Introduction:
At first glance, prisoners (or) inmates can be seen as merely a product of war. One might say, kidnapping serves as a temporary situation in the case of a dedicated soldier or soldier who is not strong enough to present in a war zone or a besieged city, sometimes followed by a series of murders, slavery, or ransom, in parole, or exchange for prisoners taken by an opponent.
According to Geoffrey Best, prisoners of war have been part of a series of International Labor Laws (s) since 1950. Armed groups have consistently exploited the weaknesses of prisoners of war and the intrusion of its object (s) into the interests of their political interests.
In line with the increased importance of numerical names and the higher level, the problem of prisoners (inmates) and inmates in many ways is a belt where general research-related research problems are identified. First, the situation of prisoners and prisoners is seen as a test of compliance with cultural, legal, and ethical principles aimed at minimizing the effects of war. Second, the case of prisoners of war tells us something about the success and progress of such a relief project.
Who are prisoner(s) of war?
Prisoners of war, in the understanding of the existing Treaty, are persons of the following class who have befallen into the power of the enemy:
Article 4 of the Geneva Convention III
- Members of the armed forces of the Conflict Party as well as members of the military or volunteer forces form part of the armed forces.
- Members of other armed forces and members of other volunteer forces, including members of the opposition, members of the armed forces and who work within or outside their territories, whether the area is populated, as long as the military or voluntary forces, including such organized movements, achieve the following conditions: that of being instructed by his subordinates and that of having a distinctive distinguishing mark that is visible from far away to carry weapons in public; to perform their services in accordance with the laws and customs of war;
- Ordinary members of the armed forces claim to be submissive to a government or authority unknown to Detaining Power.
- Non-military personnel, such as members of the military aviation, military recruits, feed contractors, trade union members, or members of the armed forces, as long as they receive authorization from the armed forces accompanying them, who will issue such an ID card.
- Staff members, including chiefs, pilots and interns, naval operators, and Civil Aviation personnel in the war, who do not benefit from good management under any of the other provisions of international law.
- Inhabitants of a densely populated area, who, when approaching an enemy, immediately take up arms against the invading forces, without having time to set themselves up as a regular unit, as long as they carry arms openly and respect the laws and customs of war.
Article 43 of the Additional Protocol I
The Armed Forces of the Opposition are made up of all armed forces, factions, and units under the command of that party for the conduct of its subordinates, whether that party is represented by a government or an unknown authority from the opposition party. Such armed forces will be subjected to an internal disciplinary process, ‘among other things, that will strengthen compliance with international military law.
Article 44 of the Additional Protocol I
As defined in Article 43, any person who fights falls into the hands of the wrong party and becomes a prisoner of war. It also states that violations (of the laws) of international law dealing with (human) armed conflicts will not reduce the status of a military or Prisoner of War. However, if a soldier does not isolate himself during military service in terms of Article 44, he will lose his right to be a Prisoner of War.
How are prisoner(s) in war used?
Taking prisoners has many military benefits, the most obvious of which are the benefits of strategies obtained by reducing the opposition of workers and increasing personal profits in terms of military numbers. This benefit could even be increased by inviting captives to join their armed forces. Besides, the capture of prisoners affects the opponent’s behavior and the behavior of his soldiers. At the very least, (prisoners) are a potent source of military intelligence. However, there are no military reasons for taking prisoners, suggesting that arresting prisoners is equally helpful.
On the other hand, prisoners of war turn into trammels and/or luggage, sometimes. They need protection and care that can be a great challenge in difficult situations or when support is weak. In the old days, prisoners in those conditions were usually a condition permitted by the military. Releasing prisoners or exchanging or enslaving them, any of these are just some of the ways to avoid detection.
Law of War or The Law of Armed Conflict
Human Land Law is known as the Law of War or the Law of War. International Humanitarian Law is a set of laws that seeks, for practical reasons, to limit the effects of war. In addition, International Humanitarian Law is a set of laws that govern the conduct of warfare and thus protect individuals (people) who are no longer participating in the war. It is important to note that International Humanitarian Law is specialized, which means that it is designed to handle certain topics.
IHL as a Branch of International Law
International law can be broadly defined as a legal body that regulates legal relations between or between members of the international community – International and international organizations. International law maintains a structure that is fundamentally different from the law of the municipality or the national law of the State concerned. The main difference is that international law is a law based on an agreement reached by the States concerned, where the by-law is enacted by the governments of the concerned states and made binding on its citizens. International law, therefore, binds countries only if they agree to it, except in the case of Customary International Law and Jus Cogens.
Therefore, there are two ways in which the International Welfare Act applies, which can be understood by the introduction below:
Protection of Prisoners of War
Prisoners of War, as stipulated under Article 4 of the Geneva Convention and Article 44 of the Extraordinary Agreement, I have the right to protection and treatment. Prisoners of War are given this special status to ensure that soldiers serve in the interests of their country, and once they are out of the war, they are entitled to protection. The provisions of the International Social Welfare Act set out certain rules for the treatment of prisoners of war. Article (s) of the Geneva Convention III 143 requires that prisoners of war be treated fairly, adequately cared for, and provided adequate food, clothing, and medical care. Its provision also establishes labor guidelines, disciplinary, recreational, and criminal cases.
General Protection of Prisoners of War
It should be noted that prisoners of war are in the hands of the enemy, but not by individual units or the soldiers they have captured. Prisoners of War should always be treated humanly. Any unlawful act or omission by Detaining power that results in death or endangers the life of a prisoner of war, including incarceration or medical or scientific examination of any kind that is not permitted by the medical personnel, dentist, or hospital of the prisoner concerned and is carried out for its intended purpose. As a serious violation of the International Assistance Act. Measures to punish prisoners of war are not allowed.
Prisoners of War are allowed in all circumstances to respect their people and their dignity. Women will be treated with all due respect for their time, and in all cases, they will benefit from being treated in the same way as men. Prisoners of War will retain the full potential of the community they enjoy during their detention.
The State Prisoners’ Union will be obliged to provide free medical care and health care. All prisoners of war will be treated equally regardless of race, nationality, religion or political opinion, or any other distinction based on the same principles.
Conclusion
When asked about this matter, every prisoner of war will surely give only their surname, name and rank, date of birth, army, status, personal or physical or mental status, and they cannot say who they are. They will be given More than medical. No physical or mental abuse, or any other form of coercion, may be imposed on a Military Prisoner to obtain information of any kind or anything. A prisoner of war who refuses to respond may be threatened, insulted, or exposed to any unpleasant or unkind treatment of any kind.
Authorities and prisoners of equal status should be treated fairly because of their rank and age. The personalities of the Military Prison will remain in possession of a War prisoner, including their helmets and helmets and articles such as those issued for their protection. Only weapons, including arms, military equipment, and withdrawal items of value from the Military Prison, are set aside for large sums of money seized to work.
The gripping force could restrict the freedom of movement of a War prisoner within the confines of the Prisoner of War camp. A Prisoner of War may be released in whole or in part by amnesty or by promise, as permitted by the laws of the power they rely upon. No prisoner of war at any time may be sent or kept in places where they may be exposed to the fire of a battlefield, and their presence may be used to provide points or specific areas of immunity from military operations.
References:
- Gurmeet Singh Jaggi, All about POW, Latest Laws, (28 May, 2020), https://www.latestlaws.com/articles/all-about-prisoners-of-war-protection-of-human-rights-and-international-conventions/
- Oxford, Prisoners of War, Encyclopedia.com, (19 February, 2021), https://www.encyclopedia.com/social-sciences-and-law/law/international-law/prisoners-war
- Nirupama Subramanian, Explained: How a Prisoner of War must be treated, The Indian Express, (28 February, 2019), https://indianexpress.com/article/explained/how-a-prisoner-of-war-must-be-treated-geneva-convention-iaf-officer-abhinandan-5603953/
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