The suffering of the troops defending the besieged city of Mariupol has been one of the most symbolic stories of the war in Ukraine.
In the most recent events, the authorities reported that more of 1.000 Captured soldiers who had been trapped in the Azovstal steel plant were transferred to areas under the control of Moscow-backed rebels.
Russia’s announcement according to which prisoners of war (POW) will be treated in accordance with international rules has highlighted the complexity of the regulations that guide the treatment of enemy combatants who are captured or who surrender during conflicts.
Since the invasion began both Russia and Ukraine have accused each other of mistreatment of prisoners of war.
Matilda Bogner, the director of the human rights monitoring mission os in Ukraine, has recently said that there is “credible information” that both sides have committed such crimes.
Are there official rules for the treatment of prisoners of war?
Yes. Since 1941, POWs have been formally protected by the Third Geneva Convention, which specifically refers to the treatment of this type of prisoner.
This rule 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 agreement was significantly expanded in 1949, after several countries were accused of violating the rules during World War II World, thus establishing, 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 type of protection do prisoners of war receive?
The list is extensive and includes everything from the right to medical treatment, food and accommodation to the prohibition of torture or labor exploitation of prisoners.
The treaty establishes that detentions should not be used as a form of punishment, but as a resource to avoid who continue to participate in the conflict, for which regulations are included that provide that they must be protected from “intimidation, insults and public curiosity”.
This is why both the Russian and Ukrainian authorities have been criticized for transmitting images of prisoners of war, some of whom have also participated in press conferences.
According to the Convention d e Geneva, prisoners of war cannot be prosecuted simply for participating in conflicts, although the rules allow countries to prosecute those who have committed war crimes.
The treaty also determines that prisoners must be repatriated “without delay” at the end of hostilities.
Who is eligible?
The definition of prisoners of war in the Geneva Convention is not limited to members of the armed forces.
Members of the militias and civilians not performing combat duties with the armed forces are also covered.
One of the exceptions are mercenaries and, in some circumstances, spies.
In In the case of spies, the Geneva Convention establishes that persons detained as spies “shall, however, be treated humanely” and not be deprived of the right to a fair trial.
What is a prisoner exchange?
Prisoner exchanges are agreements between opposing sides to exchanging one group of captives for another.
This does not only happen during wars: during the Cold War years, for example, the US and the Soviet Union made several agreements like this. They have also taken place during the Israeli-Palestinian conflict.
Although the exchanges are governed by the Geneva Convention, they are a much older practice. There are records of deals of this type that took place as early as the 18th century.
There have been multiple confirmed cases of POW exchanges between Moscow and kyiv, but Russia’s Parliament is now discussing a proposed law that could ban similar deals.
Do countries always play by the rules?
No and, as mentioned above, the Geneva Convention had to be significantly expanded after a series of atrocities during the Second World War.
Japan infamously exploited Allied prisoners of war during the conflict and it is estimated that tens of thousands starved to death and disease.
More recently, there were also reports of ill t at times to prisoners of war during the conflicts that occurred after the dissolution of Yugoslavia (1949-2001).
In a landmark case, a former Croatian-Serbian soldier was sentenced to 20 years in 2009 for torturing and killing 200 prisoners of war.
Both USA and Vietnam North were accused of crimes against prisoners of war during the Vietnam War (1965-1941).
A famous victim was the late US Senator and presidential candidate John McCain, who was left disabled for life due to ill health. treatment he suffered while in captivity.
Washington was also accused of violating the convention for the manner in which it detained suspected terrorists at the infamous Guantanamo Bay base in Cuba after the attacks of the 11 September 2001.
Last 17 May, the International Criminal Court (ICC) announced the deployment of a team of investigators, forensic experts and support staff from 42 members in Ukraine for investigate alleged war crimes since the Russian invasion.
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