IL - 7 - POW Flashcards
whats the general idea behind POW
A POW cannot be punished for participating in hostilities because it is essentially
what can be done to them?
6 things
• Can be detained till end of conflict but
o In POW camp not prison
o Wears uniform subject to his own officers
o Same food as detaining army
o Visits by ICRC, contact with home, parcels
o Can be tried for committing war crimes but reciprocity
what can pow not be tried for? what has to happen for the trial to go forth legally
war crimes?
red cross must be there. this generally doesent happen.
who doesnt get pow status?
why
terorists get murdurer not combattant. because they are not armned forces but rebels.
fighter must be in UNIFORM
what informaition is a pow requiered to release?
rank and serial number
where were pow laws established
Hague rules and 1949 IIIrd Geneva Convention
who accapts pow status?
If POW status is claimed it must be determined by a tribunal or court
appart from soldiers who else can get pow?
5 things…
o Members of militias and resistance movements who 1 Belong to a party to the conflict 2 Carry arms openly 3 Wear a distinguishing sign 4 Have internal discipline - comand 5 Comply with laws of war no one ever granted this. civilians protecting their village can get pow.
Protocol I changed rules as to militia, how? 3
when?
who is part of it?
1977 pro, 1 of geneva.
1 National Liberation Movements fighting against alien occupation, (B) racist regime or (C) colonial regime are considered as if they belong to a party to the conflict
2 No need to wear a distinguishing sign
3 Need to carry arms openly only when attacking or approaching for an attack
(US and Israel not parties)
what type of war does POW not exist at all.
what applies in such wars.
Civil wars (Non international armed conflict)
o Basic rules of warfare apply (Common Article 3 of the 1949 Geneva Conventions and Protocol II)
what Agreements don’t terminate wars
o Truce or cease fire agreements
o Armistice Agreements
is there a difference between willing and non willing human shields?
NO
however proportionality? will killing civilians help the war? ie
what options if base is under school? what are the options available?
this is a case of double Jepardy
il warned them they would blow it up, leaflets.
il can apply this to the security council.
pal is not signatory of ICC so it cant be held accountable.
what is pow just carrying out orders?
it is not a defence, like Ichman.
what about pow in independance war?
arab legion took pow in gush etzion, arabs did not.
