17.3 The Code of Conduct
Key Takeaways
- President Dwight D. Eisenhower first published the Code of Conduct on 17 August 1955; President Ronald W. Reagan amended it with gender-neutral language in March 1988.
- The Code of Conduct has six articles and is a moral code — violations are not criminally punishable per se, though actions that also violate the UCMJ may subject members to disciplinary action.
- Article V requires a prisoner of war, when questioned, to give name, rank, service number, and date of birth.
- Code of Conduct training has three levels: Level A at entry, Level B for moderate risk of capture, and Level C for significant or high risk of capture.
- Surrender is the willful act of giving oneself up to the enemy; capture occurs when there is no means to resist, evasion is impossible, and further fighting would be futile — and capture is not dishonorable.
What the Code Is
"The Code of Conduct is a moral code designed to provide U.S. military personnel with a standard of conduct that all members are expected to measure up to." Its six articles address situations any member could encounter, and it includes basic information useful to prisoners of war to help them survive honorably while resisting captors' efforts to exploit them. It is also applicable to service members subject to other hostile detention, such as hostage scenarios.
The legal status is a reliable item: "Violations of the Code of Conduct are not criminally punishable per se, but actions that also violate the Uniform Code of Military Justice (UCMJ) may subject members to disciplinary action." The Code is moral; the UCMJ is legal.
History. President Dwight D. Eisenhower first published the Code of Conduct on 17 August 1955. In March 1988, President Ronald W. Reagan amended the code with gender-neutral language. Both presidents, both dates.
The Three Training Levels
The level of knowledge members need depends on how likely they are to be captured, their exposure to sensitive information, and how useful or valuable a captor considers them to be.
| Level | Audience | When conducted |
|---|---|---|
| Level A — Entry Level Training | The minimum level of understanding needed for all members of the U.S. Armed Forces | During entry training |
| Level B — Training After Assumption of Duty Eligibility | An enhanced version of Level A; the minimum for members whose jobs entail moderate risk of capture, such as members of ground combat units | As soon as their assumption of duty makes them eligible |
| Level C — Training Upon Assumption of Duties or Responsibilities | An enhanced version of Levels A and B; for members whose jobs entail significant or high risk of capture and whose position, rank, or seniority makes them vulnerable to greater-than-average exploitation. Examples: aircrews and special mission forces such as pararescue teams | Upon assumption of the duties or responsibilities that make them eligible |
Moderate risk = Level B; significant or high risk = Level C, and the named examples (ground combat units versus aircrews and pararescue) are the discriminators.
The Six Articles
ARTICLE I — I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.
ARTICLE II — I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist.
ARTICLE III — If I am captured, I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.
ARTICLE IV — If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.
ARTICLE V — When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.
ARTICLE VI — I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.
What Each Article Means
| Article | Key explanatory points from AFH 1 |
|---|---|
| I | Applies to all members at all times. A duty to support U.S. interests and oppose U.S. enemies regardless of circumstances, whether in active combat or captivity. Honorable survival requires a high degree of dedication and motivation, knowledge of and strong belief in American democratic institutions, and faith in, and loyalty to, fellow prisoners of war |
| II | Members may never surrender voluntarily. Even when isolated, their duty is to evade capture and rejoin the nearest friendly force. Surrender is the willful act of giving oneself up; capture occurs when a member has no means to resist, evasion is impossible, and further fighting would lead to death with no significant loss to the enemy. "Capture dictated by overwhelming enemy strength and the futility of fighting is not dishonorable" |
| III | The duty to resist is not lessened by the misfortune of capture. Enemies have treated the prisoner of war compound as an extension of the battlefield, using physical and mental harassment, general mistreatment, torture, medical neglect, and political indoctrination. A prisoner must not seek special privileges or accept special favors at the expense of fellow prisoners, and should not sign or enter into a parole agreement — promises to the captor to fulfill stated conditions, such as not to bear arms, in exchange for special privileges. Escape must be attempted under the guidance and supervision of the senior military person, considering the welfare of prisoners who remain behind |
| IV | Officers and enlisted members continue to carry out their responsibilities and exercise authority in captivity. Informing, or any other action detrimental to a fellow prisoner, is despicable and expressly forbidden. Prisoners must organize in a military manner under the senior military prisoner of war, regardless of military service; if that person is incapacitated, the next senior assumes command. Personal hygiene, camp sanitation, and care of the sick and wounded are imperative. A prisoner who voluntarily informs or collaborates is a traitor and after repatriation is subject to punishment under the UCMJ |
| V | The four items are required by the Geneva Conventions and permitted by the UCMJ. "It is unrealistic to expect a prisoner of war to remain confined for years reciting only name, rank, service number, and date of birth." A prisoner is allowed but not required to fill out a Geneva Conventions capture card, write letters home, and communicate on matters of health and welfare. Prisoners must resist confessions, questionnaires, personal history statements, propaganda recordings, broadcast appeals, appeals for U.S. surrender or parole, and self-criticism. Members may avoid disclosure by claiming inability because of previous orders, poor memory, ignorance, or lack of comprehension |
| VI | A member remains responsible for personal actions at all times. On repatriation, actions are subject to review, including circumstances of capture and conduct during detention, to recognize meritorious performance and, if necessary, investigate allegations of misconduct. Members should understand the difference between the Code of Conduct as a moral code and the UCMJ as a legal code, and that the U.S. Government will use every available means to establish contact with prisoners, support them, and obtain their release |
The single most important nuance in Article V is that reciting only the four items indefinitely is not what the Code expects. Certain conversation is permitted; the standard is resisting statements that further the enemy's cause and providing the enemy with as little information as possible. AFH 1 also acknowledges realistically that "short of death, it is unlikely that a prisoner of war will prevent a skilled enemy interrogator... from obtaining some degree of compliance" — but "the prisoner of war must recover as quickly as possible and resist successive efforts to the utmost."
The senior-prisoner rule in Article IV is tested repeatedly: organization is under the senior military prisoner of war regardless of military service, and the senior prisoner is required to represent prisoners in matters of camp administration, health, welfare, and grievances.
A UCMJ note attached to Article II: a commander who shamefully surrenders any command or place it is their duty to defend is subject to punishment, as is any person who compels or attempts to compel a commander to give up a place, vessel, aircraft, or body of members to the enemy, or who strikes the colors or flag without proper authority.
Detention in Operations Other Than War
"Basic protections available to prisoners of war under the Geneva Conventions may not be adhered to during operations other than war; thus, personnel detained may be subject to the domestic criminal laws of the detaining nation." In these situations the Code is a moral guide to help members uphold DoD policy and survive with honor.
Military bearing and courtesy applies regardless of the type of detention or captivity, or brutality of treatment. Members should remain calm and courteous and project personal dignity, particularly during capture and the early stages of internment when captors may be uncertain of their control. "Discourteous, nonmilitary behavior seldom serves long-term interests... and often results in unnecessary punishment that serves no useful purpose."
Detention by an Unfriendly Government
| Guidance | Detail |
|---|---|
| Legal status | Detainees are subject to the laws of that government |
| Immediate request | Ask immediately and continually to see United States embassy personnel or a representative of an allied or neutral government |
| What to provide | Name, rank, service number, date of birth, and the innocent circumstances leading to detention. Limit further discussions to health and welfare matters, conditions of fellow detainees, and going home |
| Documents | Avoid signing documents or making statements; if forced, provide as little information as possible |
| Release | Do not refuse release unless doing so would compromise honor or cause damage to the U.S. Government or its allies |
| Escape | Not recommended by DoD policy except under life-threatening circumstances, because escape will likely constitute a violation of the unfriendly government's criminal law and may subject the escapee to increased criminal prosecution |
| Evasion | Members lost or isolated in an unfriendly country during operations other than war will not act as combatants during evasion attempts — there is no Geneva Conventions protection; the civil laws of that country apply |
The escape guidance is the reversal candidates miss. Article III directs prisoners of war to make every effort to escape — but in detention by an unfriendly government during operations other than war, escape is not recommended except under life-threatening circumstances.
Terrorist Hostage Situations
"Capture by terrorists is generally the least predictable and structured form of operations," ranging from a spontaneous kidnapping to a carefully planned hijacking. Hostages play an important role in determining their own fate because terrorists rarely expect to receive rewards for providing good treatment or releasing victims unharmed. Members should assume their captors are genuine terrorists when it is unclear if they are surrogates of a government.
DoD policy accepts and promotes efforts to establish rapport between hostages and terrorists — "to establish themselves as people in the terrorist's mind, rather than a stereotypical symbol of a country the terrorist may hate." Members should stay away from topics that could inflame terrorist sensibilities, such as their cause, politics, or religion, and should not argue, patronize, or debate issues with the captors. "Listening can be vitally important when survival is at stake."
During rescue attempts: take cover, remain stationary when practicable, and do not attempt to help rescuers. Hostages may experience rough handling from the rescuers until the rescuers separate the terrorists from the hostages.
"Do not attempt to help rescuers" is counterintuitive enough to be a favorite scenario item — the keyed answer is always take cover and stay still.
Who first published the Code of Conduct, and when was it amended with gender-neutral language?
How does AFH 1 distinguish surrender from capture under Article II?
An Airman is held hostage by a terrorist group and a rescue attempt begins. What does AFH 1 direct the hostage to do?