Release and Repatriation of Prisoners of War at the End of Active Hostilities. A Study of Article 118, Paragraph 1 of the Third Geneva Convention Relative to the Treatment of Prisoners of War. By Christiane Shields Delessert. Zurich: Schulthess Polygraphischer Verlag, 1977. Pp. xiv, 225. Sw. Fr.38.

1978 ◽  
Vol 72 (2) ◽  
pp. 429-430
Author(s):  
Waldemar A. Solf
1974 ◽  
Vol 14 (157) ◽  
pp. 191-193

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.


2003 ◽  
Vol 16 (3) ◽  
pp. 525-539 ◽  
Author(s):  
PASCALE CHIFFLET

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.


2020 ◽  
Vol 102 (913) ◽  
pp. 389-416
Author(s):  
Jemma Arman ◽  
Jean-Marie Henckaerts ◽  
Heleen Hiemstra ◽  
Kvitoslava Krotiuk

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.


Author(s):  
Jemma Arman ◽  
Jean-Marie Henckaerts ◽  
Heleen Hiemstra ◽  
Kvitoslava Krotiuk

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


2009 ◽  
Vol 9 (4) ◽  
pp. 623-649 ◽  
Author(s):  
Mohamed El Zeidy ◽  
Ray Murphy

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.


2021 ◽  
pp. 164-172
Author(s):  
Theodor Meron

This chapter addresses the protection of prisoners of war (POWs). Few groups of individuals are more vulnerable and more in need of protection than POWs who have been captured by their enemy or by other hostile actors. All too often, they are mistreated, tortured or even killed by those who have taken them captive or to whom they have surrendered. The Geneva Conventions and especially Common Article 3 have been cited and applied in a multitude of cases by international criminal tribunals. The chapter focuses on the case of the largest murder of POWs in the Yugoslav wars—the Ovčara massacre—a case where the Third Geneva Convention formed the gravamen of the Judgement.


1972 ◽  
Vol 12 (133) ◽  
pp. 196-203

ICRC delegates in India and in Pakistan are working to help prisoners of war in accordance with the provisions of the Third Geneva Convention.


1985 ◽  
Vol 25 (249) ◽  
pp. 337-363 ◽  
Author(s):  
Françoise Krill

Since the number of women who actually participated in war was insignificant until the outbreak of World War I, the need for special protection for them was not felt prior to that time. This does not imply however that women had previously lacked any protection. From the birth of international humanitarian law, they had had the same general legal protection as men. If they were wounded, women were protected by the provisions of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field; if they became prisoners of war, they benefited from the Regulations annexed to the Hague Conventions of 1899 and 1907 on the Laws and Customs of War on Land.


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