Prisoners of War: Concept vs. Reality
Written by Chhajed Ruchita Ishwar Sunita
The conceptual framework of POWs in the Israel vs. Hamas conflict is based on international humanitarian law and the Third Geneva Convention. However, the interpretation and application of these principles differ between the parties involved.
International Humanitarian Law and the Third Geneva Convention
The foundation for the treatment of POWs is the Third Geneva Convention of 1949. It is one of the four Geneva Conventions that regulate the conduct of armed conflict and the protection of those who are no longer taking part in the hostilities.[1]
Key provisions of the Third Geneva Convention include:
– The humane treatment of POWs.
– Protection from acts of violence and intimidation.
– Protection against acts of public curiosity.
– Prohibition of acts of reprisal.
– Ensuring that POWs are not subjected to medical or scientific experiments.
– Access to Red Cross visits to monitor conditions and ensure the well-being of prisoners.[2]
– The right to receive and send letters and cards.
These provisions are designed to ensure the dignity and humane treatment of POWs, regardless of the side they belong to in an armed conflict.
Israel’s Perspective on POWs
Israel is a signatory to the Geneva Conventions and, in principle, recognizes the Third Geneva Convention. Therefore, Israel is obliged to uphold the rights and protections outlined in the Convention for captured combatants. Israel generally adheres to these principles in its treatment of captured Hamas members during armed confrontations.
Israel recognizes captured Hamas members as POWs, given that they are considered combatants engaged in hostilities. This recognition is in line with Israel’s broader commitment to human rights and international norms. Israel’s approach to POWs reflects its commitment to international law and established norms of warfare.
Hamas’s Perspective on POWs
Hamas, on the other hand, does not recognize itself as bound by international agreements, including the Third Geneva Convention. This non-recognition has significant implications for the treatment and status of individuals captured during hostilities. Hamas, in its operations, often regards captured Israeli soldiers as hostages rather than POWs.
[1] “Dignity: A Matter of Principle – The ICRC’s Advisory Service on International Humanitarian Law,” International Committee of the Red Cross, 2005.
[2] “The Use of Detainees as Bargaining Chips: Challenges and Implications,” International Review of the Red Cross, Volume 94, Issue 888, December 2012.
Keywords: Prisoners of War: Concept vs. Reality, Prisoners of War
