GENEVA CONVENTION RELATIVE TO

THE TREATMENT OF PRISONERS OF

WAR
 PRISONER OF WAR STATUS

1)Legally Recognise Combatants

First Category
 A prisoner of war is defined as a person belong ing to any of a number of
enumerated categories, who has ‘fallen into the power of the enemies

 Second Category
The armed groups who:
● are under responsible command;
● bear a fixed, distinctive sign recognizable at a distance;
● carry arms openly; and
● respect the requirements of international humanitarian law.
 PRISONER OF WAR STATUS

2)Non Combatants
● Persons who typically accompany armed forces, but are not members
of the forces themselves, such as civilian members of aircraft crews,
war correspondents, supply contractors and so on;
● members of crews of merchant marine and civil aircraft of a party to
the conflict;
● Inhabitants of a particular region who spontaneously take up arms;
● Former members of armed forces who are caught in an attempt to
rejoin the forces of which they used to be members.
 PRISONER OF WAR STATUS

 The definition of prisoner of war status in Geneva Convention III has been supplemented by
Additional Protocol I of 1977.
 According to Article 44 of Additional Protocol I, any combatant, as defined in Article 43, who falls
into the power of an adverse Party shall be a prisoner of war’. We previously encountered the
Article 43 definition of a combatant in Chapter 3.
 The definition covers all armed forces or groups under the command of a party to the conflict who
are subject to an internal disciplinary system and distinguish themselves from the civilian
population or, in situations where this is not possible, carry arms openly whenever engaging in or
preparing to engage in an attack.
 The effect of Additional Protocol I is to slightly widen the definition of prisoner of war status set out
in Geneva Convention III (at least among those states that are parties to the Additional Protocol)
 The main difference between the regimes is that whereas Geneva Convention III
requires combatants to distinguish themselves from civilians through a uniform or other distinctive
sign.
 Additional Protocol I recognises that this is sometimes too demanding. Members of resistance
groups and volunteer militia should be recognised as combatants and afforded prisoner of war
protections even if they do not wear uniforms, provided that they carry arms.
 WHO IS NOT ENTITLED TO THE
PRISONER OF WAR STATUS
1)Spies-Military Personnel engaged in espionage( Article 46 of
Additional Protocol I)
2)Mercenaries-Persons who are not nationals of a party to the
conflict or members of the regular armed forces of a state and are
specifically recruited to fight in the conflict for a substantial material
reward(Article 47 of Additional Protocol I)
3)Unprivileged Belligerents
Persons who are actively engaged in fighting, but for one reason or
another do not satisfy the definition of a combatant under Geneva
Convention III or Additional Protocol I.
This may be because the armed group within which they operate is
not sufficiently well organised to count as being under responsible
command or having an internal disciplinary system.
 TREATMENT OF PRISONERS OF
WAR
 Humane Treatment(Article 13)
 Respect for their persons and honour(Article 14)
 Guarantee of Equal Treatment(Article 16)
 Absolute Prohibition against reprisal
 Prohibition against Mental and Physical Torture(Article 17)
 CAPTURE OF PRISONERS OF WAR

Article 17
 The captured combatant is required to divulge only her or his full name,
rank, date of birth and any serial number.
 The detaining party must issue prisoners of war with an identity card
bearing this information.
 The card must be shown to detaining authorities upon demand, but
may not be confiscated.
 The principle that captured soldiers need only reveal their ‘name, rank
and serial number’ has become well known through popular culture.
 Military forces may impose a duty on their members to avoid providing
further information.
 CAPTURE OF PRISONERS OF WAR

 Military forces may impose a duty on their members to avoid providing further
information.
 Prisoners of war who cannot identify themselves due to physical or mental
incapacity should be handed to the medical service.
 A prisoner who refuses to provide identifying information may not be coerced or
threatened
Article 18
The captured combatants are entitled to retain their personal effects, including
protective articles (such as gas masks), clothing and food.
However, arms, horses, military equipment and military documents may be
confiscated.
If money is taken from a prisoner, it must be recorded on a register and a receipt
issued and the money must then be held in the prisoner’s name until she or he is
repatriated.
 CAPTURE OF PRISONERS OF WAR

 Article 19
 The prisoners of war must be evacuated as soon as possible to an
area far enough from the combat zone to keep them out of danger.
 Until this is done, they must not be needlessly exposed to military
activities
 The communication rights of captured combatants are dealt with
under Article 70.
 Immediately after capture, prisoners of war must be allowed to
write to their families and the Central Prisoners of War Agency
advising their capture, address and state of health.Delivery of
these communications must not be unreasonably delayed.
 CAPTURE OF PRISONERS OF WAR

Article 123
 Central Prisoners of War Agency is to be established in a neutral
country in collaboration with the International Committee of the Red
Cross (ICRC)
 The Agency’s role is to collect information concerning prisoners of
war and transmit this information to prisoners’ families
 Each party to the conflict is also obliged to establish an Information
Bureau to keep records of prisoners of war and communicate their
status to their home state
 The Information Bureau is also responsible for collecting the
personal valuables of deceased, escaped or released prisoners of
war and returning these to their families
 PRISONER OF WAR CAMPS

Article 21
 Article 21 of Geneva Convention III states that prisoners of war may be confined
in a camp.However, the internees may not be held in close confinement except
where necessary to safeguard their health
Article 22
 Prisoners of war may only be detained on land, in premises allowing hygiene and
good health
Article 23
 Prisoners must not be stationed near a combat zone and must not be used to
shield military objectives from attack
 Living quarters for prisoners of war should be adequately heated and lit, with
bedding and blankets. Male and female prisoners of war should be housed in
separate quarters
 PRISONER OF WAR CAMPS

 Article 26
 Food and water for prisoners of war shall be of sufficient quantity,
quality and variety to keep the internees in good health and avoid
excessive loss of weight.
 Prisoners undertaking strenuous labour should be provided with
extra rations where needed.
 Detainees are entitled to be involved with the preparation of their
meals and the use of tobacco shall be permitted.
 It is prohibited to withdraw food from detainees as a means of
collective punishment.
 PRISONER OF WAR CAMPS

 Article 27
Prisoners of war must be provided with clothing, underwear and footwear
suitable for the climate. Detainees undertaking work should be clothed
appropriately.
Article 28
It provides that prisoner of war camps should include a canteen where
detainees can buy food, tobacco, soap and other everyday items at or below
the market price. Any profits shall be used to benefit the prisoners.
Article 29
The detaining power must take all necessary measures to ensure the
cleanliness and health of prisoners of war. There should be adequate washing
and sanitation facilities. Sufficient baths, showers, water, soap and laundry
facilities must be available, including separate facilities for women
 PRISONER OF WAR CAMPS

Article 30
Every prisoner of war camp must have an infirmary, with suitable
facilities for contagious and mental diseases and for the physically
impaired.
Article 31
Prisoners of war should have medical examinations at least once a month
Article 38
The exercise needs of prisoners of war are considered in this specific
provision.Detainees should be able to exercise outdoors and open spaces
are to be provided for this purpose. Prisoners should be allowed premises
and equipment to engage in sports, games and other recreational
pursuits.
 PRISONER OF WAR CAMPS

 Article 46-47
Decisions to transfer prisoners between camps should take into
account their interests. Sick and wounded detainees should not be
transferred if it would endanger their health
 MEDICAL AND RELIGIOUS
PERSONNEL
Article 33
 Medical personnel and chaplains associated with the armed forces are
dealt with under this specific provision.
 Persons falling within these categories are not considered prisoners of
war, since they are not combatants.
 However, they may nonetheless be detained to provide assistance to
prisoners of war during their captivity
 Medical personnel and chaplains detained under this provision are then
entitled to protections equivalent in all respects to those given to
prisoners of war
 They are also entitled to be provided with the necessary facilities for
fulfilling their medical and spiritual duties
 MEDICAL AND RELIGIOUS
PERSONNEL
Article 34
 This provision stipulates that prisoners of war shall enjoy complete latitude in
their religious activities. There should be adequate facilities for religious
observance.
Article 35
Chaplains who are detained to minister to detainees should be allowed to follow
their religious conscience and maintain contact with ecclesiastical authorities.
Article 36
Captured combatants who are ministers should be afforded similar conditions and
exempted from other work.
Article 32
Detainees who have medical qualifications may be required to tend to other
prisoners, but shall likewise be exempted from other employment.
 DISCIPLINARY PROCEDURES

 Article 39
It provides that each prisoner of war camp shall be put under the
command of an officer of the detaining power.
The commander is responsible for ensuring compliance with the rules of
Geneva Convention III
Article 41
Prisoners of war should salute the commanding officer, as well as other
officers of the detaining power who are of a higher rank than themselves.
The text of Geneva Convention III should be made available to prisoners in
a language they can understand
Commands, notices and questioning of prisoners should also be in a
comprehensible language
 DISCIPLINARY PROCEDURES

 Article 82
 Prisoners of war should be subject to the same rules of conduct as
the armed forces of the detaining power.
 Any rule imposed on prisoners of war that does not also apply to
detaining forces shall be enforced with disciplinary measures only.
 Article 84
 A trial of a prisoner of war for a judicial offence (that is, an offence
too serious to be met simply with disciplinary action) shall be
carried out by a military court, except in certain exceptional
circumstances.
 In all cases, the court must be impartial and independent.
 DISCIPLINARY PROCEDURES

 Article 87 and Article 75(2)of Additional Protocol I

 Penalties must be the same as for the forces of the detaining power. Collective
punishments, corporal punishment, imprisonment without daylight and other forms
of cruelty are forbidden
 Articles 89 and 90
 It sets out the allowable disciplinary punishments for prisoners of war
 They include fines, suspension of privileges (other than the rights guaranteed by
the Geneva Conventions), fatigue duties not exceeding two hours daily and solitary
or other forms of confinement.
 Punishments may never be inhuman, brutal or dangerous.
 No disciplinary punishment, including confinement, may last longer than 30 days
 Any offence that involves punishment exceeding this limit is deemed to be a
judicial offence and must be tried accordingly
 DISCIPLINARY PROCEDURES

 Article 42
This provision makes it clear that the use of weapons against
prisoners of war is an extreme measure. It must be preceded by
appropriate warnings, especially when prisoners are attempting to
escape
 ESCAPE ATTEMPTS

 Traditionally, it has been recognised that prisoners of war may feel

a duty to attempt to escape.
 This duty is explicitly contained in the codes of conduct of some
military forces.
 Escape attempts by prisoners of war tend to be valorised in public
discourse and popular culture, as in the 1963 American film, The
Great Escape, featuring Steve McQueen.
 The rules of Geneva Convention III relating to escape attempts
strike a balance between the duty prisoners may feel to escape
and the legitimate interest of detaining powers in keeping
prisoners confined and maintaining orderly conditions in detention
 ESCAPE ATTEMPTS

 Article 91
 A prisoner of war who successfully escapes and is later recaptured
shall not be punished.
 An escape is deemed successful when the prisoner rejoins the
armed forces of her or his own state or its allies or, alternatively,
leaves the territory controlled by enemy forces
Article 92
Specifies that provides that a prisoner who unsuccessfully attempts
to escape may be liable to disciplinary punishment, but no more
serious measures may be taken, even for repeat offences.
 ESCAPE ATTEMPTS

 Article 93
It stipulates that attempts to escape shall not be an aggravating
circumstance if a prisoner of war is subject to judicial proceedings
for a more serious offence committed during the escape.
Furthermore, offences committed in the course of an escape
attempt that do not involve physical violence shall be punished by
disciplinary measures only.
It is possible, however, that a prisoner of war who commits a violent
offence during an escape attempt could be subject to judicial
punishment following a trial.
This would potentially cover offences such as murder or assault
against civilians.
 ESCAPE ATTEMPTS

 Article 93 does not make it clear whether a prisoner of war may be judicially
punished for killing or injuring an enemy combatant during an escape
attempt.
 The better view seems to be that attacks made on enemy combatants in the
course of escape attempts are not liable to judicial prosecution, although
they may be met with disciplinary measures.
Additional Protocol I, art 43(2)
 This follows from the basic principle that combatants are entitled to take an
active part in armed hostilities and may not be punished for doing so.
Additional Protocol I, art 41(2) and art 51(3)
a prisoner of war who attempts to kill or injure her or his captors during an
escape attempt will become a legitimate military target while engaging in
the attack
 LABOUR OF PRISONERS OF WAR

Article 49
The detaining power may utilise the labour of prisoners of war who are physically fit.
Officers shall not be required to work, but they may request work if they wish. Non-
commissioned officers may only be required to do supervisory work, unless they request
otherwise.
Article 50
Article 50 then sets out the types of work other prisoners may legally be required to do,
including:
● camp administration or maintenance
● agricultural work
● mineral and manufacturing work
● public works with no military character or purpose; ● transport and stores work with
no military character or purpose
● commercial business;
● arts and crafts;
● domestic service; and
● public utility services with no military character or purpose.
 LABOUR OF PRISONERS OF WAR

The wording of Article 50 gives effect to the general principle that prisoners of war
may not be required to undertake work with a military character.
This is a corollary of the basic requirement to respect prisoners’ honour.
Article 51
 Prisoners of war must be granted suitable working conditions, especially regarding
accommodation, food, clothing and equipment.
Article 52
 No prisoner of war may be forced to do labour which is unhealthy, dangerous (such
as removing landmines) or humiliating.
 Article 53
 Working hours must not be excessive by local standards; appropriate breaks and
holidays must be provided
 Article 54
 Prisoners of war engaged in labour shall be paid a fair working wage.
 COMMUNICATION

 Article 70
 Prisoners of war enjoy robust communication rights under Geneva
Convention III. Combatants are entitled to write to their families
upon capture to provide details of their address and state of health
 Article 72
 According to Article 71, prisoners of war must be allowed to send
and receive letters and cards, which should be conveyed without
delay.
 Article 72 extends this protection to cover parcels containing food,
clothing, medical supplies, and recreational, educational and
religious items
 COMMUNICATION

 Article 76
 Correspondence to and from prisoners of war may be censored by the
authorities, but this must be done as swiftly as possible
 Communication among detainees and between prisoners and camp
authorities is also protected
 Article 78
 This specific provision grants prisoners of war the right to make requests
and complaints to the detaining authorities.
 Article 79
It provides that prisoners’ representatives shall be appointed within each
camp to represent the detainees’ interests to camp authorities, the
detaining power and the ICRC
 COMMUNICATION

 Article 80
 The prisoners’ representative in camps for officers shall be the
senior officer; in other camps, representatives are to be elected
every six months by secret ballot. In camps containing prisoners of
different nationalities, multiple representatives shall be appointed.
 The role of the representatives is to ‘further the physical, spiritual
and intellectual well-being’ of the prisoners.
Article 81
 Representatives of the prisoner should be provided the assistance
and facilities necessary for their role and exempted from other
work if required.
 RELEASE OF PRISONERS OF WAR

Articles 109 and 110

 These provisions specify that prisoners of war who are seriously sick or
wounded should be repatriated to their home country. Prisoners are
defined as being seriously sick or wounded if their physical or mental
fitness is gravely diminished and they are not likely to recover within a
year.
Article 117
 Prisoners of war repatriated for poor health may not later be
redeployed on active military duties.
Article 118
 All other prisoners of war are to be repatriated without delay after the
cessation of hostilities
 RELEASE OF PRISONERS OF WAR

Article 115
 A prisoner of war who is entitled to be repatriated may not be kept back by
the detaining power merely because she or he has not fulfilled a
disciplinary punishment.
 Article 119
The prisoners facing serious criminal charges may be kept back to face
trial. Upon repatriation, all personal articles of value taken from prisoners of
war must be returned
Article 66
The remaining balance of accounts kept in the names of prisoners,
containing wages and money taken from them upon capture, must be
communicated to their home nation with a view to settling the account
following repatriation
 DEATH OF PRISONERS OF WAR

 Article 120
 Wills of prisoners of war should be drawn up so as to be valid in
their home countries.
 After death, the will must be sent back to the home country
without delay.
 A death certificate shall be issued for every death of a prisoner of
war, noting the date, place and cause of death, along with the
date and place of burial and the information necessary to identify
the prisoner’s grave.
 Burial or cremation shall be preceded by a medical examination to
determine the cause of death.
 DEATH OF PRISONERS OF
WAR
 Article 121
 Prisoners of war are entitled to an honourable burial, in accordance
with their religious beliefs and traditions.
 Graves should be marked and maintained.
 Prisoners should have individual graves unless unavoidable
circumstances dictate otherwise.
 Bodies may be cremated only for imperative reasons of hygiene or on
account of the deceased’s religion or express wishes.
 Every death or serious injury of a prisoner suspected to be caused by
another person, including detaining officials and other internees, shall
be the subject of an immediate enquiry, with a report to be sent to her
or his home state.