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- BBC News World
May 22, 2022
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Subtitle,
International treaties set a number of norms for the protection of prisoners of war.
The suffering of the troops defending the besieged city of Mariupol was one of the most iconic stories of the war in Ukraine.
In recent developments, authorities reported that more than 1,000 captured soldiers held at the Azovstal Steel Plant were transferred to areas under the control of Moscow-backed rebels.
Russia’s announcement that prisoners of war (POWs) will be treated in accordance with international rules has highlighted the complexity of the regulations guiding the treatment of enemy combatants captured or surrendered during the conflicts.
Since the invasion began Both Russia and Ukraine have accused each other of mistreatment of prisoners of war.
Matilda Bogner, the head of the human rights monitoring mission in Ukraine, recently said there was “credible information” that both sides committed such crimes.
Are there official rules for the treatment of prisoners of war?
Yes. Since 1929, prisoners of war have been formally protected by the Third Geneva Convention, which refers specifically to the treatment of this type of prisoner.
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Subtitle,
The Geneva Convention clearly defines that imprisonment should not be used as a form of punishment.
This norm established principles such as the humane treatment of prisoners of war, the exchange of information about them and the right of officials from neutral countries to visit prison camps.
The convention was significantly expanded in 1949 after several countries were accused of violating the rules during World War II, then stating, for example, the need to protect “the personal dignity” of prisoners of war.
According to the United Nations, 196 countries are signatories to the Geneva Convention, including Russia and Ukraine.
What protection do prisoners of war receive?
The list is extensive and includes everything from the right to medical treatment, food and shelter to prohibiting torture or labor exploitation of prisoners.
That’s what the contract says Arrests should not be used as a form of punishment, but as a means of punishment avoid continue to participate in the conflictrules are included that they must be protected from “intimidation, insult and public curiosity”.
Because of this, both the Russian and Ukrainian authorities have been criticized for broadcasting images of POWs, some of whom have also attended press conferences.
Under the Geneva Convention, prisoners of war cannot be prosecuted simply for their participation in conflicts, although the rules allow countries to prosecute those who have committed war crimes.
The treaty also stipulates that prisoners of war must be repatriated “promptly” after the end of hostilities.
The definition of prisoners of war in the Geneva Convention is not limited to members of the armed forces.
Militiamen and civilians not serving in combat roles with the armed forces are also covered.
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Subtitle,
Japan’s mistreatment of prisoners of war during World War II caused thousands of prisoner deaths.
One of the exceptions are mercenaries and possibly spies.
In the case of spies, the Geneva Convention provides that persons arrested as spies “shall be treated humanely” and will not be deprived of the right to a fair trial.
What is a prisoner exchange?
Prisoner swaps are agreements between opposing sides to exchange one group of prisoners for another.
This doesn’t just happen in wars: during the Cold War years, for example, the US and the Soviet Union made several such deals. They also took place during the Israeli-Palestinian conflict.
Although the exchange is regulated by the Geneva Convention, it is a much older practice. There are records of such deals taking place as early as the 18th century..
There have been several confirmed cases of prisoner-of-war exchanges between Moscow and Kyiv, but the Russian parliament is now discussing a bill that could ban similar deals.
Do countries always follow the rules?
No, and as mentioned above, after a series of atrocities during World War II, the Geneva Convention had to be significantly expanded.
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Subtitle,
The late Republican US Senator John McCain was taken prisoner in Vietnam.
Japan exploited Allied prisoners of war during the conflict, and it is estimated that tens of thousands died from starvation and disease.
More recently, there have also been reports of ill-treatment of prisoners of war during the post-Yugoslav conflicts (1991-2001).
In a historical case A former Croatian-Serb soldier was sentenced to 20 years in prison in 2009 for torturing and killing 200 prisoners of war.
Both the US and North Vietnam were accused of crimes against prisoners of war during the Vietnam War (1965-1975).
A famous victim was the late US Senator and presidential candidate John McCain, who was disabled for life as a result of abuse in captivity.
Washington has also been accused of violating the convention for detaining terrorist suspects at Cuba’s notorious Guantanamo Bay base after the September 11, 2001 attacks.
On May 17, the International Criminal Court (ICC) announced it would dispatch a 42-strong team of investigators, forensic experts and support staff to Ukraine to investigate alleged war crimes since the Russian invasion.
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