What are the Geneva Conventions?
The 1949 Geneva Conventions are a set of international treaties that ensure that warring parties conduct themselves in a humane way with non-combatants such as civilians and medical personnel, as well as with combatants no longer actively engaged in fighting, such as prisoners of war, and wounded or sick soldiers. All countries are signatories to the Geneva Conventions. There are four conventions, with three protocols added on since 1949
The provisions of the conventions apply in peacetime situations, in declared wars, and in conflicts that are not recognised as war by one or more of the parties
What are the provisions for PoWs?
The treatment of prisoners of war is dealt with by the Third Convention or treaty. Its 143 articles spread over five sections and annexures are exhaustive, and deal with every kind of situation that may arise for a captive and captor, including the place of internment, religious needs, recreation, financial resources, the kinds of work that captors can make PoWs do, the treatment of captured officers, and the repatriation of prisoners
The Third Convention is unambiguous about how prisoners must be treated: “humanely”. And the responsibility for this lies with the detaining power, not just the individuals who captured the PoW.
“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 regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited,” says Article 13 of the Convention
In this sense, the wide publicity given to the video recording of a blindfolded Wing Commander Abhinandan identifying himself to his captives could be held as a violation of the Geneva Conventions, although in a second clip he is heard saying, in response to a question, that he is being treated well. A third clip shows him being beaten by people in civilian clothes as he lies in a small stream.
What rights is a PoW entitled to?
Article 14 of the Convention lays down that PoWs are “entitled to in all circumstances to respect for their persons and their honour”. In captivity, a PoW must not be forced to provide information of any kind under “physical or mental torture, nor any other form of coercion”. Refusal to answer questions should not invite punishment. A PoW must be protected from exposure to fighting. Use of PoWs as hostages or human shields is prohibited, and a PoW has to be given the same access to safety and evacuation facilities as those affiliated to the detaining power.
Access to health facilities, prayer, recreation and exercise are also written into the Convention. The detaining power has to facilitate correspondence between the PoW and his family, and must ensure that this is done without delays. A PoW is also entitled to receive books or care packages from the outside world.
What do the provisions say about the release of prisoners?
Parties to the conflict “are bound to send back” or repatriate PoWs, regardless of rank, who are seriously wounded or sick, after having cared for them until they are fit to travel”. The conflicting parties are expected to write into any agreement they may reach to end hostilities the expeditious return of PoWs. Parties to the conflict can also arrive at special arrangements for the improvement of the conditions of internment of PoWs, or for their release and repatriation.
The 1949 Geneva Conventions are a set of international treaties that ensure that warring parties conduct themselves in a humane way with non-combatants such as civilians and medical personnel, as well as with combatants no longer actively engaged in fighting, such as prisoners of war, and wounded or sick soldiers. All countries are signatories to the Geneva Conventions. There are four conventions, with three protocols added on since 1949
The provisions of the conventions apply in peacetime situations, in declared wars, and in conflicts that are not recognised as war by one or more of the parties
What are the provisions for PoWs?
The treatment of prisoners of war is dealt with by the Third Convention or treaty. Its 143 articles spread over five sections and annexures are exhaustive, and deal with every kind of situation that may arise for a captive and captor, including the place of internment, religious needs, recreation, financial resources, the kinds of work that captors can make PoWs do, the treatment of captured officers, and the repatriation of prisoners
The Third Convention is unambiguous about how prisoners must be treated: “humanely”. And the responsibility for this lies with the detaining power, not just the individuals who captured the PoW.
“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 regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited,” says Article 13 of the Convention
In this sense, the wide publicity given to the video recording of a blindfolded Wing Commander Abhinandan identifying himself to his captives could be held as a violation of the Geneva Conventions, although in a second clip he is heard saying, in response to a question, that he is being treated well. A third clip shows him being beaten by people in civilian clothes as he lies in a small stream.
What rights is a PoW entitled to?
Article 14 of the Convention lays down that PoWs are “entitled to in all circumstances to respect for their persons and their honour”. In captivity, a PoW must not be forced to provide information of any kind under “physical or mental torture, nor any other form of coercion”. Refusal to answer questions should not invite punishment. A PoW must be protected from exposure to fighting. Use of PoWs as hostages or human shields is prohibited, and a PoW has to be given the same access to safety and evacuation facilities as those affiliated to the detaining power.
Access to health facilities, prayer, recreation and exercise are also written into the Convention. The detaining power has to facilitate correspondence between the PoW and his family, and must ensure that this is done without delays. A PoW is also entitled to receive books or care packages from the outside world.
What do the provisions say about the release of prisoners?
Parties to the conflict “are bound to send back” or repatriate PoWs, regardless of rank, who are seriously wounded or sick, after having cared for them until they are fit to travel”. The conflicting parties are expected to write into any agreement they may reach to end hostilities the expeditious return of PoWs. Parties to the conflict can also arrive at special arrangements for the improvement of the conditions of internment of PoWs, or for their release and repatriation.
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