Third Geneva Convention

The Third Geneva Convention regarded the treatment of prisoners of war. It was adopted in 1929 as an extension to the rights guaranteed by the Hague Convention of 1907. It was revised in 1949, with the modified form adopted on August 12, 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from April 21 to August 12, 1949, and entered into force on October 21 1950.

Those entitled to prisoner of war status include:

• 4A(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, provided that they fulfil the following conditions:

  (a) that of being commanded by a person responsible for his subordinates;

  (b) that of having a fixed distinctive sign recognizable at a distance (although this is not required under the First Additional Protocol);

  (c) that of carrying arms openly;

  (d) that of conducting their operations in accordance with the laws and customs of war.

• 4A(3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
• 4A(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

The exact definition of "lawful combatant" has been subject to a number of discussions in view of a number of public military conflicts in the 2000s, including the U.S. invasions of Afghanistan and Iraq. Because many of the people fighting do not have uniforms it is claimed that they do not display a "fixed distinctive sign recognisable at a distance" are not entitled to the protections of the Geneva Convention as they are not "lawful combatants" (see unlawful combatant). Problems with such distinctions include the status of snipers and special forces, who wear clothing such as Ghillie suits which are specifically intended to prevent identification of them at a distance and who seek to avoid being visible until the time of their attack, but who still want to be considered to be prisoners of war.

Exemptions

There exists exemptions to the Third Convention for "High Contracting Parties" to this convention. In the case of a conflict between a signatory and a non-signatory the signatory shall remain bound until such time as the non-signatory no longer acts under the strictures of the convention.

(Art 2) "...Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof."

Excerpts

• (Art 3): "The wounded and sick shall be collected and cared for." (this is not restricted to prisoners of war)
• (Art 13): "Prisoners of war must at all times be humanely treated."
• (Art 13): "...Prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity."
• (Art 17): "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."
• (Art 25): "Prisoners of war shall be quartered under conditions as favourable as those for the forces of the Detaining Power who are billeted in the same area."
• (Art 27): "Clothing, underwear and footwear shall be supplied to prisoners of war"
• (Art 39): "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."
• (Art 42): "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."
• (Art 69): "Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures."
• (Art 88): "Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank."
• (Art 89): Provides for fines, discontinuance of privileges above those required by the Convention, fatigue duties up to two hours per day and confinement. "In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war."

See also: Geneva Convention