Commentary on the Third Geneva Convention

2021 ◽  
Author(s):  
International Committee of the Red Cross
Keyword(s):  
Geneva Convention ◽  
The Third

The Protection of prisoners of war

1974 ◽  
Vol 14 (157) ◽  
pp. 191-193
Keyword(s):  
Geneva Convention ◽  
Prisoners Of War ◽  
Red Cross ◽  
The Third ◽  
Geneva Conventions

Before the existence of the Red Cross and the Geneva Conventions, any soldier fallen into enemy hands was entirely at his captor's mercy. Now the Third 1949 Geneva Convention relative to the treatment of prisoners of war—recognized by 133 States—clearly lays down how he must be treated during captivity.

Recent Legal Developments: The Judgement of the International Criminal Tribunal for the Former Yugoslavia in Prosecutor v. Mladen Naletilić and Vinko Martinović

2003 ◽  
Vol 16 (3) ◽  
pp. 525-539 ◽  
Author(s):  
PASCALE CHIFFLET
Keyword(s):  
International Criminal ◽  
Geneva Convention ◽  
International Criminal Tribunal ◽  
Prisoners Of War ◽  
Former Yugoslavia ◽  
Legal Definition ◽  
The Third ◽  
Definition Of

This article focuses on three specific legal developments arising from the Martinović and Naletilić Judgement of the ICTY. The first issue is the possibility of prisoners of war consenting to perform otherwise prohibited labour under Geneva Convention III. The second relates to the legal definition of occupation within the meaning of Geneva Convention IV. The third issue concerns the trial chamber's analysis of the discriminatory requirement as an element of the offence of persecution.

The updated ICRC Commentary on the Third Geneva Convention: A new tool to protect prisoners of war in the twenty-first century

2020 ◽  
Vol 102 (913) ◽  
pp. 389-416
Author(s):  
Jemma Arman ◽  
Jean-Marie Henckaerts ◽  
Heleen Hiemstra ◽  
Kvitoslava Krotiuk
Keyword(s):  
Geneva Convention ◽  
International Committee ◽  
Prisoners Of War ◽  
First Century ◽  
Historical Background ◽  
Red Cross ◽  
The Third ◽  
Geneva Conventions ◽  
Key Points ◽  
Scope Of Application

AbstractSince their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. This article highlights key points of interest covered in the updated Commentary on the Third Geneva Convention. It explains the fundamentals of the Convention: the historical background, the personal scope of application of the Convention and the fundamental protections that apply to all prisoners of war (PoWs). It then looks at the timing under which certain obligations are triggered, those prior to holding PoWs, those triggered by the taking of PoWs and during their captivity, and those at the end of a PoW's captivity. Finally, the article summarizes key substantive protections provided in the Third Convention.

Conflict between Iran and Iraq

1990 ◽  
Vol 30 (S1) ◽  
pp. 75-77
Keyword(s):  
Geneva Convention ◽  
The Third

On 20 August 1988, following Iran's acceptance of UN Resolution 598 (it will be recalled that Iraq had accepted this resolution the previous year), a cease-fire went into effect between Iran and Iraq. The ICRC immediately proposed a comprehensive repatriation procedure to both parties, based on the applicability of Article 118 of the Third Geneva Convention, which is mentioned in Point 3 of Resolution 598. However, this repatriation was still not under way at the end of 1989.

scholarly journals The updated ICRC Commentary on the Third Geneva Convention: A new tool to protect prisoners of war in the twenty-first century –CORRIGENDUM

2021 ◽  
pp. 1-2
Author(s):  
Jemma Arman ◽  
Jean-Marie Henckaerts ◽  
Heleen Hiemstra ◽  
Kvitoslava Krotiuk
Keyword(s):  
Geneva Convention ◽  
Prisoners Of War ◽  
First Century ◽  
The Third ◽  
Twenty First Century

The Authors apologise for two errors within their published Article. These appear on pages 391 and 416.

Prisoners of War: A Comparative Study of the Principles of International Humanitarian Law and the Islamic Law of War

2009 ◽  
Vol 9 (4) ◽  
pp. 623-649 ◽  
Author(s):  
Mohamed El Zeidy ◽  
Ray Murphy
Keyword(s):  
Armed Conflict ◽  
Islamic Law ◽  
Geneva Convention ◽  
Prisoners Of War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Laws Of War ◽  
Law Of War ◽  
The Third ◽  
The Individual

AbstractThe treatment of prisoners of war (POWs) has been an issue of concern to all those engaged in armed conflict for centuries. The problem of how to deal with POWs is not a new one and their treatment is a question with which the laws of war have been particularly concerned. Not all persons captured in the course of armed conflict are entitled to POW status. Generally, only persons recognized as "combatants" in accordance with international humanitarian law are entitled to POW status upon capture by an adverse party in armed conflict. Under the Third Geneva Convention of 1949, POWs are the responsibility of the capturing power from the moment of capture, and not of the individual or military units, which actually capture them. POWs must at all times be humanely treated and the Third Convention provides clear rules in relation to their camps, quarters, food and clothing. The principles embodied in the Islamic Law of War also provide a comprehensive framework for the protection of POWs. Nevertheless, there are some important differences between Islamic Law of War and the principles contained in the Geneva Conventions and Hague Regulations, especially in relation to triggering the application of the laws of war and the concept of armed conflict. What is most striking is the similarity in the protection provided by both legal frameworks. However, the single biggest challenge to both regimes remains the implementation of the relevant principles.

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