In the event that infants or very young children are present in PoW camps (for instance, because they were born there), they must be accommodated with their parents.114, Article 26 requires the Detaining Power to allow for basic daily food rations that are sufficient in quantity, quality and variety, as well as sufficient drinking water. All medical care must comply with the applicable standards of medical ethics, which include the duty to provide medical care impartially and without adverse distinction. Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts, where "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes" are to be considered international conflicts. The reference in Article 30 to isolating people with mental health conditions if necessary should be read in line with the other obligations of the Detaining Power, including the fundamental protections mentioned above.130 Equal treatment does not necessarily require identical treatment. 50, 54. 0000007626 00000 n Launch a Global Campaign Against Gender Apartheid in Afghanistan, Five Years After Unite the Right: Reflections on Charlottesville for Todays Threat Landscape, DHS IG Cuffaris Actions Exhibit Clear Pattern: Unwillingness or Inability to Meet the Mission, Expert Backgrounder: Criminal Statutes that Could Apply to Trumps Retention of Government Documents, Banning Content Platforms is Not a Solution to Hate Speech on the Internet, Even When the Platform is Meta, Bidens Weak Stand in Saudi Arabia Could Kick MBS Repression Machine Into Overdrive But Its Not Too Late to Act, Top Experts Raise Questions Regarding Legal Basis of Zawahiri Strike, Digest of Recent Articles on Just Security (July 23-29), The Tenth NPT Revcon: Whats at Stake for the Global Nuclear Order, The Biden Administrations Senseless Opposition to Congresss Effort to Prevent Abusive National Guard Deployments, Latest Atrocities Highlight the Importance of Early Warning, Tunisians, Fed Up With `Non-Delivering Democracy, Set to Vote on Retrograde Constitution: Civil Societys Role, Digest of Recent Articles on Just Security (July 16-22), Highlights from the Criminal Evidence Trackers Reports on Seven Hearings by the January 6th Committee, The Easiest Case for the Prosecution: Trumps Aiding and Abetting Unlawful Occupation of the Capitol, Anti-Coup Strategies Should Address Civilian Coup Allies, Putin Eyes Italys Political Crisis for Potential Benefits in Peeling Away Support for Ukraine, 8 Top Experts on Strength of Dominion Suing Trump for Defamation, If It Wants To, The January 6th Hearings: Criminal Evidence Tracker Seventh Edition, Timeline: False Alternate Slate of Electors Scheme, Donald Trump and His Close Associates, Digest of Recent Articles on Just Security (July 9-15), US Democracys Survival Requires a More Powerful Response to January 6th, From Talk to Action: Addressing the Appalling Womens Rights Crisis in Afghanistan, In Support of Sunsets: Easy Yes Votes on AUMF Reform, Litigation Tracker: Major Decisions Facing the Biden Administration, Litigation Tracker: Pending Criminal and Civil Cases Against Donald Trump, Introduction to Symposium: Still at War Where and Why the United States is Fighting the War on Terror, Introduction to Just Securitys Series on Executive Order 9066, 80 Years After Signing, Congress Can and Should Address the Threat from Unauthorized Paramilitary Activity, The Good Governance Papers: A January 2022 Report Card Update, Symposium Recap: Security, Privacy and Innovation Reshaping Law for the AI Era, Towards a New Treaty on Crimes Against Humanity: Next Steps, Introduction to Symposium: How Perpetual War Has Changed Us Reflections on the Anniversary of 9/11, New Just Security Series: Beyond the Myanmar Coup, New Just Security Series: Reflections on Afghanistan on the Eve of Withdrawal, Introducing a Symposium on the UN Global Counterterrorism Strategy, The Mndez Principles: Leadership to Transform Interrogation via Science, Law, and Ethics, Introduction to Just Securitys Series on Tulsa Race Massacre of 1921, Spotlight on Sri Lanka as UN Human Rights Council Prepares Next Session, Nestl & Cargill v. 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Jim Jordan, a Systematic Disinformation Campaign, and January 6, Mark Meadows Timeline: The Chief of Staff and Schemes to Overturn 2020 Election, The Official and Unofficial Timeline of Defense Department Actions on January 6, #StopTheSteal: Timeline of Social Media and Extremist Activities Leading to 1/6 Insurrection, Incitement Timeline: Year of Trumps Actions Leading to the Attack on the Capitol, Timeline of the Coronavirus Pandemic and U.S. As discussed above, in addition to setting out fundamental principles for the protection of PoWs, GC III elucidates express protections on many facets of the life of a PoW. }U'xmky?g~Gfha+"9.n+2iw+9#sYdI,B@|,j In 1977 two Additional Protocols were added, and a third was added in 2005. The second category of PoWs consists of members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict34 Geneva, 12 August 1949. The Commentarys treatment of questions involving POWs in multinational operations is necessarily brief. The ICRC can and has acted as a neutral intermediary in the return of bodies to the families of the deceased.107. ARTICLE 127. 0000003530 00000 n However, some provisions of the Convention presume the existence of membership in the armed forces and are silent as to their application in relation to the other categories of PoWs. startxref AP I goes further, requiring parties to conclude agreements as soon as circumstances permit to facilitate the return of the remains of the deceased and of personal effects to the home country.106 The role of the ICRC in this regard is important given the absence of Protecting Powers in most international armed conflicts since 1949.150, Prisoners representatives are PoWs who are elected by the other prisoners and are tasked with representing prisoners before military authorities, Protecting Powers, the ICRC and other organizations. <>stream xref When the Geneva Conventions were adopted, many areas of international law were still in their infancy, such as human rights law, international criminal law and refugee law, but they have grown significantly in the meantime. Inhuman or Degrading Treatment or Punishment, The This article highlights key points of interest covered in the updated Commentary on the Third Geneva Convention. While the phenomenon of prisoners of war, regulated by the Third Geneva Convention, is pertinent to international armed conflicts, it is important to remember that this Convention was the first treaty to formulate standards of treatment in internment. Oblivion, Select Reflecting the requirements of humanity, on the other hand, GC III provides a set of general protections for PoWs, setting standards below which the treatment afforded to and conditions enjoyed by such prisoners must not fall. UNHCR is not responsible for, nor does it necessarily endorse, its content. There are 196 state parties to the Convention. G^qf|.b?Wp*~d44V^e.aynumXc,~r)k hY+4\YeH{(59BB'5:GH.H00&OkOk@u For most PoWs, captivity will cease at the end of active hostilities. Other treaties are referred to on the understanding that they apply only to States which have ratified or acceded to them, and only if the conditions relating to their geographic, temporal and personal scope of application are fulfilled. They must be forwarded to the national information bureau as rapidly as possible, which today, generally means electronically.103 After the transfer, if the original Detaining Powers is notified of failure to do so, it must take effective measures to correct the situation or shall request the return of the prisoners of war. These obligations sensibly apply not just to transfers across international boundaries but also to transfers of POWs between co-belligerents operating on the territory of the same State. For example, certain provisions in relation to the use of PoW labour, such as the rate of payment, are framed around the rank of PoWs.50 The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. As a 2016 Norwegian government report recalled, in 2002, the Foreign Minister stated in the Storting [Parliament] that if the Norwegian special forces in OEF should, contrary to expectation, take prisoners, they would in practice have no other option than to hand them over to US forces (10.4.2). Violence Against Men in Armed Conflict, Mutilation ThisGCIII Commentary seriesis published in collaboration with theICRCs Humanitarian Law & Policy blogandEJIL: Talk. War between Eritrea and Ethiopia: An International Legal Several of these provisions expressly make the principle of assimilation subject to compliance with minimum standards that must be applied to all PoWs, irrespective of the standards or conditions applicable to members of the armed forces of the Detaining Power. By definition, such forces are commanded by a person responsible for their subordinates.38 This category concerns groups that are not incorporated into the armed forces but otherwise belong to a party to the conflict. and Article 85 of GC III makes it clear that PoWs keep their protected status if convicted for acts committed prior to capture.41 One of these challenges may seem elementary but is very real: how do you gain a quick understanding of Member State positions on various international law questions, especially when time is tight and evidence of State practice may be difficult to find, disparate or even non-existent? Applicable in Armed Conflicts, Institute for 0000106614 00000 n Perhaps more significantly, GCIII is still relevant because recent NIAC detention practices and standards, such as the 2012 Copenhagen Process Principles and Guidelines, have ended up importing many requirements from IAC law. endobj 0000076315 00000 n Any unlawful act or The circumstances in which the conditions for a leve en masse apply are limited. As the Commentary points out, there can only be one Detaining Power at a time. The Third Geneva Convention contains 143 articles which provide an incredible wealth of detail and protection for prisoners of war. right to life in armed conflict: does international humanitarian law Touch device users, explore by touch or with swipe gestures. endobj Security detention is a common practice in all armed conflicts. health of a prisoner of war in its custody is prohibited and will be regarded as Digest of Recent Articles on Just Security (Aug. 27-Sept. 2), Amid Devastating Floods, Pakistans Leaders Must Learn from the Past to Avoid Future Mistakes, Strategic Ambiguity Isnt Working to Deter China on Taiwan It Will Invade Anyway. to Life and Person, in Particular Murder of All Kinds, Mutilation, Cruel PoWs may not be compelled to wear the uniform of their enemies or other clothing that may negatively impact their sense of allegiance or honour.126, Every PoW camp must have its own infirmary to tend to the health-care needs of prisoners. Treaties, States Parties and Commentaries. Jean-Marie Henckaerts, who heads the commentaries project, explains more below. Prisoners of war (PoWs) are not to be punished for their mere participation in hostilities; their detention is not a punishment but an act to prevent their further participation in hostilities. Wounded, sick and shipwrecked persons covered by GC I or GC II who fall into the power of the enemy are simultaneously protected by GC III as well as GC I or CG II.28, The first of the six categories is members of the armed forces. Commentary on the Third Geneva Convention : Convention (III) Relative to the Treatment of Prisoners of War, Hardcover by International Committee of the Red Cross (COR), ISBN 1108838987, ISBN-13 9781108838986, Like New Used, Free P&P in the UK International Armed Conflicts, International The 2020 ICRC commentary on the Third Convention ( para.1005) sets out the following two elements: 1) "the group must in fact fight on behalf of that Party" and 2) "that Party must accept both the fighting role of the group and the fact that the fighting is done on its behalf." An important innovation in GC III was to provide a mechanism to address these situations. These fundamental protections serve as a foundation for the more prescriptive articles, which provide that PoWs must at all times be treated humanely, with respect for their person and their honour, and treated equally, without discrimination.6 ARTICLE 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following Likewise, the UK Ministry of Defenses 2020 Joint Doctrine Publication 1-10: Captured Persons mandates planning for coordination with coalition partners on agreements between troop contributing countries on the handover of captured persons. In the event that the standards provided for in the domestic law of the Detaining Power fall short of these minimum standards, the rules of the Convention prevail and PoWs must benefit from the protections that it offers. Such questions would also extend to the appropriate use by Detaining Powers of electronic means to identify prisoners of war including biometrics or of new technologies to conduct surveillance. As with the updated Commentaries on GC I and GC II, the development of the updated Commentary on GC III involved a collaborative effort, with input from ICRC and non-ICRC lawyers, specialists with subject-matter expertise (including military personnel, protection officers specializing in detention, and academics), and others. endobj While this appetite may vary depending on the nature of the particular conflict, it was an acute issue in Afghanistan, especially with respect to the US-led coalition in Operation Enduring Freedom (OEF). endobj Again, this provision is underpinned not only by the fundamental protections described above (including respecting the person and the honour of PoWs) but also by the consideration that holding PoWs is not intended to be for punitive reasons. GC III sets out a number of fundamental protections that apply to all PoWs. This acceptance can be expressfor example, when a party gives a formal authorization to the group or acknowledges that the group fights on its behalf. The 143 articles of GC III provide a rich framework of realistic but essential protections covering all aspects of a prisoner's capture until their final release and repatriation. There are two main approaches to this issue. But it has proven difficult to get subsequent agreement among allies on detention standards. Prisoners of war must at all times be humanely treated. Judgment, Journal of International Criminal Has data issue: true Second, how does the principle of assimilation according to which the standard of treatment to which prisoners of war are entitled is in the first instance determined by reference to the domestic standards and laws applicable to members of the armed forces of the Detaining Power (para. Planning for POW issues was, by contrast, an important part of NATOs Cold War-era preparation for large-scale convention conflict in Europe. For example, the Convention requires that PoWs be interned on land, with every guarantee afforded for their hygiene and health; that they must not be held in penitentiaries except in particular cases where it is in the interests of the prisoners themselves;77 There is also more space for multilateral work in this area. This article reflects the authors personal views only and does not reflect the views of NATO or any NATO ally. Its eighty substantive articles included provisions on the prohibition of measures of reprisal and collective penalties, the organization of labour of PoWs, the ability of prisoners to elect their representatives, the codification of judicial procedures and punitive measures, and the official recognition of the role of the ICRC, generally and in regard to the organization of a central information agency. This is an example of a situation where the updated Commentary indicates divergent views and highlights issues not yet settled. The authorization of a person to accompany the armed forces is evidenced by the provision of an identity card of a similar model to that annexed to GC III in Annex IV(A), and could also be evidenced by co-location, shared logistical arrangements, contractual arrangements and/or apparel.48, The fifth category consists of members of the crew of the merchant marine or civil aircraft of the parties to the conflict who do not benefit from other more favourable treatment in international law. PoWs generally require at least two sets of clothing and sleepwear to enable a change when one set is being washed or repaired.124, The type of clothing provided must also be in line with the fundamental protections described above, in particular the obligation to respect the person's honour. This obligation logically follows from the purpose of internment, which is to prevent further participation in hostilities.93 2 Article 16 expressly lists health, age and professional qualifications as potential grounds for privileged treatment, and also requires consideration of provisions relating to rank and sex in GC III.69 The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised and replaced by the Third Geneva Convention of 1949.