBER 1Offenses Against the Security of the United States Forces

To provide for the security of the United States forces in the occupiedterritory ofit is ordered

ARTICLE 1

Any person who(1) Is found lurking as a spy or acting as a spy or who commits

any other act of espionage ;(2) Commits an intentional offense prejudicial to the security of

the United States forces which causes the death of one or morepersons ; or

(3) Commits a serious act of sabotage against the military instal-lations of the United States forces ; shall suffer death or suchother punishment as the military commission shall direct, exceptthat persons who were under 18 years of age at the time of theoffense shall not be liable to the death penalty .

AGO 6062a

64

PM 41-5/OPNAV 09B2P1 /AFM 110-7/NAVMC 2500

ARTICLE 2

Any persons who(1) Commits an assault upon or any other intentional offense against

the person of a member of the United States forces ;(2) Falsely pretends to be a member of the United States forces ;(8) Without authorization possesses, uses, has custody of, or con-

trol over, with intent to injure the United States forces, anyfirearms, ammunition, explosive or other weapon or apparatusfor the transmission of messages or other communication device ;

(4) Furthers or attempts to further the escape of any .person detainedby United States authority or knowingly assists or concealsany such person after escape ;

(5) Sabotages or attempts to sabotage or who otherwise damagesor destroys any war materiel, installation, or property belong-ing or utilized by the United States forces, where such act is notcovered by Article 1 (3) hereof ;

(6) Intentionally interferes with or misleads any member of orperson acting under the authority of the United States forcesin the performance of his duties ;

(7) Incites to or participates in rioting or public disorder directedagainst the United States forces ;

(8) Steals or obtains by fraud the property of the United Statesforces or of any member thereof ;

(9) Counterfeits or alters any United States Military Payment Cer-tificate or any other United States currency, coin or stamp, orpossesses or utters any thereof, having reason to believe it tobe false or altered ;

(10) Bribes, corrupts or intimidates any member of or person act-ing under the authority of the United States forces ;

(11) Possesses, controls, or disposes of property belonging to theUnited States forces or to a member of the United States forceswithout proper authority ;

(12) Destroys, conceals, or disposes of any property with the intentof depriving the United States forces of the opportunity of law-fully seizing, confiscating, or requisitioning such property ;

(18) Knowingly makes any false statements, orally or in writing, toany member of, or person acting under the authority of theUnited States forces in a matter of official concern

(14) Resists arrest by a person acting under the authority of theUnited States forces, or escapes from arrest or detention im-posed under such authority .

(15) Aids any person known to be wanted by the United States forces ;(16) Disseminates any rumor intended or calculated to jeopardize

AGO 6062A


the security of or to undermine the morale of the United Statesforces ;

(17) Initiates or carries out any criminal prosecution, disciplinarymeasure or any other form of punishment or victimization (in-cluding organized boycotting) against any person for cooperat-ing with the United States forces ;

(18) Without proper authority, intentionally destroys, removes, alters,or conceals records or archives of any nature, public or private ;

(19) Without proper authority, intentionally destroys, damages, orinterferes with the operation of any transportation or communi-cation equipment or any public utility or public service ; shallsuffer such punishment, except death, as a military commissionor provost court shall direct .

ARTICLE 3

Any person who(1) Communicates, except through channels authorized by the ,

United States forces, with any person in enemy territory notoccupied by the United States forces ;

(2) Aids any organization declared illegal by the United Statesforces, by any means including, but not limited to, publishing,possessing, or distributing printed or written matter, or bypossessing, displaying or wearing such organizations' flags, uni-forms, or insignia ;

(3) Disobeys any law, proclamation, ordinance, notice, order, regu-lation, or other enactment of the United States forces where apenalty is not expressly stated in such enactment ;

(4) Circulates without a permit during a curfew prescribed by theUnited States forces ;

(5) Fails to have possession of a valid identity card when possessionof such a card is required by lawful authority ;

(6) Makes, issues, or knowingly possesses any false permit, iden-tity card, or other document of an official concern to the UnitedStates forces ;

(7) Conducts or invites any member of the United States forcesinto a place designated "OFF LIMITS" or supplies goods orservices to such member in any such place ;

(8) Defaces or removes without proper authority written or printedmatter posted under authority of the United States forces ;

(9) Promotes, aids or attends any public gathering for which nopermit has been granted, unless held for religious purposes orin the exercise of functions not prohibited by the United Statesforces ;

65

66


(10) Promotes, aids, or participates in any conduct hostile or dis-respectful to the United States or its forces or prejudicial tothe authority of the United States forces ;

(11) Without proper authority, sells or gives any narcotic to a mem-ber of the United States forces ; shall suffer imprisonment upto two years or a fine up to $5,000 or both as a military com-

mission or provost court shall direct.

ARTICLE 4

(1) An act done with specific intent to commit an offense describedherein, amounting to more than mere preparation and tendingbut failing to effect its commission, is an attempt to commit thatoffense. Any person who attempts to commit any offense de-scribed herein may be sentenced to any punishment, exceptdeath, permitted for the offense attempted .

(2) If two or more persons conspire to commit any offense describedherein, and one or more of such persons do any act to effectthe object of the conspiracy, each may be sentenced to anypunishment, except death, permitted for the offense which isthe object of the conspiracy.

(8) Any person who aids, abets, counsels, commands, induces orprocures the commission of an offense described herein, andany person who causes an act to be done, which if directlyperformed by him would be an offense described herein, is a prin-cipal and may be punished as if he himself had committed theoffense.

(4) Any person, knowing that an offense described herein has beencommitted, receives, relieves, comforts or assists the offenderin order to hinder or prevent his apprehension, trial or punish-ment, is an accessory after the fact . An accessory after thefact shall be liable to any punishment permitted for the pun-ishment of the principal, except death .

ARTICLE 5

The expression "any person" as used herein excludes those individualswho, at the time of the offense, were entitled to the status of a combatantand were committing an act of legitimate warfare .

ARTICLE 6

This ordinance shall become effective on the date of its publication inthe English and in thelanguages in the territoryofoccupied by the United States forces.

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ORDINANCE NUMBER 2Civil Affairs Judicial System

ARTICLE 1

Types of Courts

a. To provide for the security of the United States forces and theorderly administration of justice there is hereby established for theterritory ofoccupied by United States forces, aCivil Affairs Judicial System consisting of the following tribunals :

(1) Trial Courts.(a) Military Commissions(b) Superior Provost Courts(c) Summary Provost Courts

(2) Courts of Appeal .

b. Subject to the provisions prescribed in Article 2, Military Com-missions shall consist of a legal officer and any, number of nonlawyercourt members not less than five. A Provost Court shall consist of alegal officer, except that where the exigencies of the service require, amature officer possessing the requisite background and temperament maybe appointed ,as a Summary Provost Court.

c. Courts of Appeal shall consist of three members meeting the quali-fications for legal officer prescribed in Article 2 .

ARTICLE 2

Qualificationsof Legal Officers

Legal officers appointed to Military Commissions, and as Provost Courtsshall be officers of the Armed Forces of the United States who are mem-bers of the bar of a Federal Court or of the highest court of a state ofthe United States and who are certified as qualified for such duty byThe Adjutant General of the armed service of which they are members.No person shall be eligible to act as a legal officer in a case when heis the accuser or a witness for the prosecution or . has acted as investi-gating officer or counsel in the same case . The legal officer of a MilitaryCommission shall not consult with members of the Military Commission,other than on the form of their findings, except in the presence of theaccused and counsel for both sides, nor shall he vote with the membersof the Military Commission. Where the exigencies of the service require,a legal officer may be any officer of the Armed Forces of the UnitedStates who is a member in good standing of a Federal court or of thehighest court of a state of the United States .

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ARTICLE 8

Authority to Appoint

The general or flag officer commanding United States forces in - shall have authority to appoint Military Commis-

sions, Provost Courts and Courts of Appeal . He may delegate this author-ity to subordinate commanders .

ARTICLE 4

Jurisdiction as to Persons

a. Without prejudice to any jurisdiction over persons conferred bythe law of war, Military Commissions and Provost Courts shall havejurisdiction over all persons in the territory occupied by the UnitedStates forces. Unless expressly authorized by the general or flag officercommanding the United States forces in, such juris-diction shall not be exercised over the following categories of persons

(1) Members of the Armed Forces of the United States or of alliednations .

(2) Prisoners of war, within the meaning of Articles 4 and 5 ofthe Geneva Convention Relative to the Treatment of Prisonersof War of 12 August 1949.

(3) Persons triable for grave breaches of the four Geneva Conven-tions for the Protection of War Victims of 1949, to whom theprovisions of Article 146 of the Geneva Convention for the Pro-tection of Civilian Persons in Time of War, 12 August 1949,apply .

b. For the purpose of this Article, Military Commissions and ProvostCourts shall be competent to determine the status of individuals in theclasses enumerated above .

ARTICLE 5

Jurisdiction Over Offenses

Military Commissions and Provost Courts shall have jurisdiction overthe following crimes and offenses

(1) Offenses under any proclamation, law, ordinance, notice, orderor other directive issued by or under the authority of the UnitedStates forces in

(2) Any crimes or offenses denounced by a law ofnot suspended by order of the United States military authorities.

(3) Grave breaches of the four Geneva Conventions for the Protec-tion of War Victims of 1949 and any other violation of the lawsand customs of war.

FM 41-5/OPNAV 0982P1 /AFM 110-7/NAVMC 2500

ARTICLE 6

Limitations on Jurisdiction

Military Commissions and Provost Courts shall not try persons pro-tected by the 1949 Geneva Civilian Convention for offenses committedprior to the commencement of the occupation except for

(1) Violations oflaw not suspended by theUnited States authorities ; and for

(2) Breaches of the laws and customs of war .

ARTICLE 7

Authorized Punishment

a . , Military Commissions . Military Commissions are authorized toimpose any lawful sentence or order. These sentences and orders mayinclude : fines ; imprisonment at hard labor, or both, or alternate con-finement in lieu of . fines ; exclusion from certain areas ; confiscation ;padlocking; restitution or restoration of property of whatever value ;suspension or revocation of privileges or licenses ; and death.

b. Superior Provost Courts . Superior Provost Courts are authorizedto impose sentences and orders of

(1) Imprisonment at hard labor for less than two years ;

(2) Fines of money not to exceed three thousand dollars or its equiva-lent determined at the prevailing rate of exchange or militaryconversion rate at the time of imposition of the fine ;

(3) In lieu of fines when not paid, alternate confinement at hard laborat the rate of one day's confinement for each three dollars ofunpaid fine or its equivalent determined at the prevailing rate ofexchange or military conversion rate at the time of impositionof the fine ;

(4) Forfeiture, destruction, or other disposition of contraband prop-erty such as weapons, narcotics, and intoxicants of any value .For the purpose of this ordinance, "contraband property" .isfurther defined as any property in the possession of individuals,the possession of which is prohibited by local law not suspendedby the United States military authorities or by any order ordirective promulgated by the United States military authorities ;

(5) Restitution or restoration of property of whatever value ;(6) Placing off-limits, padlocking, or otherwise closing for a period

not to exceedof a place where there iscontinuing unlawful traffic in intoxicating liquor, narcotics, pros-titution, or other resort of persons engaging in criminal activityprejudicial to the security of the United States forces ;

(7) Suspension or revocation of privileges or licenses for a period not.to exceed

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(8) Any combination of the foregoing provided that the total confine-ment at hard labor will be less than two years.

c . Summary Provost Courts. Summary Provost Courts are authorizedto impose sentences and orders of

(1) Imprisonment at hard labor not to exceed three months ;

(2) Fines of money not to exceed three hundred dollars or its equiva-lent determined at the prevailing rate of exchange or militaryconversion rate at the time of imposition of the fine ;

(3) In lieu of fines when not paid, alternate confinement at hard laborat the rate of one day's confinement for each three dollars ofunpaid fine or its equivalent determined at the prevailing rate ofexchange or military conversion rate at the time of impositionof the fine ;

(4) Any other punishment authorized to be ordered by a SuperiorProvost Court in the preceding section of this Article, or com-bination thereof, provided that the total confinement at hardlabor shall not exceed three months .

ARTICLE 8

General Provisions Concerning Punishment

a. Military Commissions and Provost Courts shall apply only thoseprovisions of law which were applicable prior to the offense . The penaltyshall be proportionate to the offense . Where the accused does not oweallegiance to the United States, such fact will be taken into account .

b. In all cases, the duration of the period during which a protectedperson accused of an offense is under arrest or in detention awaiting trialor punishment shall be deducted from any period of imprisonment im-posed. .

c. All sentences except death may be put into execution immediately.Military Commissions and Provost Courts may suspend the execution ofany sentence in whole or in part whenever appropriate on such terms asthey see fit. If the convicted person breaches the terms of the suspensionor commits another offense, the prosecutor should make this fact knownto a Military Commission or Provost Court, as the case may be, whichmay then, after a hearing, issue an order vacating the suspension anddirecting the accused to be taken into custody and the sentence served .

d. The death sentence may be imposed upon a person protected by theGeneva Convention Relative to the Treatment of Civilian Persons in Timeof War, 12 August 1949, only upon a conviction of the following offenses

(1) Espionage ;

(2) Serious acts of sabotage against United States military installa-tions ;

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(3) Intentional offenses which have caused the death of one or morepersons ;

(4) Violations of_laws which have not beensuspended by United States authorities and for which the deathpenalty is authorized bylaw.

(5) Grave breaches of the four. Geneva Conventions for the Protec-tion of War Victims of 12 August 1949 and other violations ofthe laws and customs of war. Such a sentence may not be pro-nounced unless the attention of the court has been particularlycalled to the fact that since the accused is not a national of theUnited States, he is not bound to it by any duty of allegiance . Inno case may the death penalty be pronounced against a protectedperson who was under the age of 18 at the time of the offense .

e. No person shall be convicted of any offense by a Military Commissionexcept by the concurrence of two-thirds of the members present at thetime the vote is taken.

f. No person shall be sentenced . . to death by a Military Commissionexcept by the unanimous concurrence of the members present at the timethe vote is taken . A concurrence by three-fourths of the members presentshall be required for a sentence to imprisonment for ten years or more .A concurrence by a majority of the members present shall be requiredfor any other sentence or order .

ARTICLE 9

Authority to Conduct Proceedings

a. Military Commission, Provost Courts and Courts of Appeal maymake such orders with respect to the person of the accused and the prop-erty, premises or business involved in the offense as may be required .

b. Military Commissions, Provost Courts and Courts of Appeal shallhave power to impound money or other objects, to grant bail and acceptand forfeit security therefor, to order arrest, to compel the attendance ofand to order the detention of witnesses, to administer oaths, to punish forcontempt and such other powers as may be necessary for the properadministration of justice .

c. Military Commissions, Provost Courts, and Courts of Appeal shallhave authority to designate advisors to assist them, and to appoint bailiffs,interpreters, reporters, clerks and other persons necessary for the conductof proceedings.

ARTICLE 10

Rights of the Accused

Every accused before a Military Commission, Provost Court or Courtof Appeal shall be entitled

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a. To have in advance of trial, in writing, in a language which he under-stands a copy of the charges upon which he is to be tried .

b. To communicate with a representative of the Protecting Power orsubstitute organization in accordance with the provisions of the GenevaConvention for the Protection of Civilian Persons in Time of War, 12August 1949, and with relatives and trusted friends, to consult counselbefore trial, and to conduct his own defense or be represented at the trialby qualified counsel of his own choice, subject to the right of the courton good cause shown to bar any person from appearing before the court .Said counsel may visit the accused freely in private and will have accessto the necessary facilities, documents, and witnesses for preparing hisdefense. When an accused charged with an offense punishable by con-finement for two years or more does not have private counsel, qualifiedcounsel shall be provided him .

c. In any case in which the death sentence may be imposed, to be repre-sented by the officer of the armed services of the United States, regard-less of whether he has private counsel, unless he affirmatively waives hisright to such officer's representation .

d. To apply to the court for adjournment or continuance where neces-sary to prepare his defense or to make such other motions authorized bythe Rules of Procedure that are required in the conduct of his defense .

e. To have the services of an interpreter at the trial, at any preliminaryinvestigation, and in all other proceedings in his case . At anytime hemay object to the interpreter and ask for his replacement .

f. To be present at his trial, to . present evidence necessary to his de-fense, to bring with him or have summoned by the court such witnessesas he may wish, and to cross-examine the witnesses furnished by theprosecution .

g. To be presumed to be innocent until his guilt is established by legaland competent evidence beyond a reasonable doubt .

h. To have a prompt and speedy trial .

i. In the event of conviction, to be notified of his appellate rights . Inthe case of conviction of a Military Commission, the accused shall, in theevent of appeal, be furnished without cost a copy of the record of trial inhis case .

ARTICLE 11

Review of Findings and Sentence

1 . Administrative Review

a. Provost Courts. Every finding of guilty by a provost court shall bereviewed for legal sufficiency by a qualified lawyer . Such review will bedirected towards a determination of whether or not the findings andsentence are supported by the law and the facts and should be confirmed .

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The reviewing officer will recommend whether or not the findings andsentence will be confirmed or whether a finding of guilty as to a lesserincluded offense and a proportionate reduction in sentence, if warranted,should be confirmed. The officer appointing the court shall confirm somuch of such findings and sentence .as are supported by the law and thefacts, and he may confirm a finding of guilty as to a lesser included offenseand confirm the sentence or substitute, mitigate, pardon or take such otheraction as he deems appropriate with respect to the sentence, provided thathe may not increase the sentence imposed by the court . The officerappointing or convening the court may refer back to the Provost Courtfor trial, or to another provost court, any specification with reference towhich a motion was granted at the trial which does not amount to afinding of not guilty and as to which there has been no trial on the merits .

b . Military Commissions . Whenever an accused has been tried andconvicted by a Military Commission, there will be a review of the recordof trial by a qualified lawyer, directed by the officer who convened thecommission. Such reviewing officer will make such recommendations asare prescribed in the case of Provost Courts, and the officer who appointedthe commission will confirm the findings and sentence in such cases andwill have such authority to approve lesser included offenses and makesubstitute findings and sentence and confirm the same, provided that nosentence in excess of that awarded by the . military commission may beconfirmed, as in the case of confirmation of a conviction by a ProvostCourt .

2 . , Other Rights to Review. A convicted person shall have the followingrights

a. Petition for Clemency, Pardon, and Reprieve . In any case a convictedaccused may petition the authority who convened the tribunal by whichhe was sentenced for clemency, pardon or reprieve .

b.New Trial . In any case a convicted accused may petition for a newtrial on the basis of newly discovered evidence or fraud on the court.Such a petition shall be made to the Court of Appeals .

c . Mandatory Appellate Review . In any case involving a sentence ofdeath or of imprisonment for two years or more the accused shall beentitled to appellate review as a matter of right .

3. Prosecution Appeals . Appeals by the prosecution shall be allowedonly to correct an error of law. No appeal will operate to the prejudiceof the accused with respect to the findings or sentence .

4. Form and Time. Petitions shall be in the prescribed form and shouldbe filed with the trial court or the Court of Appeals, as the case maybe, within 30 days of the date of sentence, except in the case of apetition for new trial which may be filed at anytime .

5 . Discretion of the Court of Appeals . Except in cases for which appellatereview is mandatory, the granting of petitions for review will bewithin the discretion of the Court of Appeals .

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6. Procedure and Powers of Court of Appeals .a. The Court of Appeals shall decide each case on the record of trial,

after consideration of briefs and oral arguments of counsel . The courtshall restrict its consideration to questions of law and shall not decideissues of fact, except that the court may decide whether, as a matter oflaw, there was sufficient evidence to sustain a finding of guilty .b. The Court of Appeals may prescribe their own rules of procedure

to implement this ordinance.c. After reaching its decision, the court will prepare a written opinion

to be published for the information and guidance of the legal professionand the public.

d. After review, the courts will be empowered to take any 'of thefollowing actions

(1) Affirm a finding of guilty and a sentence ;(2) Set aside a finding of guilty and a sentence and discharge the

accused ;(3) Set aside a finding of guilty and a sentence and order a new trial ;(4) Substitute for any finding of guilty, a finding of guilty of a

lesser included offense which is supported by the evidence andadjust the sentence to conform to the offense ;

(5) Suspend, reduce, commute, or modify any sentence or order andmake appropriate order for the discharge of the accused, thereturn of a fine, restitution of property, or other appropriateorder, so long as the sentence of the trial court is not increased .

e. The proceedings of the trial court will not be invalidated nor any,findings or sentence disapproved for any error or omission, unless in theopinion of the appellate court, after an examination of the entire record,it appears that the error or omission has resulted in a substantial injusticeto the accused .

ARTICLE 12

Execution of Sentences

1. The judgment in the case of a person protected by the 1949 GenevaCivilian Convention who is sentenced to death or to imprisonment fortwo years or more, with all the relevant grounds therefor, shall becommunicated as rapidly as possible to the Protecting Power or to theorganization substituting for the Protecting Power.

2. The judgment in the case of a person not protected by the 1949 GenevaCivilian Convention who is sentenced to death or to imprisonment fortwo years or more, with all the relevant grounds therefor, shall becommunicated as rapidly as possible to the appropriate officials of theState of which the accused is a national.

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3. No death sentence shall be carried out before the expiration of aperiod of at least six months from the date of receipt by the ProtectingPower, or substitute organization, or by the State of which the accusedis a national, as the case may be, of the notification of the final judg-ment confirming such death sentence, or an order denying pardon orreprieve .

4. The six months period referred to in the preceding article may bereduced in individual cases in circumstances of grave emergencyinvolving an organized threat to the security of the United States orits forces, provided that the Protecting Power, or substitute organiza-tion, or the States of which the accused is a national, as the case maybe, is notified of such reduction and is given a reasonable time andopportunity to make representation to the United States authoritiesin. In no case shall a sentence of death be orderedinto execution until confirmed in writing by the general or flag officercommanding United States forces in

ARTICLE 13

Application of the Uniform Code of Military Justice and theManualfor Courts-Martial . United States 1951

Except as otherwise provided in this Ordinance or in the Rules ofProcedure prescribed by proper authorities of the United States forcesfor Military Commissions, Provost Courts and Courts of Appeal, andsubject to any applicable rule of international law, these tribunals willbe guided with respect to rules of procedure and evidence, by the pro-visions of the Uniform Code of Military Justice, and the Manual forCourts-Martial, United States, 1951 .

ARTICLE 14

Application of Local La

Military Commissions, Provost Courts of Appeal shall give consider-ation to provisions of the law of not suspended by theUnited States authorities ; in particular they shall give effect to proceduralsafeguards and substantive rights, the recognition of which is compatiblewith international law and American standards of justice .

ARTICLE 15

Compliance with the 1949 Geneva Convention for the Protection ofCivilian Persons in Time of War

In proceedings to which it applies, Military Commissions, ProvostCourts and Courts of Appeal shall comply strictly with the provisions ofthe 1949 Geneva Convention for the Protection of Civilian Persons in Timeof War, particularly Articles 64-78, thereof .

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ARTICLE 16 Effective Date

This ordinance shall become effective on the date of its publication inthe English and in thelanguages in the territory ofoccupied by United States forces .

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INDEX

Paragraph Page

Advice 1-8,1-6,8-7,4-1, 8,6,17,25,4-6, 4-9 28,86

Advisory Council 8-2 18Agreements 1-2-1-5,1-6,2-3, 8, 6,10,16, 22,

84,8-9,4-2,4-8, 25,26, 27, 86, 484-4,4-11,6-5,6-6

Ambassador 1-4,3-1,4-6 4,18,28Application of Manual 1-1 8Area Support 8-6,4-2,4-7 16, 25, 82Area Study 4-12 87Armistices 4-8b 88Arts, Monuments and Archives 8-7 17Authority 1-4-1-6,2-2,2-4, 4,9,11,18,25,

8-1,4-2,4-5 , 4-10, 28, 86, 45, 516-1, 7-4

Captured Enemy Supplies 4-18 88Casualties 4-7,4-9 $2,86CBR 44,44 26,82Civic Action (See Operations.)Civil Affairs :

Agreement (See Agreements.)Annex 5-1,5-5,5-6 41,42Authority (See Authority.)Concept 4-2 25Functions (Also see separate listings.) 8-7 17Mission 4-1 25Objectives 1-6 5Operations (See Operations.)Organization 8-1--8-10 18Personnel 1-6,8-8,4-10 6, 21, 86Principles 1-6 6Staff Sections (See Organization.)Support (See Support.)Training 8-9 22Tribunals= 7-4, App B 51,59Units (See Organization .)

Civil Defense (See Operations.)Civil information 8-7 17Civil Government 1-6,34,44,74 6,17, 28, 51Civilian Agencies 1-6,2-3,3-1,4-3, 6,10,18, 26,

4-5,4-8 28, 88Civilian Supply 8-7,4-18 17,88Claims 1-4,4-8 4,26Cold War 4-6 28Command Responsibility 1-6,2-1 6,9Command Support 8-6,4-2,4-7 16, 25, 82Commerce and Industry 8-7 17


Communications, Public (See Public Communications.)Control (See Populace and Resources Control .)Coordination

Paragraph

1-4,1-6,2-2,8-4,

Page

4,6,9,15,4-6,6-6 28,42

County Team 4-4,4-6 27,28Courts (See Civil Affairs Tribunals.)

Definition 1-2 8Delegation of Authority 1-6,8-4,34,6-6 6,15,16, 42Directives 1-6, 6-1-6-4 6,45Directorate of CA, The 8-8 15Displaced Persons (See Refugees.)

Economics 8-7 17Education 8-7 17Estimate of Requirements 4-18 88Estimate of the Situation 5-2 41Evacuation 4-7 82Evacuees (See Refugees .)

Financial Institutions 1-4, 84,4-5 4,17, 28Food and Agriculture 8-7 17Functions, Transfer 1-5 6

Geneva Convention 1-5,8-7,6-1 5,17, 46Government (See Civil Government or Military Government .)Guerrilla Operations (See Operations.)

Host Countries (Also see Agreements .) 1-4,2-8, "4-8 --4-5 4,10, 26Humanity 1-6 8

Information, Civil (See Civil Information .)Insurgency (See Operations.)Intelligence 4-6,4-12,5-6 81, 87, 42International ;Law (See Law.)International Organizations 2-8, 8-9, 8-10,4-11 10, 22, 28, 86

Joint Chiefs of Staff 8-2 18

Labor 8-7,4-5,4-13,5-5 17, 28, 88, 42Law :

Existing 8-7,6-1, 6-2,7-1 17, 45,46, 49International 1-6,8-7,6-2. 6,17, 42

Liaison 1-8-1-5,3-10,4-8 8, 28, 88Logistics 4-18,6-6 88,42

MAAGS and Missions 4-4,4-5 27,28Martial Law 2-2,74 9,51Military-Civil Relationships 14,2-1-2-4,7-1 4, 9, 49MilitaryMilitary Government = 1-8,14,4-8 3,6,88Military Necessity 1-6,4-7,7-8 6, 82, 60Mobilization Designees 8-9 22

National Policy 1-4,1-5,2-8,8-1, 4,5,10,18,28,8-10,6-6,6-6, 7-1 42,49

Objectives ---- . 1-6 5Occupied Territory (See Military Government.)Operations

Civic Action 4-5 28Civil Defense 2-4,8-7,4-9, 11,17, 86, 42

5-8Combat 4-7 82

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Paragraph Page

Operations-ContinuedCombined 1-6,8-5,4-.8,4-11, 6,16,38,86,

5-4,6-5 42,48Concepts 4-2 26

Counterinsurgency 1-5,8-6,4-4,4-5, 5,16, 27, 28,4-7,7-8 82,50

Guerrilla 4-4,4-6,4-7 27, 81, 82Insurgency 24,4-4,4-5,7-8 10, 27, 28, 60International Command 1-6,8-5,4-8,4-11 6,16, 88, 86Joint . 4-10, 5-3, 6-6 36, 41, 42mission 2-1,4-1 9,26Post Combat 4-8 88Principles 1-6 6Rear Area 4-7 82Situation Short of War 4-8 26Static Situations 4-8 83Support 1-5,4-2,4-7,4-13 6, 25, 82, 88Unconventional Warfare 4-6,5-6 81,42

OrdersOrders 6-1,6-4 45,48Ordinances 6-1,64 45,47Organizations :

Departmental 8-1,8-2 18Department of Army 3-2,3-8 18,16Functional Teams 8-7 17

Staff Sections 8-4,8-6,8-8,4-11 15,16, 21, 86Units 8-6 16

Personnel 1-8,84,4-10 6, 21, 86Plans :

Area 4-2 25Combined 5-4 42(Contingency 4-2,5-6,64 25,42Estimates of the Situation 5-2 41Joint 6-8 41Policy 4-5,5-1 28,41Preparation .6-6 42

Policies (See National Policy.)Political Advisor 8-2 1sPopulace and Resources Control 8-7,4-4,7-1 17, 27, 49Price Control and Rationing 8-7 17Principles 1-6 6Proclamations 2-2,6-1,6-2 9, 45, 46Procurement 4-18 38Property Control 8-7 17Psychological Warfare 5-6,7-1 42,49Public :

Communications 8-7 17Education 8-7 17Facilities 8-7 17Finance 8-7 17Health 8-7 17Law 8-7 17

Safety 8-7 17Transportation 8-7 17Welfare 8-7 17Works and Utilities 8-7 17

Rationing and Price Control 3-7 17Rear Area Security 4-7,5-6 32,42

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Refugees, Displaced Persons, and Evacuees

Paragraph

1-5,8-7,4-7

Page

6,17, .32Religious Affairs 8-7 17Retrograde Movement 7-1 49

Schools (See Public Education .)Staff Section (See Organization.)State, Department of 1-4,2-4, 8-1 4,11,13Status of Forces (See Agreements.)Supply (See Civilian Supply .)Support :

Area 8-6,4-2,4-7 16, 25, 82Command 8-6,4-2,4-7 16, 25, 32Operations 14,4 -2, 4-7,4-18 4, 25, 32, 88Objectives 1-5 6

SOLOS 8-5,3-9,6-6 16, 22, 48STANAG 8-5,3-9,6-5 16, 22, 48

Training 1-6,8-9 6,22Transportation (See Public Transportation .)Treaties (See Agreements.)

Unconventional Warfare (See Operations.)Units (See Organization.)Utilities (See Public Works and Utilities.)

War :General 2-4,4-2,4-7 11, 25, 82

Limited 4-2 25

80 AGO 6052A

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By Order of the Secretaries of the Army, the Navy, and the Air Force :

Official :KENNETH G. WICKHAM,Major General, United States Army,The Adjutant General .

Official :R. J. PUGHColonel, USAFDirector of Administrative Services

HAROLD K. JOHNSON,General, United States Army,Chief of Staff.

ROY S. BENSON,Rear Admiral, United States Navy,Assistant Vice Chief of Naval Operations/Director of Naval Administration.

J. P. McCONNELLGeneral, U.S. Air ForceChief of Staff

H. W. BUSE, Jr.,Lt. General, U.S. Marine CorpsDeputy Chief of Staff (Plans and Programs) .

Distribution :Army: To be distributed in accordance with DA Form 12-11 requirements for Civil Affairs

and Military Government.Navy: SNDL Part I, 21 (Fleet Commanders in Chief) ; Part II, F2 (COMTEN and FOUR-

TEEN only) (10 copies each) ; A3 (Chief of Naval Operations) (5 copies) .Air Force: F .Marine Corps : MARCORPS List: "A" plus 7000-32(l) ; 7000-30(2 11- 7000-34(3) .

*U .S . Government Printing Office : 1966-250577/6062A

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