7 Protection of Prisoners in Armed Conflict
Edited By: Dieter Fleck
- Armed conflict — Prisoners of war — Detention — Freedom from torture and cruel, inhuman, or degrading treatment — Right to non-discrimination
1. The legal framework. The protection of prisoners in armed conflict is based on ethical, military, and political elements. The humane treatment derives from fundamental legal obligations and the conviction that captured enemies no longer pose any threat to the lives of persons nor to the detaining power. While specific forms and procedures of treatment may be influenced by the former conduct of the prisoner during the combat, for example the use of prohibited weapons, attacks against protected persons, or perfidious conduct, standard rules of protection apply....