On 31 March 1999, Yugoslav forces captured three U.S. soldiers conducting a security patrol along the border between the FRY and the former Yugoslav Republic of Macedonia (FYROM). That took place one week after the first bombs were released in Operation Allied Force.
The initial statements by NATO, Pres. Clinton, SecDef Cohen and DoS's Jamie Ruben were confusing at best, and potentially dangerous to the welfare of the three soldiers at worst.
Ken Bacon from DoD cleared the air by declaring that the situation was ruled by the Laws of War (LOAC), and that the three soldiers were PWs under GC III. They were released about a month later via diplomatic efforts.
The CLAMO Lessons Learned from this incident is attached below as a pdf snip, Kosovo Lesson - PW.pdf.
The DoD has consistently taken the position that the Laws of War (LOAC) are the primary rules for all military operations, even for operations that involve no armed conflict. At that, they go beyond Jean Pictet. Clearly his opinion as to cross-border incidents has been accepted in US practice (e.g., Kosovo).
One must keep in mind that while DoD doctrine favors the Laws of War, the Standing Rules of Engagement (in their default "defense of self and others" configuration) are generally restrictive and parallel the US law enforcement rules (and Tennessee v Garner).
The Kosovo Border Incident
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