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shali
24-03-2003, 10:24 AM
Just to make sure you have an edge at teh tarik chats on the Iraq war, this basic stuff might come handy:--

THE LAW OF WAR
============
The Geneva Conventions and the Additional Protocols-Basic Rules", apply to armed conflicts. They set out the fundamental rules which are the basis of these treaties and the law of armed conflicts as a whole.

1. Persons hors de combat (unable to fight because wounded)and those who do not take a direct part in hostilities are entitled to respect for their lives and their moral and physical integrity. They shall in all circumstances be protected and treated humanely without any adverse distinction.[ Note -- In all circumstances, they shall be treated humanely and shall receive, to the fullest possible extent and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction between them on any other grounds. Women shall be treated with all the particular consideration due to their sex]

2. It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.

3. The wounded and sick shall be collected and cared for by the party to the conflict which has them in its power.
Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red
cross or the red crescent is the sign of such protection and must be respected.[Note -- At all times, and particularly after an engagement, Parties to a conflict must immediately take all possible measures to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill-treatment and ensure their adequate care, as well as to search for the dead and prevent their being despoiled. The Conventions specify that Parties to a conflict must ensure that burial, cremation or burial at sea of the dead, carried out individually as far as circumstances permit, is preceded by a careful and, if possible, medical examination of the bodies with a view to confirming death, establishing identity and making possible a report]

4. Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives,dignity, personal rights and convictions. They shall be protected against all acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.

5. Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be held responsible for an act he has not committed. No one shall be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment.[Note -- The following acts, committed against the persons mentioned above, are and must remain prohibited at all times and in all places:--

a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

b) taking of hostages;

c) outrages upon personal dignity, in particular, humiliating and degrading treatment;

d) the passing of sentences and carrying out of executions without previous judgement pronounced by a regularly
constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples]



6. Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. It is prohibited to employ weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering (WMD??)

7. Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the object of attack. Attacks shall be directed solely against military objectives.


QUESTION: Should they keep quiet if prisoners are captured?
ANSWER: Parties to a conflict must record all available particulars which could help to identify the wounded, sick and dead who have fallen into their hands: the Power on which they depend or nationality, regimental number, surname and first name, date of birth, date and place of capture and the nature of actions taken with regard to the individuals concerned, etc. This information is to be forwarded as soon as possible to the Information Bureau provided for in Convention III for transmission to the adverse Party, particularly through the intermediary of the Central Tracing Agency of the International Committee of the Red Cross (CTA).

QUESTION: What about civillians who wish to be hero in war?
The status or treatment of prisoner of war is extended to various categories of persons who do not come under
the definition of combatants as given below, or who are not combatants. The following are thus also entitled to the status of prisoner of war:

- those taking part in a levy en masse, that is, when the inhabitants of a non-occupied territory spontaneously take up arms on the approach of the enemy to combat invasion without having had time to organize themselves as laid down under point a) above, if they carry their arms openly and respect the laws and customs of war;
-persons authorized to follow the armed forces without being directly part of them;
-crews of the merchant marine and civil aviation;
-members of military personnel serving in civil defence organizations.

The following are entitled only to the treatment of prisoner of war:
- persons arrested in occupied territory because they belong to the armed forces of the occupied country;
- military internees in a neutral country;
- members of non-combatant medical and religious personnel who are part of the armed forces.

If doubtful?
The Protocol specifies that any person taking part in hostilities and captured is presumed to be a prisoner of war and is treated as a prisoner of war, even in case of doubt as to his status. In the latter case, the question will be decided by a tribunal at a later date.

QUESTION: What about James Bond and spies?
ANSWER: Intelligence Spies and mercenaries are not entitled to the status of prisoner of war. Children under the age of fifteen shall not be recruited into the armed forces.

QUESTION: Hey, what about war journalist or correspondents, like CNN guys with the battlegroup?

ANSWER: Article 81 of the 1929 Convention stipulates that "persons who follow the armed forces without directly belonging thereto, such as correspondents, newspaper reporters, sutlers or contractors, who fall into the hands of the enemy, and whom the latter think fit to detain, shall be entitled to be treated as prisoners of war, provided that they are in possession of an authorisation from the military authorities of the armed forces which they were following."


Compiled: shali

empress_julz
25-03-2003, 12:34 AM
brilliant post, shali.

iraq broke the geneva convention by broadcasting the prisoners of war. that's the first for this war.