International Humanitarian Law In Theory And Practice
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Prisoners of Wars and Other Detainees
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International Humanitarian Law In Theory And Practice
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Leiden University
This note include Legal status, Prisoners of war, Protection of POWs (How does the third Geneva Convention protect POWs?), Civilians in
International Armed Conflicts, Detention of persons in non-international armed conflict, civilians in the hands of the enemy, Protection of enemy civilians (H...
International Humanitarian Law In Theory And Practice
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Prisoners of War and
Other Detainees
Thousands, if not hundreds of thousands of fighters, and civilians have been deprived of their liberty in
situations of armed conflict. Detention in armed conflict is actually a common and often lawful occurrence.
However, isolated from their loved ones, and in the hands of the enemy, detainees have proven to be
extremely vulnerable to abuse. For example, we can think back to the horrors committed in concentration
camps during World War II, the rapes committed in detention camps in Bosnia Herzegovina during the
Yugoslav wars and the enhanced interrogation techniques that had been used in Guantanamo Bay. For
these reasons, IHL governance detention during armed conflict, and sets certain boundaries for the
treatment of detainees.
Legal Status religious personnel. Members of irregular armed
forces are also entitled to POWs status when
In situations of armed conflict detainees benefit captured provided that they fulfill the four
from protection under a different set of rules requirements to be assimilated to the regular arms
depending on their legal status. Broadly speaking, forces. Because they carry out belligerent acts,
IHL distinguishes between combatants who are combatants are considered to pose a threat to
deprived of their liberty in international armed the security of the adverse party. Thus, the enemy
conflicts, and benefit from prisoner of war status can lawfully deprive them of their liberty until the
under the third Geneva Convention. Then civilians end of active hostilities.
detained in international armed conflicts who are
protected under the Fourth Geneva Convention, The internment of combatants is a non-criminal
and persons detained in non-international armed preventive measures taken by the adverse party to
conflict who benefit from the protection of protect itself against security threats. This is why
Common Article 3, and Additional Protocol the we speak of internment rather than detention of
second. POWs. It is important to note that prisoners of war
can be interned without any specific judicial or
No detainees who fall outside the scope of administrative procedure. They're not entitled to a
protection of IHL. Yet this is not always the case in review of the lawfulness of the internment either
practice. For example, in the aftermath of 9-11, the while hostilities are ongoing. However, POWs are
United States with the assistance of certain nevertheless protected by IHL from the time they
European countries detained several hundred fall into the power of the enemy until their final
alleged terrorists with little to no guarantee of release and repatriation.
protection under international law.
Prisoners of War Protection of POWs
How does the third Geneva Convention protect
also commonly known as POWs. As defined in
POWs?
Article 4 of the third Geneva Convention, Prisoners
1. IHL provides that prisoners of war must at all
of War are combatants who have fallen into the
times be humanely treated. Causing death or
power of the enemy. Combatants are members of
seriously endangering the health of a POW is
the armed forces of a party to an international
explicitly prohibited. Furthermore, the detaining
armed conflict with the exception of medical and
power must protect POWs against acts of
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