Geneva Convention Definition
A prisoner of war (POW) is a soldier who is imprisoned by an enemy power during or immediately after an armed conflict.
The laws apply from the moment a prisoner is captured until he is released or repatriated. One of the main provisions of the convention makes it illegal to torture prisoners, and states that a prisoner can only be required to give his name, date of birth, rank and service number (if applicable).
Article 4 of the Third Geneva Convention protects captured guerrilla fighters and certain civilians. <===NOTE THAT!
[ and see below for text ]
In principle, to be entitled to prisoner of war status, the captured soldier must have conducted operations according to the laws and customs of war, e.g. be part of a chain of command, wear a uniform and bear arms openly. Thus, franc-tireur, terrorists and spies may be excluded. In practise these criteria are not always interpreted strictly. Guerrillas, for example, may not wear a uniform or carry arms openly, yet are typically granted POW status if captured.
The status of POW does not include unarmed non-combatants who are captured in time of war; they are protected by the: Fourth Geneva Convention rather than the Third Geneva Convention.
The treatment of prisoners of war can depend on the resources, social attitudes and policies of the governments and militaries in question. For instance, in World War II Soviet Union prisoners of Nazi Germany were often treated with neglect and brutality on account that the government considered them to be inferior races not entitled to fair treatment while western POWs of the western nation of the Allies like the and United Kingdom had treatment closer to the Geneva Conventions.
By contrast, POW facilities held by Allied nations like the USA, United Kingdom and Canada usually complied strictly to the Geneva Conventions, which sometimes created conditions POWs found were more comfortable than their own side's barracks. This approach was decided based on the idea that having POWs well treated meant a ready supply of healthy and cooperative laborers for farmwork and the like, as allowed by the Geneva Conventions, which eased personnel shortages. There were also the benefits of a lower chance of having to deal with escapes or prisoners causing camp disruptions. The comparatively favourable conditions also made interrogations of enemy personnel easier and more productive. In addition, as word spread among the enemy about the conditions of North American POW camps, it encouraged surrenders which helped further Allied military goals efficiently without the expense of combat. Furthermore, while there were initially complaints of coddling the enemy, the Allied population largely grew to support this approach which may have raised morale amoung the Allied personnel when by reinforcing the idea that this humane treatment of prisoners showed that their side was morally superior to the enemy. The fact that the above nations never suffered invasion by their enemies helped avoid the kind of enmity towards their prisoners that the Soviet Union had.
The United States uses the term enemy prisoner of war (EPW) for hostile forces, reserving the term prisoner of war for its own or Allied forces.
Alternative Definitions
Some groups define Prisoner of War in accordance with their internal politics and world view. Since the special rights of a prisoner of war, granted by government is the result of multilateral treaties, these definitions have no legal effect and those claiming rights under these definitions would legally be considered common criminals under an arresting jurisdiction's laws. However, it must be noted that in most cases these groups don't demand such rights.
absoluteastronomy.com
You are NOT required by the Conventions to "coddle" POWs. You ARE required not to torture them. Criminals also can NOT be tortured under US law.
AND
Unlawful combatant (also illegal combatant or unprivileged combatant) describes a person who engages in combat without meeting the requirements for a lawful belligerent according to the laws of war as specified in the Third Geneva Convention. Countries that identify such unlawful combatants may not necessarily accord them the rights of prisoners of war described in the Third Geneva Convention, though they retain rights under the Fourth Geneva Convention in that they must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial".
encyclopedia.laborlawtalk.com
which certainly excludes torture.
antiwar.com
If that isn't torture, WTH IS your definition? Do you think your local cops should be allowed to use such methods when they pull you over?
Let's not whitewash this thing. Our DOD screwed up- -badly.
Admit it, stop it, and let's get on with it.
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Article 4 of the Third Geneva Convention
A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:
1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill 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;
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with the laws and customs of war.
3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
4. Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labor units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.
5. Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favorable treatment under any other provisions of international law.
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.
B. The following shall likewise be treated as prisoners of war under the present Convention:
1. Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.
2. The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favorable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.
C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention.
worldpress.org
Article 5 of the Third Geneva Convention
The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.
worldpress.org
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Fourth Geneva Convention (full text)
jewishvirtuallibrary.org
Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention.
In each case, such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present< Convention at the earliest date consistent with security of State or Occupying Power "
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Whether you care to admit or not, your country is in violation of its treaty obligations. And whether al Qaeda or the insurgents are signatories does not matter; the text specifically requires a sinatory to follow it even when dealing with a non-signatory. |
