PROTECTION OF PRISONERS OF WAR: A LEGAL APPRAISAL

Abstract

Humane treatment to prisoners of war is legalized, however, in some instances, states and warring faction’s abased 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 torture the POWs and some other times deny them basic needs of food, medicals, clothing, clothing etc. thus, the work looked at the basic treatment that POWs are entitled under humanitarian law and the possible challenges towards realizing them. The method adopted in this research is doctrinal and primary and secondary sources of data namely textbooks, statutes, legislations, and library sources were used as well as 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 POWs 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 conflicts, 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 POW’s but to other categories of victims are 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 POWs as world citizens and should like every other person be protected under the law irrespective of the situation, they find themselves.