THE PROTECTION OF PRISONERS OF WAR UNDER INTERNATIONAL HUMANITARIAN LAW

Abstract

Humane treatment to prisoners of war is legalized, however, in some instances, states and warring factions disregard on this obligation and abuse soldiers and combatants that have either surrounded or held in captivity after being captured. This work aims at finding out the protection available to prisoners of war under international humanitarian law and the extent of such protection if any. This is because in many situations of warfare, the detaining power holding the surrendered soldiers or those captured most often tortures the Prisoners of war and some other times deny them their basic needs of food, medicals, clothing etc. The work looked at the basic treatment that prisoners of war are entitled under humanitarian law and the possible challenges towards realizing them. The method adopted in this research is doctrinal, primary and secondary sources of data namely textbooks, statutes, legislations, and library sources were used as well reference to journals, periodicals and judicial authorities. It was found out in this work that elaborate provisions have been made under humanitarian law treaties and conventions for the protection of Prisoners of war but the challenge is that most of the time the basic provisions and rules of armed conflict are not obeyed by the parties to the conflict, there is always violations which cause more problem than expected. The strong parties to the conflict often exploit the weak side by sometimes adopting strategies which negatively impact on the sensibilities and physical realities of the conditions of combatants in captivity under the detaining power. It is recommended in this work that the extant rules of armed conflict not only as it relates to Prisoners of war but to other categories of victims must be obeyed and compiled with while non-compliance should attract sanctions including holding perpetrators of such criminal actions and violations accountable. It is concluded that humanitarian law recognizes the Prisoners of war as world citizens and should like every other person be protected under the law irrespective of the situation they find themselves.