The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. The Geneva Convention relative to the Treatment of Prisoners of War was first adopted in 1929, but significantly revised on 12 August at the 1949 conference. It defines humanitarian protections for prisoners of war. There are 196 state parties to the convention.
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👉 Third Geneva Convention in the context of Prisoner-of-war camp
A prisoner-of-war camp (often abbreviated as POW camp) is a site for the containment of enemy fighters captured as prisoners of war by a belligerent power in time of war.
There are significant differences among POW camps, internment camps, and military prisons. Purpose-built prisoner-of-war camps appeared at Norman Cross in England in 1797 during the French Revolutionary Wars and HM Prison Dartmoor, constructed during the Napoleonic Wars, and they have been in use in all the main conflicts of the last 200 years. The main camps are used for marines, sailors, soldiers, and more recently, airmen of an enemy power who have been captured by a belligerent power during or immediately after an armed conflict. Civilians, such as merchant mariners and war correspondents, have also been imprisoned in some conflicts. Per the 1929 Geneva Convention on Prisoners of War, later superseded by the Third Geneva Convention, such camps have been required to be open to inspection by representatives of a neutral power, but this hasn't always been consistently applied.
In this Dossier
- ⭐ Core Definition: Third Geneva Convention
- 👉 Third Geneva Convention in the context of Prisoner-of-war camp
- Third Geneva Convention in the context of Geneva Conventions
- Third Geneva Convention in the context of Combatant
- Third Geneva Convention in the context of Hooding
- Third Geneva Convention in the context of List of parties to the Geneva Conventions
- Third Geneva Convention in the context of Unlawful combatant
- Third Geneva Convention in the context of Geneva Convention on Prisoners of War
Third Geneva Convention in the context of Geneva Conventions
The Geneva Conventions is a term used to collectively refer to the four Geneva Conventions of 1949 along with their two optional protocols (Additional Protocols I and II), which form the core of international humanitarian law and establish international legal standards for the treatment of non-combatants in war. Negotiated in the aftermath of the World War II, the Geneva Conventions of 1949 consist of four agreements, which replaced three earlier humanitarian conventions of 1906 and 1929 and added two new conventions. The First Geneva Convention addresses the treatment of sick and wounded field soldiers, Second Geneva Convention addresses the treatment of sick and wounded sailors, Third Geneva Convention addresses the treatment of prisoners or war, and Fourth Geneva Convention addresses the treatment of civilians during armed conflict.
Aside from the UN Charter, the Geneva Conventions are among the most widely ratified international agreements. The 1949 conventions were ratified, in their entirety or with reservations, by 196 countries. Much of the international humanitarian law contained in the Geneva Conventions has become customary international law, and therefore would apply to all states and non-state armed groups, even those that are not a party to the Geneva Conventions. The legal obligations created under the Geneva Conventions are somewhat different from other international treaties in that a breach of the Geneva Conventions by one party does not furnish a directly affected party with the option to cease complying with its treaty obligations.
Third Geneva Convention in the context of Combatant
Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded immunity from being directly targeted in situations of armed conflict and can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support.
In an interstate conflict, the definition of "combatant" is found in Article 43 (2) of Additional Protocol I to the 1949 Geneva Conventions: "Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third [Geneva] Convention) are combatants, that is to say, they have the right to participate directly in hostilities." Combatants when captured by an opposing party are automatically granted the status of protected persons, whether as prisoners of war or unlawful combatants.
Third Geneva Convention in the context of Hooding
Hooding is the placing of a hood over the entire head of a prisoner. Hooding is widely considered to be a form of torture; one legal scholar considers the hooding of prisoners to be a violation of international law, specifically the Third and Fourth Geneva Conventions, which demand that persons under custody or physical control of enemy forces be treated humanely. Hooding can be dangerous to a prisoner's health and safety. It is considered to be an act of torture when its primary purpose is sensory deprivation during interrogation; it causes "disorientation, isolation, and dread." According to the International Committee of the Red Cross, hooding is used to prevent a person from seeing, to disorient them, to make them anxious, to preserve their torturer's anonymity, and to prevent the person from breathing freely.
In 1997, the United Nations Committee Against Torture had concluded that hooding constituted torture, a position it reiterated in 2004 after the committee's special rapporteur had "received information on certain methods that have been condoned and used to secure information from suspected terrorists."
Third Geneva Convention in the context of List of parties to the Geneva Conventions
The Geneva Conventions, which were most recently revised in 1949, consist of seven individual treaties which are open to ratification or accession by any sovereign state. They are:
- The Geneva Conventions
- Additional Protocols
The four 1949 Conventions have been ratified by 196 states, including all UN member states, both UN observers (the Holy See and the State of Palestine), as well as the Cook Islands. The Protocols have been ratified by 175, 170 and 80 states respectively. In addition, Article 90 of Protocol I states that "The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the [International Fact-Finding] Commission to enquire into allegations by such other Party, as authorized by this Article." 77 states have made such a declaration.
Third Geneva Convention in the context of Unlawful combatant
In the law of the US, Israel and the UK, an unlawful combatant, illegal combatant, or unprivileged combatant/belligerent is a person who directly engages in armed conflict and therefore is deemed not to be a lawful combatant protected by the Geneva Conventions.Critics, such as the International Committee of the Red Cross, point out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.
The Geneva Conventions apply in wars between two or more opposing sovereign states. They do not apply to civil wars between state forces, whether territorial or third state, and non-state armed groups. A state in such a conflict is legally bound only to observe Common Article 3 of the Geneva Conventions. All parties are otherwise completely free to either apply or not apply any of the remaining Articles of the Conventions. Article 5 of the Third Geneva Convention states that the status of detainees whose combatant status is in doubt should be determined by a competent tribunal. Until such time, they must be treated as prisoners of war. After a competent tribunal has determined that an individual is not a lawful combatant, the detaining power may choose to accord the individual the rights and privileges of a prisoner of war as described in the Third Geneva Convention, but is not required to do so. An individual who is not a lawful combatant, who is not a national of a neutral state living in the belligerent territory, and who is not a national of a co-belligerent state, retains rights and privileges under the Fourth Geneva Convention and must be "treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial".
Third Geneva Convention in the context of Geneva Convention on Prisoners of War
The Geneva Convention on Prisoners of War was signed at Geneva, July 27, 1929. Its official name is the Convention relative to the Treatment of Prisoners of War. It entered into force 19 June 1931. It is this version of the Geneva Conventions which covered the treatment of prisoners of war during World War II. It is the predecessor of the Third Geneva Convention signed in 1949.
On their web site, the International Committee of the Red Cross states that: