To: LindyBill who wrote (45389 ) 5/19/2004 7:36:55 AM From: unclewest Read Replies (1) | Respond to of 793896 Yes, I know Major Mark (zippo) Smith. He has not gone native. Mark is a key leader in the POW and remains recovery unit. As Captains, we attended the one year Infantry officer advanced course together in 1973. Severely wounded dozens of times, Mark was captured during the battle of Loch Ninh. He has at least 3 purple hearts, bronze star, and a Distinguished Service Cross. He limps with a leg prosthesis and is one helluva man. In battle Mark continued to fight until out of ammo and too severely wounded to stand up. Mark has worked for the POW and remains recovery unit for many many years. Mark has been head to head with Kerry a number of times over POW/MIA issues and Kerry's lack of support for recovery. We have exchanged e-mails during the recent Montagnard refugee resettlement. We met again during the 1986 resettlement. We are talking about a real hero here. When Mark's men found out he received a DSC they mounted an independent effort (without telling him) to get it upgraded to the MOH. As a recognized expert on POW, MIA and the Geneva Convention, Mark does bring up a very valid point. One that we looked at some time ago regarding detention at Gitmo and elsewhere. To be eligible for protection under the Geneva accords, you must be a member of an organized and recognized armed force and be wearing a clearly recognizable uniform. If you do not meet this requirement, under the rules, it is widely accepted you can be shot as a spy. Detention is an easier way out. Persons detained under these rules are handled differently than US Citizens. The following is part of the “Law of Land Warfare” that pertains to the detainees not ruled to be POWs. US Army Field Manual (FM) 27-10 is the bible for this subject. It states... "a. Domestic and Occupied Territory. Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State. Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention. "