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5 Protection of Detainees and Prisoner-of-War Status

From: The Additional Protocols to the Geneva Conventions in Context

Annyssa Bellal, Stuart Casey-Maslen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2023

Detention — Combatants — Prisoners of war — Armed conflict, international — Armed conflict, non-international

This chapter covers the protection of prisoners provided by the international humanitarian law (IHL). The IHL insists on the humane treatment of detainees, which meant they are protected from violence at the hands of others while their basic needs are met. Additionally, prisoners of war tend to achieve additional rights, such as the right to immunity from prosecution, under the 1949 Geneva Convention III, 1977 Additional Protocols, and customary law. The chapter discusses how women must be given specific treatment if they gain prisoner of war status. According to the 1949 Geneva Convention III, the use of firearms against an escaping prisoner of war should be an extreme measure preceded by warnings appropriate to the circumstances.

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