(2 of 2)
Even that formula leaves a large group of potential captives unaccounted for. By previous rules of war, terrorists were regarded as the exception; in Viet Nam, they are the rule, waging a widespread, vicious campaign against a civilian population. Thus they unquestionably forfeit P.W. status if captured. But what, short of an Instant firing line, is to be their fate? The U.S. has decided that to be certified as a terrorist, a suspect must appear before an officer's tribunal (including one military lawyer). Then and only then can he be handed over to the South Vietnamese for civilian criminal trial. South Vietnamese government orders parallel U.S. policy and specifically forbids summary punishment. These can be followed to the letter after a light battle, but often fall by the wayside after a fierce one.
Still, captives are increasingly treated by the book rather than the bullet. Before channeling P.W.s to generally well-managed camps at Bien Hoa, Pleiku, Danang or Can Tho, knowledgeable U.S. and Vietnamese interpreters try to weed out terrorists for criminal trial.
In addition, the South Vietnamese government is forming a military commission to handle the classification of prisoners and a military court to hear national-security cases.