International law and prisoners of war: Difference between revisions
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International regulations related to prisoners of war. | International regulations related to prisoners of war. | ||
International humanitarian law is a branch of international law that defines the rules governing the conduct of warring parties in terms of the use of weapons and the protection of civilians, the wounded and prisoners of war. Regulations on how to treat prisoners of war and support them, in its current form and in the form of international documents, is an important human achievement with historical roots, and especially the teachings of divine religions is one of its major components. This situation has developed gradually. In ancient and medieval times, prisoner of war did not have the meaning it has today, in those days prisoners of war were placed at the disposal of the captor or the military authorities of the captor country in terms of life and money. But today, according to international law, the captive is not in the hands of the individual or military captor, but in the hands of the government, and he must be responsible for the captive's situation. History speaks of the bitter fact that the treatment of the Europeans towards the captives of the crusades was accompanied by torture and abuse. On the contrary, the history of Islam is full of chapters and events that show the kind and humane behavior of Muslim captors towards their foreign non-Muslim captives | International humanitarian law is a branch of international law that defines the rules governing the conduct of warring parties in terms of the use of weapons and the protection of civilians, the wounded and prisoners of war. Regulations on how to treat prisoners of war and support them, in its current form and in the form of international documents, is an important human achievement with historical roots, and especially the teachings of divine religions is one of its major components. This situation has developed gradually. In ancient and medieval times, prisoner of war did not have the meaning it has today, in those days prisoners of war were placed at the disposal of the captor or the military authorities of the captor country in terms of life and money. But today, according to international law, the captive is not in the hands of the individual or military captor, but in the hands of the government, and he must be responsible for the captive's situation. History speaks of the bitter fact that the treatment of the Europeans towards the captives of the crusades was accompanied by torture and abuse. On the contrary, the history of Islam is full of chapters and events that show the kind and humane behavior of Muslim captors towards their foreign non-Muslim captives<ref>Ziyai Bigdali, Mohammad Reza (2012). Islam and international law. Tehran: Ganj Danesh, p.194-201.</ref>. Our prophet`s initiative in the first battle of Muslims, specifically, setting captives free on the stipulation that they would teach Muslims how to read and write, exemplifies the above-mentioned fact. However, the movement to prepare international documents for the protection of prisoners of war began in the contemporary era of European civil wars with the help of the Red Cross humanitarian movement and philanthropists such as Henri Dunant of Switzerland, and was followed by the global movement of the Red Cross and Red Crescent societies. . The start of both the first and second world wars in Europe and the indescribable both financial and moral losses, including the captivity of millions of people in these wars, provided the intellectual and practical grounds for welcoming this humanitarian movement. | ||
== Legal resources == | |||
The rules of dealing with prisoners of war, which had historical roots and were often in use as conventions, have been specified in the form of international documents, the most important of which are as follows: | The rules of dealing with prisoners of war, which had historical roots and were often in use as conventions, have been specified in the form of international documents, the most important of which are as follows: | ||
| Line 17: | Line 14: | ||
- A set of conventional rules of international humanitarian law (Rules 118 to 128), compiled by a panel of experts in international humanitarian law under the auspices and supervision of the International Committee of the Red Cross. | - A set of conventional rules of international humanitarian law (Rules 118 to 128), compiled by a panel of experts in international humanitarian law under the auspices and supervision of the International Committee of the Red Cross. | ||
The concept of a prisoner of war | == The concept of a prisoner of war == | ||
According to Article 2 of the Third Geneva Convention, this document is dedicated to international hostilities, i.e. military conflicts between states, as a result, prisoners of war who enjoy the protection of this treaty and other Geneva documents are only combatants detained in international hostilities. Therefore, prisoners of war in internal armed conflicts are not regarded as prisoners of war and are under the protection of the internal laws of the country of conflict, international human rights , conventional rules and humanitarian principles. Of course, military conflicts in which liberation movements participate on behalf of a nation to fulfil its destiny and terminate colonialism or military occupation or racial discrimination are considered instances of an international conflict (Paragraph 4 of Article 1 of the 1st Additional Protocol of 1977). And the fighters arrested in this type of conflict are considered prisoners of war. According to Article 4 of the Third Geneva Convention of 1949 and Articles 43 and 44 of the First Additional Protocol of 1977, the following persons who fall into the hands of the enemy are prisoners of war<ref name=":0">International Committee of the Red Cross, Basic Rules of the Geneva Conventions of 1949 and Additional Protocols of 1977 (2010), Hajar Siah Rostami (translator),Secretariat of the National Humanitarian Rights Committee, Tehran.</ref>: | |||
According to Article 2 of the Third Geneva Convention, this document is dedicated to international hostilities, i.e. military conflicts between states, as a result, prisoners of war who enjoy the protection of this treaty and other Geneva documents are only combatants detained in international hostilities. Therefore, prisoners of war in internal armed conflicts are not regarded as prisoners of war and are under the protection of the internal laws of the country of conflict, international human rights , conventional rules and humanitarian principles. Of course, military conflicts in which liberation movements participate on behalf of a nation to fulfil its destiny and terminate colonialism or military occupation or racial discrimination are considered instances of an international conflict (Paragraph 4 of Article 1 of the 1st Additional Protocol of 1977). And the fighters arrested in this type of conflict are considered prisoners of war. According to Article 4 of the Third Geneva Convention of 1949 and Articles 43 and 44 of the First Additional Protocol of 1977, the following persons who fall into the hands of the enemy are prisoners of war: | |||
- Members of the armed forces and volunteers who are among the aforementioned armed forces. | - Members of the armed forces and volunteers who are among the aforementioned armed forces. | ||
| Line 43: | Line 39: | ||
- A person who takes part in war and yet, is not regarded as a prisoner of war, should enjoy the basic rights of respect concerning human character, in addition to the rights stated in the 4<sup>th</sup> convention. | - A person who takes part in war and yet, is not regarded as a prisoner of war, should enjoy the basic rights of respect concerning human character, in addition to the rights stated in the 4<sup>th</sup> convention. | ||
== Supporting prisoners of war == | |||
Supporting prisoners of war | The general lines of protection for prisoners of war based on the Third Geneva Convention and the First Additional Protocol of 1977 are as follows<ref name=":0" />: | ||
The general lines of protection for prisoners of war based on the Third Geneva Convention and the First Additional Protocol of 1977 are as follows: | |||
- Prisoners of war are at the disposal of the enemy government, not at the disposal of the persons or forces that captured them. Therefore, regardless of any personal responsibility that may exist, the detaining government is responsible for the treatment of the prisoners in question. | - Prisoners of war are at the disposal of the enemy government, not at the disposal of the persons or forces that captured them. Therefore, regardless of any personal responsibility that may exist, the detaining government is responsible for the treatment of the prisoners in question. | ||
| Line 68: | Line 62: | ||
- Treating captives with an egalitarian attitude regardless of race, nationality, religion, political convictions, and the like, unless there are advantages involving the rank and gender of the captives (Article 16 of the Third Geneva Convention). | - Treating captives with an egalitarian attitude regardless of race, nationality, religion, political convictions, and the like, unless there are advantages involving the rank and gender of the captives (Article 16 of the Third Geneva Convention). | ||
Conditions of keeping prisoners of war | == Conditions of keeping prisoners of war == | ||
- The detaining government is responsible for the maintenance and welfare of prisoners free of charge. Having adequate shelter, food and clothing and medical care (Article 15 of the Third Geneva Convention). | - The detaining government is responsible for the maintenance and welfare of prisoners free of charge. Having adequate shelter, food and clothing and medical care (Article 15 of the Third Geneva Convention). | ||
| Line 84: | Line 77: | ||
- The prisoners have the right to refer their complaints and requests to the representatives of the supporting forces, such as the representatives of the International Committee of the Red Cross, who visit their camp, or to talk and negotiate directly or through their representatives (Article 78 of the Third Geneva Convention) | - The prisoners have the right to refer their complaints and requests to the representatives of the supporting forces, such as the representatives of the International Committee of the Red Cross, who visit their camp, or to talk and negotiate directly or through their representatives (Article 78 of the Third Geneva Convention) | ||
Military rules and regulations | == Military rules and regulations == | ||
According to Article 82 of the Third Geneva Convention, prisoners of war shall be subjected to the laws, regulations and order implemented by the armed forces of the detaining government. Therefore, disciplinary punishments are applied by the commander of the detention center and according to the prevailing military regulations. However, judicial punishments must be enforced by a military court with procedural guarantees that respect the judicial rights of prisoners being trialed, including the right of defense. | According to Article 82 of the Third Geneva Convention, prisoners of war shall be subjected to the laws, regulations and order implemented by the armed forces of the detaining government. Therefore, disciplinary punishments are applied by the commander of the detention center and according to the prevailing military regulations. However, judicial punishments must be enforced by a military court with procedural guarantees that respect the judicial rights of prisoners being trialed, including the right of defense. | ||
== Death of a prisoner of war == | |||
Death of a prisoner of war | |||
In case of death of a prisoner of war, burial conditions should be respected and if possible the prisoner of war in question should be buried according to his religious principles and his grave should not be violated. The deceased prisoner's information should be recorded and his grave should bear signs enabling his descendants to find it readily. | In case of death of a prisoner of war, burial conditions should be respected and if possible the prisoner of war in question should be buried according to his religious principles and his grave should not be violated. The deceased prisoner's information should be recorded and his grave should bear signs enabling his descendants to find it readily. | ||
Release and return of captives | == Release and return of captives == | ||
Prisoners of war, who are seriously ill or wounded according to the doctor's opinion, should be sent directly to their country; According to Article 118 of the Third Geneva Convention, prisoners of war must be released and returned to their country immediately after the end of active hostilities. All the same, in most wars, prisoners of war have remained in prison camps long after the end of the war; What's more, there are always issues and differences between the governments of the warring parties beyond the release of captives. | Prisoners of war, who are seriously ill or wounded according to the doctor's opinion, should be sent directly to their country; According to Article 118 of the Third Geneva Convention, prisoners of war must be released and returned to their country immediately after the end of active hostilities. All the same, in most wars, prisoners of war have remained in prison camps long after the end of the war; What's more, there are always issues and differences between the governments of the warring parties beyond the release of captives. | ||
== National implementation of regulations for the protection of prisoners of war == | |||
Currently, most of the countries are members of the 1949 Geneva Quadrilateral Conventions and are committed to take the necessary measures at the national level to implement the regulations of these documents. The third convention on the treatment of prisoners of war has the same status and is considered as the national law of these countries. Devising and confirmation of national regulations governing the protection of war prisoners, issuing military injunctions for the armed forces regarding the treatment of prisoners of war, concluding an agreement and cooperating with the International Committee of the Red Cross to visit prisoners of war detention centers, and the existence of a national institution to find out if those regulations have been enforced or not, are the arrangements that are foreseen in the field of humanitarian rights implementation, including the regulations for the protection of captives<ref name=":1">International humanitarian law governing the protection of individuals in armed conflicts (Geneva Document Collection), National Humanitarian Rights Committee of the Islamic Republic of Iran, Siah Rostami and others (compiled and translated), Tehran, 2009, Hilal Institute of Higher [[Education]] of Iran.</ref>. | |||
== International organizations and prisoners of war == | |||
International organizations and prisoners of war | |||
The United Nations is the most important international organization that is expected to be active in monitoring the implementation of international rules related to prisoners of war. In the war between Iraq and Iran, due to the positions of the chief members of the United Nations Security Council, outstanding and even acceptable performance was not observed in the field of monitoring the implementation of humanitarian regulations during the war. However, in some cases, actions have been taken prompted by public opinion and interests of these members. Sending the research team of this organization to investigate the situation of war prisoners of Iran and Iraq in the middle years of the war is one of these measures, a brief description of which is provided. | The United Nations is the most important international organization that is expected to be active in monitoring the implementation of international rules related to prisoners of war. In the war between Iraq and Iran, due to the positions of the chief members of the United Nations Security Council, outstanding and even acceptable performance was not observed in the field of monitoring the implementation of humanitarian regulations during the war. However, in some cases, actions have been taken prompted by public opinion and interests of these members. Sending the research team of this organization to investigate the situation of war prisoners of Iran and Iraq in the middle years of the war is one of these measures, a brief description of which is provided. | ||
== United Nations Special Committee on the situation of Iranian and Iraqi prisoners == | |||
United Nations Special Committee on the situation of Iranian and Iraqi prisoners | |||
After the incident of the Iraqi prisoner of war camp in Gorgan on October 10th, 1984), the Iraqi government requested Xavier Perez Dekoyar then the Secretary General of the UN to conduct an investigation into this matter on October 25th, 1984), and the Islamic Republic of Iran also agreed to such an investigation provided that there would be a cross-examination of Iranian prisoners of war camps in Iraq. | After the incident of the Iraqi prisoner of war camp in Gorgan on October 10th, 1984), the Iraqi government requested Xavier Perez Dekoyar then the Secretary General of the UN to conduct an investigation into this matter on October 25th, 1984), and the Islamic Republic of Iran also agreed to such an investigation provided that there would be a cross-examination of Iranian prisoners of war camps in Iraq. | ||
The Secretary General appointed a delegation composed of international jurists and experts and this delegation visited Iraq between 11<sup>th</sup> and 17<sup>th</sup> of January 1985 and visited Iran within 18<sup>th</sup> to 25<sup>th</sup> of January 1985 and submitted their report to the Secretary General of the United Nations on February 9<sup>th</sup>, 1985 and the mentioned report was published with the following specifications | The Secretary General appointed a delegation composed of international jurists and experts and this delegation visited Iraq between 11<sup>th</sup> and 17<sup>th</sup> of January 1985 and visited Iran within 18<sup>th</sup> to 25<sup>th</sup> of January 1985 and submitted their report to the Secretary General of the United Nations on February 9<sup>th</sup>, 1985 and the mentioned report was published with the following specifications<ref>UN.Doc/s/1696, 22 February 1985</ref>: | ||
In paragraph 115 of the February 22, 1985 report of this commission, it is stated:<blockquote>"During our visits to the POW camps in Iraq, we have seen and heard many examples of physical violence and ill-treatment in the camps. These violences were mainly attributed to prison guards. The frequency and similarity of these claims lead us to the conclusion that the violence and brutality of the guards is a common thing in most of the POW camps in Iraq" <ref>UN.DOC/s/16962, 22 February 1985, Para, 115</ref>. </blockquote>In paragraphs 58 to 62 of its report, the said panel also stated the cause of the conflict on July 26, 1985 in Camp No. 1 of Mosul, which resulted in the death of two prisoners and a number of others was injured due to overcrowding of prisoners in sanatoriums, ill-treatment and being locked up in corridors as mass punishment<ref name=":2">UN.DOC/S/16962, 22 February 1985, Para, 62.</ref>. Regarding the incident in Camp No. 2 in Mosul, which resulted in the martyrdom of 4 people and the wounding of a number of prisoners, the UN delegation said in paragraph 62 of its report: <blockquote>"The incident in Camp No. 2 of Mosul took place when all the prisoners were locked in their sanatoriums without food or [[water]]."<ref name=":2" /> </blockquote>The report of this panel in the final conclusion section also emphasizes the occurrence of torture and physical punishments in the Iranian prisoners of war camps in Iraq in paragraph 271 <ref>UN.DOC/S/16962, 22 February 1985, Para, 271.</ref> and in paragraph b of paragraph 293 of the final section of the report:<blockquote>"Corporal punishment and any kind of physical abuse, as well as the execution of mass punishments, should be prohibited. And measures should be taken to prevent the widespread use of force by camp guards."<ref>UN.DOC/S/16962, 22 February 1985, Para, 293.</ref> </blockquote> | |||
== International humanitarian organizations == | |||
Articles 9 and 10 of the Third Geneva Convention foresee the supervision, cooperation and activity of a neutral humanitarian organization, including the International Committee of the Red Cross, in the implementation of the regulations related to prisoners of war. The member countries have acknowledged its monitoring position due to the relatively independent and impartial principles and performance of this organization in international conflicts. This organization, which is a non-governmental organization, without entering the source of conflicts and publicly commenting on the behavior of governments, provides the basis for the trust of government parties and has made its presence felt in all wars by visiting the camps of prisoners of war and rendering its services. ( Red Cross) | |||
== International criminal courts == | |||
The guarantee of the criminal implementation of humanitarian regulations, including the field of treatment of prisoners of war, is dependent on the criminalization of these behaviors and the consideration of punishment for these acts. International courts with jurisdiction over these crimes, along with domestic courts, are extremely important in this matter. The establishment of the special criminal court of the former Yugoslavia, with the determination of international crimes, including war crimes, in its statute, was an important achievement which by trying the war crimes committed by some of the Serbian leaders and military commanders and their punishment, paved the way for the formation of Rwanda court and other criminal courts. The establishment of the International Criminal Court as a global court marks the evolution point of this movement. Article 8 of the statute of this court has established war crimes and according to this article, killing, torture, forcing prisoners of war to serve in the military forces of the warring parties, intentionally depriving prisoners of war of the right to a fair and legal trial are considered war crimes. In any case, although the qualification and entry into the proceedings of this court are subject to certain conditions and regulations, it is assumed as an important achievement for the implementation of humanitarian rights<ref name=":1" />. | |||
== See also == | |||
* United Nations Special Committee and prisoners of war | |||
* Preservation of prisoners of war | |||
* Prisoner of war in international law | |||
* Treating prisoners of war in international law | |||
== Bibliography == | |||
Gholam Ali Ghasemi | Gholam Ali Ghasemi | ||
Revision as of 05:17, 21 April 2024
International regulations related to prisoners of war.
International humanitarian law is a branch of international law that defines the rules governing the conduct of warring parties in terms of the use of weapons and the protection of civilians, the wounded and prisoners of war. Regulations on how to treat prisoners of war and support them, in its current form and in the form of international documents, is an important human achievement with historical roots, and especially the teachings of divine religions is one of its major components. This situation has developed gradually. In ancient and medieval times, prisoner of war did not have the meaning it has today, in those days prisoners of war were placed at the disposal of the captor or the military authorities of the captor country in terms of life and money. But today, according to international law, the captive is not in the hands of the individual or military captor, but in the hands of the government, and he must be responsible for the captive's situation. History speaks of the bitter fact that the treatment of the Europeans towards the captives of the crusades was accompanied by torture and abuse. On the contrary, the history of Islam is full of chapters and events that show the kind and humane behavior of Muslim captors towards their foreign non-Muslim captives[1]. Our prophet`s initiative in the first battle of Muslims, specifically, setting captives free on the stipulation that they would teach Muslims how to read and write, exemplifies the above-mentioned fact. However, the movement to prepare international documents for the protection of prisoners of war began in the contemporary era of European civil wars with the help of the Red Cross humanitarian movement and philanthropists such as Henri Dunant of Switzerland, and was followed by the global movement of the Red Cross and Red Crescent societies. . The start of both the first and second world wars in Europe and the indescribable both financial and moral losses, including the captivity of millions of people in these wars, provided the intellectual and practical grounds for welcoming this humanitarian movement.
Legal resources
The rules of dealing with prisoners of war, which had historical roots and were often in use as conventions, have been specified in the form of international documents, the most important of which are as follows:
- The Geneva Convention of July 7, 1929 regarding the improvement of the war prisoners conditions.
- Third Geneva Convention of August 12, 1949 regarding the treatment of prisoners of war.
- 1977 additional protocols to the 1949 Geneva Quadrilateral Conventions.
- A set of conventional rules of international humanitarian law (Rules 118 to 128), compiled by a panel of experts in international humanitarian law under the auspices and supervision of the International Committee of the Red Cross.
The concept of a prisoner of war
According to Article 2 of the Third Geneva Convention, this document is dedicated to international hostilities, i.e. military conflicts between states, as a result, prisoners of war who enjoy the protection of this treaty and other Geneva documents are only combatants detained in international hostilities. Therefore, prisoners of war in internal armed conflicts are not regarded as prisoners of war and are under the protection of the internal laws of the country of conflict, international human rights , conventional rules and humanitarian principles. Of course, military conflicts in which liberation movements participate on behalf of a nation to fulfil its destiny and terminate colonialism or military occupation or racial discrimination are considered instances of an international conflict (Paragraph 4 of Article 1 of the 1st Additional Protocol of 1977). And the fighters arrested in this type of conflict are considered prisoners of war. According to Article 4 of the Third Geneva Convention of 1949 and Articles 43 and 44 of the First Additional Protocol of 1977, the following persons who fall into the hands of the enemy are prisoners of war[2]:
- Members of the armed forces and volunteers who are among the aforementioned armed forces.
- Guerrillas and other volunteer forces and members of resistance movements affiliated with one side of the conflict, provided that they have a responsible commandership and, distinctive signs and insignia such as special uniforms, and that they openly carry weapons and observe the laws of war.
- Civilian employees of the armed forces, such as the employees of war planes, back up forces , war correspondents and similar cases.
- Employees of commercial marine and civil aviation forces of warring parties.
- Residents of occupied territories who suddenly and without regular organization take up arms to fight the enemy.
The following persons are also entitled to enjoy the regulations governing the treatment of prisoners of war:
- Members of the armed forces of the occupied country who are detained in the occupied territories.
- Military detainees in a neutral country.
- Members of non-combatant medical personnel who are part of the armed forces.
- If there is any doubt about the status of a detainee, the competent court of the detaining country will make a decision. Spies and mercenaries do not have the status of prisoners of war.
- A person who takes part in war and yet, is not regarded as a prisoner of war, should enjoy the basic rights of respect concerning human character, in addition to the rights stated in the 4th convention.
Supporting prisoners of war
The general lines of protection for prisoners of war based on the Third Geneva Convention and the First Additional Protocol of 1977 are as follows[2]:
- Prisoners of war are at the disposal of the enemy government, not at the disposal of the persons or forces that captured them. Therefore, regardless of any personal responsibility that may exist, the detaining government is responsible for the treatment of the prisoners in question.
- Prisoners of war must be treated humanely at all times.
Human behavior has the following aspects:
- Enjoying respect, honor and personal dignity (Article 14 of the Third Convention and Article 75 of the First Additional Protocol).
- Respecting physical integrity and the prohibition of murder (Article 75 of the First Additional Protocol).
- Prohibition of any illegal act that causes the death or severe health risk of the captive (Article 13 of the Third Geneva Convention).
- Prohibition of any type of surgery or medical or scientific experiment on a prisoner without permission for medical treatment or without the prisoner benefiting from it(Ibid).
- Protection against torture and acts of violence (Ibid).
- Prohibition of retaliatory measures in interaction with prisoners (Ibid).
- Treating captives with an egalitarian attitude regardless of race, nationality, religion, political convictions, and the like, unless there are advantages involving the rank and gender of the captives (Article 16 of the Third Geneva Convention).
Conditions of keeping prisoners of war
- The detaining government is responsible for the maintenance and welfare of prisoners free of charge. Having adequate shelter, food and clothing and medical care (Article 15 of the Third Geneva Convention).
- Freedom to perform religious duties, sports and intellectual activities (Articles 34 and 38 of the Third Geneva Convention).
- The services of war prisoners excluding high ranking officers can be engaged. Prisoners should not be forced to perform military activities, or tasks endangering their health or that can be viewed degrading. (Articles 49 and 52 of the Third Geneva Convention).
- The right to receive aid from relief and humanitarian institutions (Article 63 of the Third Convention).
- The right to appoint representatives of prisoners of war to participate in the management of their affairs (Article 79 of the Third Convention).
- Prisoners should entitled to inform their families and the central department of the International Committee of the Red Cross about their captivity. (Article 70 of the Third Geneva Convention).
- The prisoners have the right to refer their complaints and requests to the representatives of the supporting forces, such as the representatives of the International Committee of the Red Cross, who visit their camp, or to talk and negotiate directly or through their representatives (Article 78 of the Third Geneva Convention)
Military rules and regulations
According to Article 82 of the Third Geneva Convention, prisoners of war shall be subjected to the laws, regulations and order implemented by the armed forces of the detaining government. Therefore, disciplinary punishments are applied by the commander of the detention center and according to the prevailing military regulations. However, judicial punishments must be enforced by a military court with procedural guarantees that respect the judicial rights of prisoners being trialed, including the right of defense.
Death of a prisoner of war
In case of death of a prisoner of war, burial conditions should be respected and if possible the prisoner of war in question should be buried according to his religious principles and his grave should not be violated. The deceased prisoner's information should be recorded and his grave should bear signs enabling his descendants to find it readily.
Release and return of captives
Prisoners of war, who are seriously ill or wounded according to the doctor's opinion, should be sent directly to their country; According to Article 118 of the Third Geneva Convention, prisoners of war must be released and returned to their country immediately after the end of active hostilities. All the same, in most wars, prisoners of war have remained in prison camps long after the end of the war; What's more, there are always issues and differences between the governments of the warring parties beyond the release of captives.
National implementation of regulations for the protection of prisoners of war
Currently, most of the countries are members of the 1949 Geneva Quadrilateral Conventions and are committed to take the necessary measures at the national level to implement the regulations of these documents. The third convention on the treatment of prisoners of war has the same status and is considered as the national law of these countries. Devising and confirmation of national regulations governing the protection of war prisoners, issuing military injunctions for the armed forces regarding the treatment of prisoners of war, concluding an agreement and cooperating with the International Committee of the Red Cross to visit prisoners of war detention centers, and the existence of a national institution to find out if those regulations have been enforced or not, are the arrangements that are foreseen in the field of humanitarian rights implementation, including the regulations for the protection of captives[3].
International organizations and prisoners of war
The United Nations is the most important international organization that is expected to be active in monitoring the implementation of international rules related to prisoners of war. In the war between Iraq and Iran, due to the positions of the chief members of the United Nations Security Council, outstanding and even acceptable performance was not observed in the field of monitoring the implementation of humanitarian regulations during the war. However, in some cases, actions have been taken prompted by public opinion and interests of these members. Sending the research team of this organization to investigate the situation of war prisoners of Iran and Iraq in the middle years of the war is one of these measures, a brief description of which is provided.
United Nations Special Committee on the situation of Iranian and Iraqi prisoners
After the incident of the Iraqi prisoner of war camp in Gorgan on October 10th, 1984), the Iraqi government requested Xavier Perez Dekoyar then the Secretary General of the UN to conduct an investigation into this matter on October 25th, 1984), and the Islamic Republic of Iran also agreed to such an investigation provided that there would be a cross-examination of Iranian prisoners of war camps in Iraq.
The Secretary General appointed a delegation composed of international jurists and experts and this delegation visited Iraq between 11th and 17th of January 1985 and visited Iran within 18th to 25th of January 1985 and submitted their report to the Secretary General of the United Nations on February 9th, 1985 and the mentioned report was published with the following specifications[4]:
In paragraph 115 of the February 22, 1985 report of this commission, it is stated:
"During our visits to the POW camps in Iraq, we have seen and heard many examples of physical violence and ill-treatment in the camps. These violences were mainly attributed to prison guards. The frequency and similarity of these claims lead us to the conclusion that the violence and brutality of the guards is a common thing in most of the POW camps in Iraq" [5].
In paragraphs 58 to 62 of its report, the said panel also stated the cause of the conflict on July 26, 1985 in Camp No. 1 of Mosul, which resulted in the death of two prisoners and a number of others was injured due to overcrowding of prisoners in sanatoriums, ill-treatment and being locked up in corridors as mass punishment[6]. Regarding the incident in Camp No. 2 in Mosul, which resulted in the martyrdom of 4 people and the wounding of a number of prisoners, the UN delegation said in paragraph 62 of its report:
"The incident in Camp No. 2 of Mosul took place when all the prisoners were locked in their sanatoriums without food or water."[6]
The report of this panel in the final conclusion section also emphasizes the occurrence of torture and physical punishments in the Iranian prisoners of war camps in Iraq in paragraph 271 [7] and in paragraph b of paragraph 293 of the final section of the report:
"Corporal punishment and any kind of physical abuse, as well as the execution of mass punishments, should be prohibited. And measures should be taken to prevent the widespread use of force by camp guards."[8]
International humanitarian organizations
Articles 9 and 10 of the Third Geneva Convention foresee the supervision, cooperation and activity of a neutral humanitarian organization, including the International Committee of the Red Cross, in the implementation of the regulations related to prisoners of war. The member countries have acknowledged its monitoring position due to the relatively independent and impartial principles and performance of this organization in international conflicts. This organization, which is a non-governmental organization, without entering the source of conflicts and publicly commenting on the behavior of governments, provides the basis for the trust of government parties and has made its presence felt in all wars by visiting the camps of prisoners of war and rendering its services. ( Red Cross)
International criminal courts
The guarantee of the criminal implementation of humanitarian regulations, including the field of treatment of prisoners of war, is dependent on the criminalization of these behaviors and the consideration of punishment for these acts. International courts with jurisdiction over these crimes, along with domestic courts, are extremely important in this matter. The establishment of the special criminal court of the former Yugoslavia, with the determination of international crimes, including war crimes, in its statute, was an important achievement which by trying the war crimes committed by some of the Serbian leaders and military commanders and their punishment, paved the way for the formation of Rwanda court and other criminal courts. The establishment of the International Criminal Court as a global court marks the evolution point of this movement. Article 8 of the statute of this court has established war crimes and according to this article, killing, torture, forcing prisoners of war to serve in the military forces of the warring parties, intentionally depriving prisoners of war of the right to a fair and legal trial are considered war crimes. In any case, although the qualification and entry into the proceedings of this court are subject to certain conditions and regulations, it is assumed as an important achievement for the implementation of humanitarian rights[3].
See also
- United Nations Special Committee and prisoners of war
- Preservation of prisoners of war
- Prisoner of war in international law
- Treating prisoners of war in international law
Bibliography
Gholam Ali Ghasemi
- ↑ Ziyai Bigdali, Mohammad Reza (2012). Islam and international law. Tehran: Ganj Danesh, p.194-201.
- ↑ Jump up to: 2.0 2.1 International Committee of the Red Cross, Basic Rules of the Geneva Conventions of 1949 and Additional Protocols of 1977 (2010), Hajar Siah Rostami (translator),Secretariat of the National Humanitarian Rights Committee, Tehran.
- ↑ Jump up to: 3.0 3.1 International humanitarian law governing the protection of individuals in armed conflicts (Geneva Document Collection), National Humanitarian Rights Committee of the Islamic Republic of Iran, Siah Rostami and others (compiled and translated), Tehran, 2009, Hilal Institute of Higher Education of Iran.
- ↑ UN.Doc/s/1696, 22 February 1985
- ↑ UN.DOC/s/16962, 22 February 1985, Para, 115
- ↑ Jump up to: 6.0 6.1 UN.DOC/S/16962, 22 February 1985, Para, 62.
- ↑ UN.DOC/S/16962, 22 February 1985, Para, 271.
- ↑ UN.DOC/S/16962, 22 February 1985, Para, 293.