English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

2006-07-22 03:26:49 · 3 answers · asked by surendra prasad gupta 1 in Politics & Government Law & Ethics

3 answers

Geneva Convention sets the standards how prisoners of war and civilians should be treated for humanitarian concerns under International Law during the time of war.

2006-07-22 03:29:06 · answer #1 · answered by FRAGINAL, JTM 7 · 0 0

Article 44. -Combatants and prisoners of war
This is the most controversial section of Protocol I. More specifically the paragraphs 3 through to 5. It is the primary cause for US administrations not adopt this protocol.

3. In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognizing, however, that there are situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly:

( a ) During each military engagement, and

( b ) During such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate.

Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37, paragraph 1 ( c ).

4. A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes protections equivalent to those accorded to prisoners of war by the Third Convention in the case where such a person is tried and punished for any offences he has committed.

5. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of his prior activities.

This is a large extension of the laws of war because of the second sentence of paragraph 3. This sentence appears to give lawful combatant status to guerrillas who are not wearing a military uniform that distinguishes them from the civilian population. It has been generally accepted that to be a belligerent in a conflict one must be recognisable as such. As is stated in the first sentence, without such identification not only are belligerent occupation forces open to attack from combatants posing as civilians, but enemy civilians are more likely to be attacked by belligerent occupying forces who can use the legitimate legal defence that they thought they were engaging an enemy combatant. In general police are trained to asses the situation and only to fire if certain of their target's hostile intent, while soldiers are trained to asses a target and to fire if not certain of their targets peaceful intent.

2006-07-22 10:32:37 · answer #2 · answered by ellieannah 3 · 0 0

You have a computer and the Internet. Find out for yourself and judge for yourself.

2006-07-22 10:30:28 · answer #3 · answered by rastus7742 4 · 0 0

fedest.com, questions and answers