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PoW status is regulated by the Third Geneva Convention and Additional Protocol I. Article 13 of the Third Geneva Convention, an essential article for the protection of POWs. (1) Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a ...
- Art. 21
The Detaining Power may subject prisoners of war to...
- Details of Repatriation Procedure
Prisoners of war shall be allowed to take with them their...
- Internment in a Neutral Country
The Detaining Power, the Power on which the prisoners of war...
- Responsibility for The Treatment of Prisoners and Conditions for Their Transfer to Another Power
Prisoners of war are in the hands of the enemy Power, but...
- Direct Repatriation and Accommodation in Neutral Countries
Throughout the duration of hostilities, Parties to the...
- Cases of Repatriation and Accommodation
The conditions which prisoners of war accommodated in a...
- Release and Repatriation
Prisoners of war shall be released and repatriated without...
- Prisoners Serving a Sentence
Prisoners of war detained in connection with a judicial...
- Art. 21
- Section I: Beginning of Captivity
- Section II: Internment of Prisoners of War
- Section III: Labour of Prisoners of War
- Section IV: Financial Resources of Prisoners of War
- Section V: Relations of Prisoners of War with The Exterior
- Section VI: Relations Between Prisoners of War and The Authorities
Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status. E...
The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoner...
The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those...
Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them,...
Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. Immediately up...
Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' representative or, if they con...
Rules governing the treatment and conditions of detention of civilian internees 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 persons deprived of liberty for reasons related to the conflict must also be treated humanely in all circumstances.
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.
According to this view, prisoners of war who have the nationality (or dual nationality) of the Detaining Power, as well as stateless persons, are entitled to the full protection due to them under the Third Convention, including recognition that they cannot be prosecuted for lawful acts of war.
Prisoners of war prosecuted for acts committed after capture likewise retain the protection of humanitarian law; this was already accepted under the 1929 Convention. The phrase ‘prior to capture’ includes acts committed before the person falls into the hands of the Detaining Power, whether by capture, surrender or upon acceptance of a transfer of a prisoner of war under Article 12(2).
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Can prisoners of war be prosecuted for lawful acts of war?
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Can a Detaining Power prosecute prisoners of war?
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What is the Convention Relating to the treatment of prisoners of war?
Historically, this example was introduced because during the Second World War some Detaining Powers stated their intention of considering prisoners of war who attempt an escape in civilian clothing as spies and no longer as prisoners of war, which meant in practice they could be prosecuted for all their acts of hostilities (even those committed before capture) and, if convicted, even sentenced ...
