The Geneva Conventions: Prisoners of war

April 2, 1999
Web posted at: 1:32 p.m. EST (1832 GMT)

The Geneva Conventions are a series of treaties signed in Switzerland between 1864 and 1949. The Red Cross regards the Conventions as "central to international humanitarian law" and "the most important international instruments to defend human dignity in war and the most widely ratified treaties in the world."

The international humanitarian law, also know as the law of armed conflicts or the law of war, is the body of rules which, in wartime, protects people who are not or are no longer participating in the hostilities (civilians and the wounded, for example), and limits methods and means of warfare (Source: International Committee of the Red Cross).

The third Convention provides guidelines for the protection of prisoners of war.

Full text of: Geneva Convention Relative to the Treatment of Prisoners of War

Excerpts from Geneva Convention Relative to the Treatment of Prisoners of War:

Prisoners of war must at all times be humanely treated.

...Prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.

No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation....

Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces.

The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances.

The escape of a prisoner of war shall be deemed to have succeeded when:

(1) he has joined the armed forces of the Power on which he depends, or those of an allied Power;

(2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power;

(3) he has joined a ship flying the flag of the Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power.

No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed.

A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.

In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial.

Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities.

Transcript of interview with Amnesty International representative about the Geneva Conventions

Transcript of interview with Red Cross representative about its role