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The object and purpose of the Third Geneva Convention is to ensure that prisoners of war are humanely treated at all times, while allowing belligerents to intern captured enemy combatants to prevent them from returning to the battlefield. But what happens when, in a concrete situation, these two overarching considerations point in different directions?
In this post – part of a joint blog symposium with Just Security and EJIL:Talk! exploring the new ICRC Commentary on the Third Geneva Convention (GCIII Commentary) – ICRC legal advisor Kubo Mačák explores when, and on what legal grounds, a resource-strained Detaining Power might be required to release the prisoners of war in its power. He draws together the legal analysis provided in several articles of the GCIII Commentary and positions it against the backdrop of the applicable rules of international humanitarian law and general international law. |
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