Rights of

Prisoners of
War

Ovi Acharjee,
Department of Law, SUB
Member, Monitoring Panel, SUBMCS,
 First
Geneva Convention

Convention (I) for the betterment of the Condition

of the Wounded and Sick in Armed Forces in the
Field.

• The first convention protects injured and sick

soldiers and also protects the soldiers who are
hors de combat (out of the battle).
• It guarantees humane treatment, medical care
and protection from violence including murder
and torture.
• It ensures the collection of the sick, injured and
dead while protecting medical personal and
facilities

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 Second
Geneva Convention

Convention (II) for the betterment of the

Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea.
• The second convention adapts the first to
armed forces at sea : injured, sick and
shipwrecked.

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 Third
Geneva Convention

Convention (III) relative to the Treatment of

Prisoners of War. Geneva, 12 August 1949.

• The third convention protects prisoners of war.

• It mentioned, POWs must be treated humanely and
notably never be murdered or tortured.
• They must not be subjected to sexual violence.
• Women and other POWS facing risks benefit from
specific protections.
• POWS must be provided with adequate food, water
clothing, shelter and medical attention.
• They must be allowed to write home, to be visited by the
International Committee of the Red Cross( ICRC) and be
released without delay after the cessation of active
hostilities.

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 Fourth
Geneva Convention

Convention (IV) relative to the Protection

of Civilian Persons in Time of War.
Geneva, 12 August 1949.
• The fourth convention protects civilians,
particularly those in the hands of adversary.
• Protected civilians must be treated humanly
and acts such as murder or torture are never
permitted.
• They must not be subjected to sexual
violence.
• Women and children facing risks will get
benefit from specific protections.
• They must be provided with adequate food,
water clothing, shelter and medical attention

There additional protocols widen the conventions’ safeguards. 5

 Third
Geneva Convention

Who are prisoners of war ?

Article 4 of the convention provided that, A combatant
who falls into the hands of an adverse party to a
conflict in the course of an international armed
conflict is a prisoner of war. Individuals who fall into the
hands of the enemy during an armed conflict are
protected under humanitarian law. If the individual is a
combatant, he or she is accorded protection as a
prisoner of war. If the individual is a civilian, he or she
is protected as such.

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 Article 4
• Geneva Convention relative to the Treatment of Prisoners of War
A member of the armed forces of a nation who is
taken by the enemy during combat, under the
Third Geneva Convention, a person is a prisoner
of war if he or she falls in one of the following
categories:
1.a member of the armed forces of a party to the
conflict or of a militia or volunteer corps that is
part of the armed forces;
2. a member of another militia or volunteer corps
who is a lawful combatant;
3.a member of regular armed forces who profess
allegiance to a government or authority not
recognized by his or her captor;
4.a person who accompanies the armed
forces but is not a member of it, provided
they have proper authority to accompany it;
5.members of the merchant marine and
crews of civil aircraft who do not fall under
more favorable designations under
international law;
6.inhabitants of territory facing approach of
the enemy who spontaneously resist
invasion and carry arms openly and respect
the laws of war.
7.persons belonging or having belonged to
the armed forces of an occupied country who
were liberated but have been confined
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especially when they have tried to rejoin the
armed forces or have not complied with a
summons attempting to confine them;
 Article 4
• Geneva Convention relative to the Treatment of Prisoners of War

8. persons falling under any of the

categories of those entitled to treatment as
prisoners of war who are received by neutral
countries that are required to confine them
by international law, with certain exceptions
specified in the Convention.

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Definition of “a prisoner of war” Under The 1977 Additional Protocol I
• The 1977 Additional Protocol I expanded the definition of a
prisoner of war to take into consideration the evolving notion
of “combatants,” tied to new military techniques. Under the
new definition, prisoner-of-war status may also be granted to
armed groups that do not formally belong to regular armed
forces (API Arts. 43, 44) and to those—including civilians—
who take part in the conflict. The extended definition of armed
forces and combatant includes:
• The armed forces of a Party to a conflict consist of all
organized armed forces, groups and units which are under a
command responsible to that Party for the conduct or its
subordinates, even if that Party is represented by a
government or an authority not recognized by an adverse
Party.
• Such armed forces shall be subject to an internal disciplinary
system which, inter alia , shall enforce compliance with the
rules of international law applicable in armed conflict.
• Members of the armed forces of a Party to a conflict (other
than medical personnel and chaplains covered by Article 33 of
the Third Convention) are combatants, that is to say, they
have the right to participate directly in hostilities. (API Art. 43)
• Therefore, both combatants and civilians directly taking part
in a conflict may claim prisoner-of-war status and the
protection attached to it.
• A person who takes part in hostilities and falls into the
power of an adverse party shall be presumed to be a
prisoner of war. The individual will be afforded protection
under the Third Convention if he claims the status of
prisoner of war, if he appears to be entitled to such status,
or if the party on which he depends claims such status on
his behalf by notifying the detaining Power or the Protecting
Power [ICRC]. Should any doubt arise as to whether any
such person is entitled to prisoner-of-war status, he shall
continue to have such status and, therefore, to be protected
by the Third Convention and this Protocol until such time as
his status has been determined by a competent tribunal.
(API Art. 45.1)
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Rights of “a Prisoners of War”
1.Protection Granted to Prisoners of War at
the Moment of Their Arrest
A. The Third Geneva Convention of 1949 has protected
prisoners of war. It has made it clear at the beginning of
the imprisonment, which is “The time when the prisoner
falls under the control of the enemy state”,( Art-5) i.e.,
from the moment the prisoner is arrested by an
individual or a military unit belonging to the Detaining
Power.
B. The Detaining Power must remove the prisoners as
soon as possible to camps far from the combat zone
so that they are safe from danger and do not remain in
the danger zone even if temporarily unless the
transfer puts them at a greater risk.(Art-19)
C. Transfer of the prisoners of war must be done
humanely, not endangered and the Detaining Power
should provide the transferred prisoners of war with
drinking water, food, clothing, health care and collect
personal data on transferred prisoners of war.(Art-20)
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Rights of “a Prisoners of War”
2.The Protection Afforded to Prisoners of War During
the Inspection and Interrogation Process
A. International custom has granted the Detaining Power
the right to inspect prisoners to seize items of military value,
such as weapons, ammunition, maps, reconnaissance
tools, military documents, etc. These matters are
considered war booty, therefore, the Detaining Power has
the authority to confiscate these items except for protective
equipment, such as metal helmets and other personal
protection. Prisoners of war keep all their personal tools
and the Detaining Power must provide identity documents
to all prisoners and are not allowed to withdraw military
ranks, medals, money, and valuables held by detainees
without receiving a receipt. (Art-18)
B. Prisoners of war may not be physically or morally
tortured while obtaining information from them during
interrogation. The interrogation of the prisoners must
be conducted in a language they understand and
prisoners of war who are unable to provide information
about their identity due to their physical or mental
condition must be handed over to the Medical
Services Department.(Art-17) Third Geneva
Convention states in Article 3 of paragraph A:
“violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture”.Art-3(1)
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(A)
Rights of “a Prisoners of War”

3. The Rights of Prisoners During Confinement

. The Right to Humane Treatment B. Under Article 11 of the First Additional Protocol of
1977, it is prohibited to subject the wounded, sick, and
A. Prisoners must always be treated humanely and any
distressed at seas to any medical procedure that is
negligence by the Detaining Power is a violation of the
not required by their health condition. The article also
provisions of the Third Geneva Convention. Prisoners
excludes blood donation and skin tissue donation for
may not be subjected to medical and scientific
transplantation, provided that this is done with the
experiments, in addition to the sanctity of prisoners’
consent of the prisoner without coercion or threat and
bodies, thus preventing humiliation with their bodies
for therapeutic purposes only. Therefore, it is clear
and the Detaining Power is not entitled to do anything
that the Third Geneva Convention and the First
that does not serve the interests of the prisoner.( Art-
Additional Protocol have denied any reprisals against
13)
all categories of protected persons who are under the
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authority of the hostile State for any reason.

Rights of “a Prisoners of War”

C. Prisoners of war have the right to respect their personality

and honour in all cases. Women prisoners should also be
treated differently from male prisoners by considering their
gender, endurance and placing them in comfortable
detention and free of men. (Art-14)

D. the Detaining Power must ensure the implementation of

equality to all prisoners without discrimination between
prisoners on the basis of race, sex, religion, colour, or other
criteria, because the conditions of prisoners are equal, thus
that equality does not affect respect for military ranks,
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sanitary conditions, age or professional qualifications of
some prisoners.(Art-16)
Rights of “a Prisoners of War”
4.The Right to Medical Assistance, Adequate
Shelter, Food and Clothing
A. The Detaining Power should provide adequate food
and clothing for prisoners and free medical care
required by their specific health condition. (Art-15)
B. The states are committed to applying all necessary
health measures to keep the prison camps clean and
healthy. The place should also be free from diseases
and prisoners of war must have clean sanitation
facilities. They must be provided with the necessary
tools to clean their bodies and wash their clothes. (Art-
29)
C. The right to shelter requires the Detaining Power to provide
appropriate conditions for prisoners in the prison areas, taking into
account the customs and traditions of prisoners, provided that
these places are protected from moisture with adequate light,
warmth and take all means to prevent the dangers of fire. Women,
on the one hand, should be placed separately from men. (Art-25)
D. The right to food requires daily basic meals provided to
prisoners that must be sufficient, of good quality, and healthy to
maintain the health of prisoners, providing adequate amounts of
drinking water and usable water. In the events where prisoners
are involved in preparing most of their own food, they can be
employed in the kitchens provided with designated dining areas.
The Detaining Power is not entitled to use food as a means of
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discipline or punishment.( Art-26)
Rights of “a Prisoners of War”

E. The right to adequate clothing requires the Detaining

Power to provide prisoners with clothes commensurate
with the nature of the climate in the area where the
prisoners are held, the obligation to replace the clothes
of prisoners of war that are regularly damaged, and to
provide prisoners working inside the prison with special
clothing for their work. ( Art-27)

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Rights of “a Prisoners of War”

5.The Right to Practice Religious, Educational,

Recreational, and Sports Activities

A. The Detaining Power must allow prisoners of war to practice

their religious observance freely, provided that they do not
deviate from the regime set by the military authorities. There
must be suitable places for religious ceremonies and the
clerics detained with other prisoners must be allowed to hold
religious rites among prisoners of the same faith and to
distribute prisoners to camps according to the prisoners’ faith
and language.(Art34,35)

B. It also encourages prisoners of war to participate in

activities that will fill their free time, take all measures to ensure
the exercise of these activities, and provide the prisoners with 16

the necessary tools and places for such activities.( Art-38)

Rights of “a Prisoners of War”
6. The Right of Prisoners to Contact with the Outer
World

A. The Detaining Power must allow prisoners to send

and receive messages and can determine this
correspondence by allowing at least two or four
postcards monthly. These cards have to be identical to
the local forms of the Geneva Convention. The
prisoners who have not received news about their
families for a long time and whose families cannot send
a postcard shall be allowed to send telegrams on their
account.( Art-71)

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Rights of “a Prisoners of War”

7. The Right of Prisoners to Fair Trial

B. whether he can appeal, reject the appeal, or
A. The Detaining Power must allow the prisoners to assist each
claim for revision of the judgment. Accordingly, the
other, choose a lawyer to defend them, and use the qualified
prisoner must be informed of the verdict in a
interpretation services so that the prisoners can understand the
language he or she understands, and if the prisoner
lawyer’s language and they must be informed of those rights
is not present at the time of sentencing, the
before the trial begins. If a prisoner does not choose a lawyer to
Detaining Power must inform the Protecting Power
defend him or her, the Detaining Power does this task and
of the prisoner of war and decide whether to use his
provides a lawyer on his/her behalf. The lawyer defending the
right to appeal or not.( Art-106,107).
prisoner is granted at least two weeks from the start of the trial,
has the right to visit and speak freely with the accused without
the presence of an observer, and has the right to speak with all
witnesses of innocence including prisoners of war. The lawyer
can benefit from these facilities until the expiry of the appeal. In
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the event of a verdict, the Detaining Power must inform the
lawyer and indicate
Rights of “a Prisoners of War”

8. Right to take defence

A. The prisoner of war shall be entitled to assistance by

one of his prisoner comrades, to defence by a qualified
advocate or counsel of his own choice, to the calling of
witnesses and, if he deems necessary, to the services
of a competent interpreter. He shall be advised of these
rights by the Detaining Power in due time before the
trial.(Art-105)

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Summary of the Rights of “a Prisoners of War”

1. Protection Granted to Prisoners of War at the Moment of

Their Arrest.

2. The Protection Afforded to Prisoners of War During the

Inspection and Interrogation Process.

3. The Rights of Prisoners During Confinement.

4. The Right to Medical Assistance, Adequate Shelter, Food

and Clothing.

5. The Right to Practice Religious, Educational,

Recreational, and Sports Activities.

6.The Right of Prisoners to Contact with the Outer World.

7. The Right of Prisoners to Fair Trial. 20

8. Right to take defence.

QUESTIONS AND ANSWERS
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 THANK YOU!

Email :
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