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Women must be treated with due regard to their specific needs and must benefit from treatment as favorable as that granted to men (GCIII Art. The 1977 Additional Protocol I strictly defines mercenaries. Armed conflicts are a sad reality in our contemporary world. (GCIV Art. 524-553. The Third Geneva Convention and Additional Protocol I stipulate that where doubt arises as to whether somebody is entitled to the status of prisoner of war, status shall be determined by a competent tribunal, and not by the detaining power. Let us, however, underline that legal rules alone are unable to cope with the real problems caused by armed conflicts. Once prisoners of war are in the hands of the adversary, they are particularly vulnerable to acts of revenge, pressure, and humiliation. . 45.1–3). The specific category of protected persons is one that one applies in situations of international armed conflict, and applies to situations when the person is under the authority of the warring state. Captured combatants and other persons whose freedom has been restricted shall be treated humanely. Whereas the general principles mentioned above are common to the law on all types of armed conflict, there are two different sets of specific rules: one for international armed conflicts and another for non-international armed conflicts (or civil wars). However, combatant status does not automatically cover all persons who have participated in hostilities (which may include civilians, mercenaries, or child soldiers), especially in internal armed conflicts. —The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give. Accepted as they are by the whole community of nations, they have become truly universal law. 109–117). History of International Humanitarian Law International humanitarian law is founded on the principles of humanity, impartiality and neutrality. The Third Geneva Convention defines the categories of persons who are entitled to prisoners of war status: —Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. Returning to the question of implementation of humanitarian law by parties to an armed conflict, it should be emphasized that States do not exist in a vacuum; they are part of the community of all States party to the humanitarian treaties. ▸ Combatant ▸ Espionage ▸ Fundamental guarantees ▸ Mercenaries. Certain prisoners of war accommodated in a neutral country can be directly repatriated following their treatment, under an agreement between the powers concerned, if: —their state of health has deteriorated so as to fulfill the conditions laid down for direct repatriation; —their mental or physical powers remain considerably impaired, even after treatment. International humanitarian law also extends the right to the status of prisoner of war to those taking part in a levée en masse - the inhabitants of a non-occupied territory which spontaneously take up arms at the approach of the enemy to resist the invasion, without having had time to organize themselves - if they carry their arm … Individuals who fall into the hands of the enemy during an armed conflict are protected under humanitarian law. Under Protocol I of 8 June 1977, wars of national liberation must also be treated as conflicts of an international character. During an armed conflict, an individual who directly participates in the hostilities and falls into the hands of the enemy will enjoy protection under the Third Convention until such time that his or her status is determined by a competent independent and impartial tribunal, according to the rule of law (GCIII Art. Doctors without borders - All rights reserved, Situations and persons not expressly covered by humanitarian law, The Third Geneva Convention of 1949 specifically regulates the treatment of prisoners of war, the definition of which is derived from the definition of combatant (GCI–III). They regulate the validity of individual wills, notification of death certificates, the right to individual burial, and the obligation of the detaining power to investigate any death the cause of which is suspect. Such armed forces shall be subject to an internal disciplinary system which, 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. International armed conflicts are conflicts between States. 45). the creation of the Red Cross, with the International Committee of the Red Cross (ICRC) as its first institution established in 1863 in Geneva. Prisoners of war may be questioned; however, no physical or mental torture, nor any other form of coercion, may be inflicted on them to secure information of any kind. In 1977, the definition of a prisoner of war that had been established in 1949 was expanded to take into consideration the evolving notion of “combatants,” tied to new military techniques. The following shall likewise be treated as prisoners of war under the present Convention: 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. Sexual violence against detainees is a persistent issue in both international and non-international … In other words, humanitarian law is a specialized body of human rights law, fine tuned for times of armed conflict. This holds particularly true for the obligation to make grave breaches of international humanitarian law (commonly called " war crimes " ) crimes under domestic law. Persons not granted combatant or prisoner-of-war status will be treated as civilians. A mere glance at the newspapers or a world map reveals, however, that conflicts between States are today the exception rather than the rule. 44.4). Additional Protocol I also establishes guarantees to prevent the status from being denied to a person who is entitled to it. Customary International Law . the political rights of individual persons). The Geneva Convention III 143 Article (s) require that Prisoners of War be treated humanely, adequately housed and receive sufficient food, clothing and medical care. Spies may not benefit from prisoner-of-war status if they act without wearing the uniform of their armed forces (API Art. Therefore, such obligation does not include the duty to wear uniform and distinct insignias; it may be enough to openly carry arms when engaged in a military operation. 29). Further guarantees grant the protection afforded to prisoners of war even to those who may not directly enjoy the prisoner-of-war status. Parties to a given humanitarian treaty have to comply with obligations arising out of that treaty, whereas all States have to respect provisions that are part of customary law. Yet the International Committee's mandate is international, and the whole world is its field of action. 8–10). Prisoners’ relations with the exterior are regulated by Articles 69 to 77. 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 parties to the conflict commit to setting up information bureaus that will gather information and organize relief actions relating to prisoners of war (GCIII Arts. Prisoners are also allowed to receive individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies, and articles of a religious, educational, or recreational character, under the ICRC’s supervision. A combination of international humanitarian law and action by the parties to an armed conflict, by the Red Cross and Red Crescent Movement and by the community of States, by non-governmental organizations and by all persons of good will is needed to bring about better protection for the vulnerable victims of warfare. However, in certain situations—namely, in non-international armed conflicts—the benefits of reciprocity are not always sufficient to prevent ill treatment. the armed forces have to respect humanitarian law in their dealings with the enemy (and not in the relations with their own nationals). Humanitarian law does the same in times of armed conflict. The Conventions furthermore require that each party to an international armed conflict designate a third (neutral) State as a Protecting Power . It tries to ascertain that capture and detention are not used as an occasion for revenge, ill treatment, or torture of prisoners of war to obtain information. 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