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Section
Prisoners of war and humanitarian law
©ICRC/kh-d-00067-23

A prisoner of war is a combatant, generally a member of the armed forces of a party to an international armed conflict or an individual enjoying equivalent legal status, who has fallen into the hands of an adverse party.

Individuals enjoying equivalent status include war correspondents, supply contractors, merchant marine and civil aircraft crews, and civilians who spontaneously take up arms to resist invading forces (Art. 4, Third Geneva Convention of 1949). In case of doubt, any person who takes part in hostilities is presumed to be a prisoner of war (Art. 45.1, Additional Protocol I of 1977).

Third Geneva Convention of 1949 relative to the treatment of prisoners of war

See also : ICRC activities>Protection>Protecting prisoners and detainees in wartime
International Review of the Red Cross
    31-3-2004
    Military uniforms and the law of war
    The author first studies the wearing and the functions of military uniforms throughout history to then shed light on the legal issues raised. Discussing the legal framework of the use of uniforms and its ramifications in more detail, he contributes to the debates on the consequences of the lack of wearing a military uniform in contemporary armed conflicts, and the link with the granting of prisoner of war status to members of the armed forces of a Party to a conflict failing to wear uniforms in combat.
    (Info resources\International Review\2004 - No. 853)
    International Review of the Red CrossToni Pfanner Includes PDF

    30-9-2002
    Doubtful prisoner-of-war status
    This article explores how doubt over prisoner-of-war status may arise and how issues relating to the determination of status should be resolved according to the Third Geneva Convention. In this context, a State's obligations in cases of "doubtful" status are examined, as are the minimal requirements of a "competent tribunal".
    (Info resources\International Review\2002 - No. 847)
    International Review of the Red CrossYasmin Naqvi Includes PDF

Legal article
    31-12-2004
    International Humanitarian Law in the Iraq Conflict
    The armed hostilities in Iraq throughout the last almost two years have raised numerous questions from the perspective of international humanitarian law. This article aims at addressing some of them. The focus will be on identifying the applicable law throughout the various stages of the hostilities and various problems that entail its practical application.
    (Humanitarian law\Conduct of hostilities)
    Legal articleKnut Dörmann, Laurent Colassis

    31-10-2002
    Defining the War on Terror and Status of Detainees: Comments on the Presentation of Judge George Aldrich
    Extract from "Humanitäres Völkerrecht", No 4/2002, a review published by the German Red Cross and the "Institute For International Law of Peace and Armed Conflict" in Bochum.
    (Humanitarian law\Protected persons and property\Prisoners of war)
    Legal articleAvril McDonald Includes PDF

    31-10-2002
    The Taliban, al Qaeda, and the Determination of Illegal Combatants
    Extract from "Humanitäres Völkerrecht", No 4/2002, a review published by the German Red Cross and the "Institute For International Law of Peace and Armed Conflict" in Bochum. The author is a judge at the Iran-US Claims Tribunal.
    (Humanitarian law\Protected persons and property\Prisoners of war)
    Legal articleGeorge H. Aldrich Includes PDF

Official Statement
    21-7-2005
    The relevance of IHL in the context of terrorism
    Events in recent years have increased interest in the issue of how international humanitarian law is applied in today's context of violent confrontation. In a new paper, the ICRC provides answers to some of the most frequently asked questions about international humanitarian law and terrorism.
    (Humanitarian law\Other issues\Terrorism)
    Official Statement

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12-02-2009