THE PARADOX IN THE TREATMENT OF PRISONERS OF WAR

Abstract

Prisoners of War are combatants who for whatever reasons found themselves under the power and control of the adverse party. These persons are entitled to special protection under relevant Rules and Conventions not for the reason of falling into the hand of the adverse party but mainly because they are representatives of a foreign State. This paper examines the definition of prisoners of war, requirements for their interment, contrast between prisoners of war and ordinary prisoners and finally deliberates on the paradox of how prisoners of war are required to be treated. This paper finds that the provisions regarding the treatment of prisoners of war are laudable indeed but may not be attainable in practice in many States. This paper recommends that Protecting Powers should take their roles seriously in ensuring that prisoners of war are properly treated during periods of armed conflict. This paper also emphasizes the role of the ICRC and Civil Society Organisations in ensuring that Detaining Powers live up to the expectation required of them. Finally, this paper posits that since Prisoners of War are not criminals, they should be treated differently and better.