Chapter

The release of prisoners of war

Yoram Dinstein

Etudes et essais sur le droit international humanitaire et sur les principes de la Croix-Rouge : en l'honneur de Jean Pictet = Studies and essays on international humanitarian law and Red Cross principles : in honour of Jean Pictet

Genève : CICR ; La Haye : Nijhoff, 1984

p. 37-45

English

Under the Third Geneva Convention of 1949 Relative to the Treatment of Prisoners of War there are five different modes of releasing prisoners of war (POW). Some are obligatory and others optional. The author discusses four modes of release which are applied during hostilities, and a fifth mode of release applied subsequent to the cessation of hostilities. POW may be released by the Detaining Power on parole, which entails a promise given by a POW not to take up arms or escape, which must also be respected by his home country. Parties to a conflict may alternatively option a “cartel” for the repatriation, or internment in a neutral country, of able-bodied POW held in captivity for a long time. There are strict obligations, however, on Parties to repatriate POW who are seriously wounded or sick, regardless of numbers or ranks and without waiting for the termination of hostilities. The repatriation of POW against their will during hostilities is also strictly prohibited, unless the POW is gravely wounded. Subsequent to active hostilities, the release of POW must begin automatically and uniformly, regardless of whether an agreement has been reached between the states or a peace treaty has been signed. [Summary by students at the University of Toronto, Faculty of Law (IHRP)].

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• Etudes et essais sur le droit international humanitaire et sur les principes de la Croix-Rouge : en l'honneur de Jean Pictet = Studies and essays on international humanitarian law and Red Cross principles : in honour of Jean Pictet / Christophe Swina