28/02/2019 - International Relations

IAS Parliament 5 years

KEY POINTS

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.

Major provisions of the Convention

· 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.

· This means the IAF officer is a prisoner of war, and his treatment has to be in accordance with the provisions for PoWs under the Geneva Conventions.

· 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.

· Situations of non-international armed conflicts, they include traditional civil wars, internal armed conflicts that spill over into other States or internal conflicts in which third States or a multinational force intervenes alongside the government.

· Article 3 establishes fundamental rules from which no derogation is permitted. It is like a mini-Convention within the Conventions as it contains the essential rules of the Geneva Conventions in a condensed format and makes them applicable to conflicts not of an international character.

Rights entitled to Prisoners of War (PoW)

· 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.