ABSTRACT
The status and treatment of captured and detained personnel is one of the most important, and at times complex, international humanitarian law issues. While common sense may dictate that any member of an armed group captured by an opponent is a prisoner of war, this is not legally accurate. Instead, the law includes a comprehensive definition of who qualifies for such status. Once so qualified, the law imposes a comprehensive regulatory regime intended to facilitate the authority of detaining powers to prevent the captive from returning to hostilities and the humanitarian objective of mitigating the adverse consequences of being detained by an enemy power. This chapter addresses these issues, focusing on the Geneva Convention Relative to the Treatment of Prisoners of War and, to a lesser extent, other treaty and customary international law rules relevant to prisoners of war and other detainees, such as civilian internees and individuals who fail to qualify for prisoner-of-war status. Overall, the chapter provides an overview of what might be best characterized as detention law. It explains the concept of prisoner of war, how that status is defined and assessed, and the basic protections that flow from the designation of prisoner of war. The chapter then addresses the unique status and treatment of non-combatant members of the armed forces—medical and religious personnel. Detention of civilians assessed as representing a threat to friendly forces is then explained. The chapter closes in outlining the status and treatment of individuals detained in the context of a non-international armed conflict.
