Explainer: What International Law Says About POWs and Their Rights?

Kenyan Evans Kibet handed himself over to Ukrainian forces after he was reportedly forcibly conscripted into fighting for the Russian milita...

Kenyan Evans Kibet handed himself over to Ukrainian forces after he was reportedly forcibly conscripted into fighting for the Russian military.

This came after his trip to the country prior to being offered a job, signing papers, and ending up in a military training camp.

After giving up, he is currently held in Ukraine as a prisoner of war, along with individuals from various countries around the world.

Although images of imprisonment typically trigger fear and doubt, a strong system of international law is in place to distinguish the handling of prisoners from the harshness of war.

At the core of this system lies the Third Geneva Convention from 1949, a treaty adopted by 196 nations that acts as the "bill of rights" for detained soldiers.

However, as conflicts transition from conventional state-to-state battles to intricate insurgencies that include private contractors and non-state entities, these long-standing regulations are encountering new and unprecedented challenges.

Not every individual seen on a battlefield is considered a Prisoner of War (POW).

The highly sought-after POW status—offering protection from legal consequences for legitimate wartime actions—is granted only to 'lawful combatants.'

As stated in Article 4 of the Third Geneva Convention, a prisoner of war is typically required to be part of the military forces of a party involved in the conflict.

However, militias, volunteer groups, and resistance organizations can also be considered, as long as they strictly fulfill four requirements, including being led by an individual who is accountable for their subordinates and having a clear, identifiable symbol visible from a distance (such as a uniform or armband).

They are also required to display weapons openly and carry out activities in line with the laws and traditions of warfare.

If a fighter does not pass these tests—for example, by concealing weapons to appear like regular civilians—they could be labeled as an "unlawful combatant."

These people do not have protection from prosecution under the laws of the country holding them for taking part in hostilities, but they still have basic human rights that protect them from torture and immediate killing.

Rights of a POW

Once a prisoner of war status is confirmed, a full protective system comes into effect.

The main idea is straightforward: prisoners of war are not criminals.

They are simply troops "removed from combat," held only to stop them from going back to the front lines.

According to international law, a prisoner of war must provide only their last name, first names, rank, date of birth, and military serial number. The "name, rank, and serial number" rule is strict and unyielding.

No bodily or psychological suffering, or any type of pressure, should be applied to obtain military information.

Inmates who decline to respond must not be intimidated, demeaned, or subjected to uncomfortable conditions.

The country holding prisoners is accountable for the well-being and care of POWs. This extends beyond just keeping them alive; it involves providing food that is as good as what is given to the detaining country's own troops in the same region.

Sick or injured prisoners must be provided with the same medical care as the detaining military force, be allowed complete freedom to practice their religion, attend religious services, and retain their personal belongings and effects (excluding weapons).

In contrast to common perception, prisoners of war can be made to work, but under specific conditions. Officers are not allowed to be forced to work, and non-commissioned officers can only be required to oversee others.

For enlisted members, work is permitted but should not have a military nature (for example, they cannot be compelled to produce arms intended for use against their own forces).

Interestingly, the Convention explicitly states that prisoners of war should receive compensation.

Authorities in charge of detention are required to offer "working pay" along with a monthly payment to enable inmates to buy minor comforts such as soap or cigarettes, maintaining a sense of respect and routine.

The 1949 Conventions were designed for a time when armed forces in uniform engaged in battles across well-established borders. Modern conflicts, however, often appear quite different, leading to legal "gray areas."

Private Military Contractors

The legal standing of employees at companies such as the former Blackwater (now Academi) or the Wagner Group (now Africa Corps) remains unclear.

In general, if they are not officially part of the military, they are regarded as non-combatants.

This implies that they do not have the "combatant's privilege" (the right to kill without facing murder charges) and are not automatically granted prisoner of war status upon capture, making them susceptible to legal prosecution.

Terrorists and Spies

Organizations that deliberately attack civilians or engage in combat without uniforms are typically not considered under the POW classification.

However, legal professionals emphasize that no individual is in a "legal black hole."

Even individuals who are not granted POW status are safeguarded under "Common Article 3" of the Geneva Conventions, which forbids killing, maiming, torture, and degrading treatment of anyone held in custody.

The responsibility for upholding these rights primarily lies with the International Committee of the Red Cross (ICRC).

The Geneva Conventions provide the ICRC with a special responsibility to visit prisoner-of-war camps, conduct private interviews with detainees (without the presence of guards), and assist in communication with their families via "Red Cross Messages."

This access acts as the main safeguard against misuse, ensuring that the power holding someone captive is aware that the world is observing.

The ultimate privilege of a prisoner of war is the right to depart.

Article 118 specifies that "Enemy combatants must be released and sent back to their home country as soon as active fighting stops."

They should not be used as negotiation tools or penalized simply for the act of defending their nation.

Provided by SyndiGate Media Inc. (Syndigate.info).