protection of prisoners of war under international humanitarian law

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A combatant’s failure to respect the rules of international law applicable to armed conflicts may not deprive that person of his or her status as a prisoner of war (API Art. The following categories of persons are prisoners of war: members of the armed forces of a party to the … 26). It is often considered that customary law allows a detaining power to deny its own nationals prisoner-of-war status, even if they fall into its hands as members of enemy armed forces. The officers and prisoners belonging to the same status are to be treated following their respective ages and rank. Murphy, Ray. 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. Treatment due to prisoners of war is spelled out in detail in the Third Geneva Convention. 44.2). ▸ Death penalty ▸ Fundamental guarantees ▸ Ill treatment ▸ Judicial guarantees. The four 1949 Geneva Conventions and Protocol I deal extensively with the humanitarian issues raised by such conflicts. The distinction between civilians and combatants is the core element of the protection granted to civilians under humanitarian law. The ICRC works through its delegates. Burundi’s Regulations on International Humanitarian Law (2007) states: If captured, a combatant must have the status of prisoner of war. 45.1–3). “Prisoners of war” are combatants who have fallen into the hands of the enemy, or specific non-combatants to whom the status of prisoner of war is granted by international humanitarian law. In 1899, in The Hague, international protection was extended to wounded, sick and shipwrecked members of armed forces at sea , and in 1929 prisoners of war were also placed under the protection of the law of Geneva. Additional Protocol I made this point clear. INTERNATIONAL HUMANITARIAN LAW AND PRISONERS OF WAR. Let us, however, underline that legal rules alone are unable to cope with the real problems caused by armed conflicts. In the century and a half that followed the body of international humanitarian law grew. Customary international humanitarian law recalls that all persons placed, Detained individuals who come under the category of combatants, as well as those involved in hostilities, may be able to benefit from prisoner-of-war status and the guarantees attached to that status, according to the Third Geneva Convention, following specific conditions of reciprocity and according to special agreements signed between the parties to the conflict. It defines their rights and sets down detailed rules for their treatment and eventual release. 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. An individual who has the status of a protected person under international humanitarian law has the right to special protection and reinforced relief. 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. Humanitarian law applicable to non-international armed conflicts provides, however, a specific regime of protection for persons deprived of their liberty for reasons related to the conflict ( ▸. Washington, DC: American Society of International Law, Task Force Paper, 2002. The individual will be afforded protection under the Third Convention if he claims the status of prisoner of war, if he appears to be entitled to such status, or if the party on which he depends claims such status on his behalf by notifying the detaining Power or the Protecting Power [ICRC]. No, the term” prisoner of war” is conferred to enemy soldiers captured in international armed conflicts only under the Third Geneva Convention. 15). Qudus A. Mumuney. The detaining power is bound to take all necessary sanitary measures to ensure the cleanliness and healthfulness of camps and to prevent epidemics. Recent practice shows that for various reasons States are no longer prepared to appoint Protecting Powers. Prisoners’ relations with the exterior are regulated by Articles 69 to 77. 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. International Humanitarian Law provisions set out specific rules for the treatment of the Prisoners of War. Put under the applicable procedure, this does not impact the prisoner-of-war status if they act wearing. Based on the status of prisoner of war of disciplinary and penal sanctions reciprocal... 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