War & law

Prisoners of war and detainees

The third Geneva Convention provides a wide range of protection 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 persons deprived of liberty as a result of armed conflict. Read full overview

Highlights

Treaty law

Customary law

Reference documents

Analysis

Military uniforms and the law of war

The author first studies the wearing and the functions of military uniforms throughout history to then shed light on the legal issues raised. Discussing the legal framework of the use of uniforms and its ramifications in more detail, he contributes to the debates on the consequences of the lack of wearing a military uniform in contemporary armed conflicts, and the link with the granting of prisoner of war status to members of the armed forces of a Party to a conflict failing to wear uniforms in combat.

31-03-2004 | International Review of the Red Cross | Toni Pfanner
Doubtful prisoner-of-war status

This article explores how doubt over prisoner-of-war status may arise and how issues relating to the determination of status should be resolved according to the Third Geneva Convention. In this context, a State's obligations in cases of "doubtful" status are examined, as are the minimal requirements of a "competent tribunal".

30-09-2002 | International Review of the Red Cross | Yasmin Naqvi
The legal situation of "unlawful/unprivileged combatants"

Given that people unlawfully taking part in hostilities are not entitled to protection under the Third Geneva Convention relative to prisoners of war, the author focuses on the controversially debated question of whether "unlawful combatants" fall into the personal scope of application of the Fourth Geneva Convention of 1949.

31-03-2003 | International Review of the Red Cross | Knut Dörmann
Procedural principles and safeguards for internment/administrative detention in armed conflict and other situations of violence

The commentary to the procedural principles and safeguards outlined in this text mentions the different legal sources governing deprivation of liberty for security reasons in international armed conflicts, non-international armed conflicts and other situations of violence.

30-06-2005 | International Review of the Red Cross | Jelena Pejic