1. Purpose. The purpose of this directive is to establish policies, responsibilities, and procedures in connection with inspections of detainee/ Prisoner of War (PW) facilities in the Republic of Vietnam (RVN) by the International Committee of the Red Cross (ICRC).

2. Applicability. This directive is applicable to all commands responsible for US Forces operated detainee/PW facilities and Army advisory groups responsible for advising facilities at which detainee/PW's may be temporarily or permanently detained.

3. Definitions.

a. Detainees. Definitions applicable to detainees are set forth in Annex A, MACV Directive 381-46.

b. Prisoners of War. Definitions applicable to PW's are set forth in Annex A, MACV Directive 381-46.

4. Policy.

a. All personnel detained will be extended the full protection of the Geneva Conventions of 12 August 1949.

b. The Saigon delegation of the ICRC is recognized as the authority on the Geneva Conventions and is authorized to inspect all detainee/PW facilities in the RVN.

c. Violations of the Geneva Conventions are considered serious breaches of international law and every effort will be made by commanders and advisors to insure full compliance.

5. Responsibilities.

a. The ACofS, J-1, MACV, will:

(1) Coordinate the inspection program to include liaison with the ICRC, J1/JGS, RVNAF, and FWMAF.

(2) Escort ICRC delegation to PW facilities throughout the RVN.

(3) Advise the Provost Marshal General (PMG), RVNAF, on compliance with the Geneva Conventions at RVNAF facilities.

(4) Monitor the ICRC visit reporting system.

b. The ACofS, J-3, MACV, will provide air transportation for ICRC .visits to PW facilities.

c. The Staff Judge Advocate, MACV, will provide legal guidance concerning the applicability of the Geneva Conventions.

d. CG, USARV; CG, III MAF; and COMNAFORV, will establish necessary procedures at all US forces operated detainee/PW facilities within their jurisdiction to insure that:

(1) Proper escort of ICRC delegates is provided.

(2) Adequate copies of the Geneva Conventions are available to detainees/PW's.

(3) The Geneva Conventions are complied with.

(4) Interrogation of all detainees/PW's is conducted within the observation of a military policeman (or suitable third party if no military policeman is available).

6. Procedures.

a. Upon receipt of proposed itinerary of the ICRC delegation, the ACofS, J-1, MACV, will:

(1) Obtain transportation from Chief, Army Aviation Support Branch, J-3, MACV.

(2) Appoint an escort officer to accompany the delegation.

b. If the inspection concerns a US facility, the ACofS, J-1, MACV, will notify the component command concerned and request the command to:

(1) Arrange for local transportation, meals, and billets as required.

(2) Appoint an escort officer to accompany the delegation.

c. If the inspection concerns an RVNAF facility, upon request of J1/JGS, the ACofS, J-1, MACV, will request the deputy senior advisor of the visited CTZ to arrange for local transportation, meals, and billeting as required.

d. If the inspection concerns a FWMAF facility, the ACofS, J-1, MACV, will conduct liaison with the respective FWMAF headquarters to arrange for local transportation, meals, and billeting as required.

7. Reports. Reports submitted in accordance with this directive use Report Control Symbol MACJ1-62. (RCS: MACJ1-62.)

a. US Facilities. The component command escort officer will record discrepancies noted by the ICRC on Part I of MACV Form 453 (see Annex A), and forwarded the form to the subordinate command responsible for the facility. The responsible commander will insure that the PW facility commander records corrective action taken on Part II of the form and forwards it to the component command commander. The component com-

mand commander will record any additional corrective action taken at his level and forward the form, together with the ICRC prepared report, to this headquarters, ATTN: MACJ15, for transmission to CINCPAC with information copies to AMEMB, CINCUSARPAC, DA, JCS, and SECSTATE.

b. RVNAF Facilities. The MACV escort officer will record discrepancies noted by the ICRC on Part I of MACV Form 453, and forward the form to the appropriate CTZ Senior Advisor (SA). CTZ SA will insure that the PW camp advisor records corrective action taken, as reported to the advisor by his counterpart, in Part II of the MACV Form 453, and forward the form to this headquarters, ATTN: MACJ15. The ACofS, J-1, MACV, will record any additional corrective action taken, as reported to the SA PMG/RVNAF by the PMG/RVMAF, in Part III of MACV Form 453 and forward the completed form, together with the ICRC prepared report (if available), to addressees indicated in paragraph 7a.

c. FWMAF Facilities. The MACV escort officer will record discrepancies noted by the ICRC on Part I of MACV Form 453. Then, using any information obtained through follow-on liaison with the FWMAF headquarters concerned, the MACV escort officer will complete Parts II and III of the form. The MACV Form 453 will then be forwarded by the ACofS, J-1, MACV, together with the ICRC prepared report (if available), to addressees indicated in paragraph 7a.

8. References

a. DA Pamphlet 27-1.

b. FM 22-10.

c. MACV Directive 381-11.

d. MACV Directive 190-3.

e. MACV Directive 20-4.

FOR THE COMMANDER: