The four Geneva Conventions and their Additional Protocols are international treaties that are at the core of international humanitarian law and attempt to limit the horrors of war. They contain the most important rules regulating the conduct of armed conflicts and seeks to specifically protect civilians, health and aid workers, as well as soldiers no longer participating in the hostilities, such as prisoners of war (PoW) and wounded personnel. The third convention entails specific rules protecting prisoners of war (PoWs) and defines who can be considered a prisoner of war and how the PoW must be treated.

The status of prisoners of war only applies in international armed conflict. POWs are usually members of the armed forces of one of the parties to a conflict who fall into the hands of the adverse party. POWs cannot be prosecuted for taking a direct part in hostilities.  Their detention is not a form of punishment, but only aims to prevent further participation in the conflict. They must be released and repatriated without delay after the end of hostilities. The detaining power may prosecute them for possible war crimes, but not for acts of violence that are lawful under International Humanitarian Law. Prisoners of war must be treated humanely in all circumstances. International Humanitarian Law also defines minimum conditions of detention covering such issues as accommodation, food, clothing, hygiene and medical care.

RIGHTS OF PRISONERS OF WAR

According to Article 13 in the third Geneva Convention, PoWs must be “humanely treated” at all times. “Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention,” it states, adding that PoW have to be protected against insults and public curiosity as well as acts of violence or intimidation. Apart from mandating adequate medical attention for PoWs and allowing them correspondence with their families, the Conventions also list out conditions for their internment – like hygienic surroundings where they are not exposed to the fire of the combat zone. “Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners’ representative,” adds Article 81.

As per Article 118 of Convention III, prisoners of war “shall be released and repatriated without delay after the cessation of active hostilities”. Furthermore, even if the countries at conflict are not able to reach an agreement toward cessation of hostilities, “each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle laid down”. Further the treaty includes the following fundamental POW rights:

• Prisoners of war are entitled to respect for their persons and honour. Women shall be treated with all consideration due to their sex.

• Differences of treatment between prisoners are permissible only if such differences are based on the military rank, the state of physical or mental health, the professional abilities, or the sex of those who benefit from them.

• Every prisoner of war is required to declare, if he is interrogated on the subject, his true names and rank, or his regimental number. If he infringes this rule, he exposes himself to a restriction of the privileges accorded to prisoners of his category.

• No pressure shall be exercised on prisoners to obtain information regarding the situation in their armed forces or their country. Prisoners who refuse to reply may not be threatened, insulted, or exposed to unpleasantness or disadvantages of any kind whatsoever.

The protection of prisoners of war is a fundamental pillar of international humanitarian law, the laws of armed conflict. The only legitimate objective of armed conflict is to weaken the military capacity of the adversary. Therefore, rather than permitting the cold-blooded execution of all captured enemy personnel, International humanitarian law guarantees their humane treatment for the entirety of their detention. Wars cannot be conducted on a “leave no survivors” basis. In international armed conflict, captured enemy combatants must be detained as prisoners of war and cannot be killed. Declaring that no quarter shall be given, or conducting operations on that basis, is prohibited under international humanitarian law and is a war crime. All persons detained in armed conflict deserve to be treated humanely, no matter their allegiance.

BY ARUSHI SRALECH