29). As the regulation of internal affairs is basically the prerogative of the sovereign State, the decision taken in 1949 to include Article 3 in the four Geneva Conventions was a great event. Such tribunals must always offer guarantees of judicial independence and impartiality and protect the means and rights of defense. Loss of protection. The parties to the conflict commit to setting up information bureaus that will gather information and organize relief actions relating to prisoners of war (GCIII Arts. It enjoins the parties to a conflict to respect and to preserve the lives and dignity of captured enemy soldiers or of civilians who are in their power. Murphy, Ray. Civilians who take direct part in the hostilities and for such time as they take a direct part in hostilities are not afforded the protection humanitarian law normally grants to civilians (API Art. Dr Hans-Peter Gasser, former Senior Legal Adviser at the International Committee of the Red Cross, is Editor-in-Chief of the International Revue of the Red Cross. IHL has also protected certain rights of combatants if they qualify for the status of prisoners of war (POWs) which must be enforced by the concerned authorities. Those whose diseases or wounds warrant a direct repatriation are: To address the needs of direct repatriation or hospitalization in a neutral State, the parties to a conflict must set up Mixed Medical Commissions from the beginning of the conflict, which examine the state of the wounded and sick (Annex I of the Third Geneva Convention, relating to Art. Prisoners of war who refuse to answer when questioned may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind. From Henry Dunant to present-day international humanitarian law, A look at the substance of the law: humanitarian limits on warfare. This status takes into account the fact that combatants have a legitimate right to use violence, until they are captured. These foreign volunteers should be granted prisoner-of-war status and have access to a tribunal to decide on their status, regardless of their nationality. A combatant who falls into the hands of an adverse party to a conflict in the course of an international armed conflict is a prisoner of war. . In the same way, parties to armed conflicts have to allow relief operations in favour of those in need, be they detainees, especially vulnerable groups of civilians or the general population, including in occupied territories. There are four c… Treatment due to prisoners of war is spelled out in detail in the Third Geneva Convention. Such complexity should not, however, make us forget that the gist of humanitarian law can be summarized in a few fundamental principles: 1. Humanitarian law creates a framework that sets up procedural guarantees used when deciding whether a person should qualify as a civilian or a combatant, and whether he or she should enjoy the status of prisoner of war. 4.B). Prisoner of war camps must be clearly marked by the letters. Decolonization had more than doubled the number of States and, with new types of conflict (wars of national liberation), some new priorities for humanitarian law had emerged. Therefore, both combatants and civilians directly taking part in a conflict may claim prisoner-of-war status and the protection attached to it. History of International Humanitarian Law International humanitarian law is founded on the principles of humanity, impartiality and neutrality. . International humanitarian law (IHL) also protects other persons deprived of liberty as a result of armed conflict. As such, Protecting Powers have to ensure that the belligerents fulfil their humanitarian obligations. Additional Protocol II of 1977 supplements Article 3 common to the Geneva Conventions with a number of more specific provisions. The detaining power is bound to provide prisoners of war, free of charge, with the necessary maintenance and medical attention required by their state of health (GCIII Art. Starting from the tragic experience gained in that conflict, they greatly improve the legal protection of war victims, in particular of civilians in the power of the enemy. In other situations, where the delegates have no such general right of access, the ICRC may " offer its services to the parties to a conflict " . 45.1).In such situations, protection of an individual is strengthened; according to Additional Protocol I, where the detained person claims such status, a competent tribunal decides, and the procedures may be controlled, in particular by the ICRC. Yet the International Committee's mandate is international, and the whole world is its field of action. Every camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the detaining power. This protection rests on the Convention’s reaffirmation of certain rights and obligations, as well as on the mechanism of supervision embodied in the mandate of the protecting power. Prisoners are also allowed to receive individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies, and articles of a religious, educational, or recreational character, under the ICRC’s supervision. Article 1 of the four Geneva Conventions and Protocol I suggests such an interpretation: " The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances " . The substantive rules of humanitarian law governing non-international armed conflicts are much simpler than their counterparts governing international conflicts. They shall be protected against all acts of violence, in particular against torture. Prisoner-of-war status entails certain fundamental guarantees in the case of disciplinary and penal sanctions. Women must be treated with due regard to their specific needs and must benefit from treatment as favorable as that granted to men (GCIII Art. The goal is to ensure that individuals are not denied this status if an authority chooses an excessively restrictive interpretation of the Third Geneva Convention definition. the armed forces have to respect humanitarian law in their dealings with the enemy (and not in the relations with their own nationals). One may even go a step further and argue that States have an obligation to work for respect for those treaties by the parties to a given armed conflict. the creation of the Red Cross, with the International Committee of the Red Cross (ICRC) as its first institution established in 1863 in Geneva. Additional Protocol I made this point clear. Prisoner-of-war status also prevents prisoners from being prosecuted and sentenced solely for having taken part in a conflict. This holds particularly true for the obligation to make grave breaches of international humanitarian law (commonly called " war crimes " ) crimes under domestic law. Whether military or civilian, they are considered non-combatants and may not be attacked and not be taken as prisoners of war by parties to a conflict. Protocol I deals exclusively with international armed conflicts. Usually they apply " across the front line " , i.e. A Protecting Power is a State which safeguards the interests of one party in its relations with the other party to the conflict. ▸ Death penalty; ▸ Judicial guarantees ▸ Occupied territory. The Fourth Convention states inter alia the rights and duties of an occupying power, i.e. Sexual violence against detainees is a persistent issue in both international and non-international … The four 1949 Geneva Conventions seek to protect those who do not, or no longer actively participate in hostilities, namely wounded and sick members of armed forces in land warfare, sick, wounded and shipwrecked members of armed forces at sea, prisoners … 46). Prisoners of war must be given sufficient food and drinking water and the necessary clothing and medical attention (GCIII Arts. Moreover, in its approach to governments, the ICRC chooses the course of confidential diplomacy, an approach which incidentally enables its delegates in their contacts with belligerents to use words as tough and clear as circumstances require. You can disable the usage of cookies by changing the settings of your browser. For the first time in history a permanent international court has jurisdiction over crimes committed not only in the course of international armed conflicts but also during non-international armed conflicts. Prisoners’ relations with the exterior are regulated by Articles 69 to 77. 37. Burundi’s Regulations on International Humanitarian Law (2007) states: If captured, a combatant must have the status of prisoner of war. Rules which are not understood by or remain unknown to those who have to respect them will not have much effect. Wounded or sick prisoners of war who have certain serious injuries or diseases are entitled to special measures of protection under humanitarian law. —Even if convicted, prisoners of war continue to be protected by the provisions of the Convention (prisoners of war may never be deprived of the protection derived from Arts. A person who takes part in hostilities and falls into the power of an adverse party shall be presumed to be a prisoner of war. protection of military victims of warfare, the protection of the civilian population against direct effects of hostilities, Protocols additional to the Geneva Conventions, Instructions to and training of the armed forces, Prosecution of persons who have committed grave breaches of international humanitarian law, International Committee of the Red Cross (ICRC). Therefore, the category of “unlawful combatants” used to prevent some combatants from enjoying the status or the protection to afforded prisoners has no legal basis in humanitarian law since the 1977 Additional Protocols. 45.1–3). The lessons of Coventry, Dresden, Stalingrad or Tokyo were still to be drawn. Therefore, the Geneva Conventions insist that combatants are obliged to distinguish themselves from the civilian population and must carry their arms openly. The various treaties that make up what is known as " Geneva law " deal extensively with the fate of persons who have ceased to fight or have fallen into the power of the adversary. . The extended definition of armed forces and combatant includes: According to the 1977 Additional Protocol I, the status of prisoner of war is linked with the objective criteria based on direct participation in the conflict, rather that legal criteria based on the formal belonging to armed forces. The questioning of prisoners of war shall be carried out in a language they understand (GCIII Art. 5. Accepted as they are by the whole community of nations, they have become truly universal law. Its rules are the result of a delicate balance between the exigencies of warfare ( " military necessity " ) on the one hand and the laws of humanity on the other. Premises of internment must provide every guarantee of hygiene and healthfulness and take into account the climate in the area (GCIII Art. All prisoners of war are … ▸. Both mercenaries and spies must be treated humanely and are entitled at least to the fundamental guarantees. 4. . “Prisoners of War and Contemporary Conflicts: The Case of the Taliban and Al Qaeda Detainees.” Military Law and the Law of War Review (2002): 141–67. Each and every one of us can do something to promote greater understanding of its main goals and fundamental principles, thereby paving the way for better respect for them. Its provisions are formulated in such a wa y as to take into account the special circumstances of warfare. It applies only if the insurgent party controls part of the national territory. —Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that [they] fulfill the following conditions: —Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power. OSWALD Bruce, “The Detention of Civilians in Military Operations: Reasons for and Challenges to Developing a Special Law of Detention”, in Melbourne University Law Review, Vol. The following categories of persons are prisoners of war: members of the armed forces of a party to the … The premises must be entirely protected from dampness and adequately heated and lighted (GCIII Art. Geneva: Henry Dunand Institute, 1988. It can also be partially applied by way of Special Agreement in situations that do not amount to an international armed conflict. As explained in the ICRC Commentary on the Geneva Conventions: “nobody in enemy hands can be outside the law.”. While their essential meaning can be summarized as "Don't shoot" or "Don't attack", the exact conditions implied vary depending on the respective sign … Some wrongly claim that where armed groups have violated humanitarian law, they may be deprived of combatant or prisoner-of-war status. Broadly speaking, IHL distinguishes between combatants who are deprived of their liberty in international armed conflicts, and benefit from prisoner of war status under the third Geneva Convention. That document reflected growing international concern about an important aspect of the internal affairs of States. 30 and 31). However, Additional Protocol II includes clauses that aim to protect detained persons or persons deprived of their liberty in relation to the conflict, prohibit ill-treatment, and set out fundamental guarantees and judicial guarantees granted to such persons, regardless of whether they have taken part in hostilities. This is a long-standing rule of customary international humanitarian law. The said conditions must in no case be prejudicial to their health. They shall, however, receive as a minimum the benefits and protection of the Third Convention and shall be given all facilities necessary to carry out their work (GCIII Art. In this article we shall not examine the first of Dunant's proposals, i.e. In contrast, a combatant in search of information, who acts under false pretences or in a deliberately clandestine way, must be considered a spy if captured. Certain prisoners of war accommodated in a neutral country can be directly repatriated following their treatment, under an agreement between the powers concerned, if: —their state of health has deteriorated so as to fulfill the conditions laid down for direct repatriation; —their mental or physical powers remain considerably impaired, even after treatment. - Prosecution of persons who have committed grave breaches of international humanitarian law : Such persons must be prosecuted by any State party under whose authority they find themselves. In that year, the Powers which adopted the Geneva Convention relative to the Treatment of Prisoners of War2 sought to take into account a new phenomenon: the participation of a relatively large number of women in the war of … Articles 82 to 108 enumerate the penal and disciplinary sanctions: Prisoners of war who are seriously wounded or suffer from specified diseases must be repatriated directly back to their own country or to a hospital in a neutral State (Arts. » Albert Camus. Children, even if they are combatants, remain protected by the special provisions foreseen for them by humanitarian law, whether or not they are prisoners of war (API Art. 118, 119). The status of prisoners of war is set out in detail throughout the 143 articles of the Third Geneva Convention, which regulates the protection of combatants fallen into the hands of the adverse power and the conditions of their detention. 5, API Art. Thus, the civilian population must be immune from military attacks. « Calling things by the wrong name adds to the affliction of the world. 43). Hingorani, R. C. Prisoners of War. A mere glance at the newspapers or a world map reveals, however, that conflicts between States are today the exception rather than the rule. 524-553. - The Charter's prohibition of the use of force does not encompass internal armed conflicts (or civil wars). These are the set of 4 treaties & 3 additional protocols thatestablish the standards of International law for humanitarian treatment in war… Medical personnel during an armed conflict carry out humanitarian work and are "protected persons" under international humanitarian law. This means that the detaining power must prove before a competent tribunal that an individual may not benefit from this status. The rules regulating the internment and detention of combatants during international armed conflicts are covered under the precise and detailed rules of humanitarian law concerning the treatment of prisoners of war … Abstract: The Geneva Conventionsdefine the basic rights of wartime prisoners,establishedprotections for the wounded and sick, and established protections for the civilians inand around awar-zone. However, this does not impact the prisoner-of-war status of those who have taken part in hostilities. 44.4). prisoners of war, and civilians, as well as medical personnel, military chaplains and civilian support workers of the military. Prisoner of war status is closely tied to the definition of combatants and hence to the status of members of the armed forces. They are derived from one main source, namely Article 3 common to the four Geneva Conventions of 1949, which enjoins the parties to an internal conflict to respect some basic principles of humanitarian behaviour already mentioned above. The specific category of protected persons is one that one applies in situations of international armed conflict, and applies to situations when the person is under the authority of the warring state. Such evacuation must be carried out humanely and in conditions similar to those for the forces of the detaining power in their changes of station. Therefore, such obligation does not include the duty to wear uniform and distinct insignias; it may be enough to openly carry arms when engaged in a military operation. Should any doubt arise as to whether any such person is entitled to prisoner-of-war status, he shall continue to have such status and, therefore, to be protected by the Third Convention and Additional Protocol I until such time as his status has been determined by a competent tribunal (API Art. Persons not granted combatant or prisoner-of-war status will be treated as civilians. Humanitarian law does the same in times of armed conflict. A prisoner may be prosecuted for violations of humanitarian law while maintaining his or her rights as a prisoner of war, including judicial guarantees. Humanitarian law has become a complex set of rules dealing with a great variety of issues. Both humanitarian law and human rights are designed to restrict the power of State authorities, with a view to safeguarding the fundamental rights of the individual. No, the term” prisoner of war” is conferred to enemy soldiers captured in international armed conflicts only under the Third Geneva Convention. In the same way, misuse of the red cross or the red crescent distinctive emblem must be prosecuted under domestic law. Prisoners of war must be released and repatriated without delay after the cessation of active hostilities (GCIII Arts. Medical inspections of prisoners of war are to be held at least once a month. Human rights treaties (supported by customary law) achieve this objective in a comprehensive way insofar as they cover almost all aspects of life. They provide supplementary rights for persons who do not, or no longer, participate in the hostilities in international and non-international armed conflicts, whatever is the status of those individuals. 45.2). It provides the same rights for all individuals and whatever the circumstances are. The rules protecting prisoners … Doctors without borders - All rights reserved, Situations and persons not expressly covered by humanitarian law, The Third Geneva Convention of 1949 specifically regulates the treatment of prisoners of war, the definition of which is derived from the definition of combatant (GCI–III). In the century and a half that followed the body of international humanitarian law grew. 13). Civilians who participate in the hostilities also benefit from guarantees of treatment in international and non-international armed conflicts (GCIV). Prisoners of war . This is generally the case in non-international armed conflicts. Its scope of action is also much broader than the tasks of a Protecting Power. The right of parties to an armed conflict to choose methods or means of warfare is not unlimited. Let us now examine international humanitarian law as it stands today, with a brief glance at its history and its development. The distinction between civilians and combatants is the core element of the protection granted to civilians under humanitarian law. The core of international humanitarian law rules can be found in the four 1949 Geneva Conventions and their two 1977 Additional Protocols. They were adopted on 8 June 1977 and, since that date, they have been open for ratification or accession by all States party to the 1949 Geneva Conventions. 130). Conversely, human rights law covers several domains which are outside the scope of humanitarian law (e.g. Their aim is not primarily to state the law and to redress a wrong but rather to convince the wrongdoer to change his behaviour and thus to prevent further violations, for the benefit of all persons affected by the conflict. The Third Geneva Convention defines the categories of persons who are entitled to prisoners of war status: —Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. 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 considered a serious breach of humanitarian law (GCIII Art. However, in certain situations—namely, in non-international armed conflicts—the benefits of reciprocity are not always sufficient to prevent ill treatment. International Committee of the Red Cross 19, avenue de la Paix 1202 Geneva, Switzerland T +41 22 734 60 01 F +41 22 733 20 57 … Under Protocol I of 8 June 1977, wars of national liberation must also be treated as conflicts of an international character. 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