text: Chapter 8
  Evasion and Recovery
  Evasion is the process whereby people isolated in hostile or unfriendly territory avoid
  capture and return to areas under friendly control. Recovery is the return of such
  evaders to friendly control, either with or without aid, as the result of plans,
  operations, and individual actions by recovery planners, conventional or
  unconventional forces, and sometimes the evaders themselves. Evasion is considered
  the highest form of resistance. Both E&R are integral to military operations
  (Appendix K).
  FUNDAMENTALS
  8-1. Conduct of E&R operations requires Soldiers understand each kind of operation and the laws that
  govern them. Soldiers participating in an evasion operation are classified as one of the following:
  EVADER
  8-2. An evader is considered a lawful combatant for the duration of the evasion, since evasion is an
  extension of combat and a refusal to capitulate to the enemy. Evaders are obliged by the Code of Conduct
  to do all they can to avoid capture and rejoin friendly forces. If needed, they may commit acts of violence
  against legitimate military targets, without being prosecuted by the enemy for violating local criminal laws.
  Code of Conduct. 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.
  ESCAPEE
  8-3. An escapee is someone who has escaped from a confinement facility. Escapees are
  noncombatants, no longer able to commit hostile acts, who may be charged under the laws of the detaining
  power for certain acts committed against its military or civilian population during escape or avoidance of
  recapture. Such an escapee may carry no arms of any kind, nor may he try to arm himself. If he commits
  any crime(s) of no specific military significance, he may be tried and punished for war crimes, not only by
  the detaining country, but also by his own. The Code of Conduct and Law of Land Warfare both list the
  responsibilities of the evader and escapee in an evasion. However, under Geneva Convention Articles
  91-94, Geneva Convention Relative to the Treatment of Prisoners of War, POWs have a national obligation
  to escape and rejoin their own forces. Those apprehended during or after an attempted escape are subject to
  disciplinary punishment only. This assumes that any offences they may have committed were for the sole
  purpose of escaping, and that the offences entail no violence against life or limb, or the goal of
  self-enrichment.
  DETENTION OF EVADERS BY NEUTRAL COUNTRIES
  8-4. The evader who crosses into a neutral country is subject to detention by that country for the
  duration of the war. A neutral country that receives escapees may leave them at liberty. If it allows them to
  remain in its territory it may assign them a place of residence. The neutral country is also authorized to
  confiscate all equipment of the evader/escapee.
  TIMES TO INITIATE E&R
  8-5. These include—
  • On order of commander.
  • When considered "isolated personnel" by individual unit standards or SOP.