International humanitarian law: Prisoners of war and detainees
The Third Geneva Convention provides a wide range of protections for prisoners of war. It defines their rights and sets down detailed rules for their treatment and eventual release. International humanitarian law (IHL) also protects other people deprived of liberty as a result of armed conflict.
The rules protecting prisoners of war (POWs) are specific and were first detailed in the 1929 Geneva Convention. They were refined in the Third Geneva Convention of 1949, following the lessons of the Second World War, as well as in Additional Protocol I of 1977.
The status of POWs only applies in international armed conflict. POWs are usually members of the armed forces of one of the parties to a conflict who fall into the hands of the opposing party. The Third Geneva Convention also classifies other categories of people who have the right to POW status or may be treated as POWs.
POWs cannot be prosecuted for taking a direct part in hostilities. Their detention is not a form of punishment; rather its purpose is to prevent further participation in the conflict. They must be released and repatriated without delay after the end of hostilities. The detaining power may prosecute them for possible war crimes, but not for acts of violence that are lawful under IHL.
POWs must be treated humanely in all circumstances. They are protected against any act of violence, as well as against intimidation, insults and public curiosity. IHL also defines the minimum acceptable conditions of detention, covering such issues as accommodation, food, clothing, hygiene and medical care.
The Fourth Geneva Convention of 1949 and Additional Protocol I also provide extensive protection for civilian internees during international armed conflicts. If justified by imperative security reasons, a party to the conflict may subject civilians to assigned residence or internment. Internment is a security measure and cannot be used as a form of punishment. This means that each interned person must be released as soon as the reasons that necessitated their internment no longer exist.
Rules governing civilian internees’ treatment and conditions of detention under IHL are very similar to those applicable to prisoners of war.
In non-international armed conflicts, Article 3 common to the 1949 Geneva Conventions and Additional Protocol II provide that people deprived of their liberty for reasons related to the conflict must also be treated humanely in all circumstances. In particular, they are protected against murder, torture, and cruel, humiliating and degrading treatment. Those detained for participation in hostilities are not immune from criminal prosecution under the applicable domestic law for having done so.
