Status of Prisoners of War in Islam
The assigned topic for project is “The Status of Prisoners of War in International Humanitarian Law”.
To end up this project with a fruitful discussion along with a reasonable conclusion we proceeded with the discussion in the following manner.
Starting with the introduction of what a prisoner war actually is, his qualifications to be so, his certain relaxations to be enjoyed as a prisoner of war in international humanitarian law. Followed by its status in ancient times, that what were the procedures for dealing with them at that time. This period is of about fourth century AD.
Afterwards the status of POWs in the middle ...view middle of the document...
And to sum up all this discussion certain points to conclude with for this issue are being noted in black and white.
WHO IS PRISONER?
A prisoner of war,any person captured or interned by a belligerent power during war. In the strictest sense it is applied only to members of regularly organized armed forces, but by broader definition it has also included guerrillas, civilians who take up arms against an enemy openly, or noncombatants associated with a military force.
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict.
A person captured in war; especially : a member of the armed forces of a nation who is taken by the enemy during combat.
QUALIFICATION OF PRISONERS OF WARS;
To be entitled to prisoner of war status, the captured service member must
• have conducted operations according to the laws and customs of war,
• be part of a chain of command,
• and wear a uniform and bear arms openly.
Thus, francs-tireurs, terrorists, saboteurs, mercenaries and spies may be excluded. In practice, these criteria are not always interpreted strictly. Guerrillas, for example, may not wear a uniform or carry arms openly yet are sometimes granted POW status if captured (although Additional Protocol may give them POW status in some circumstances). However, guerrillas or any other combatant may not be granted the status if they try to use both the civilian and the military status. Thus, uniforms and/or badges are important in determining prisoner of war status.
STATUS OF POWs IN DIFFERENT ERAS
In the early history of warfare there was no recognition of a status of prisoner of war, for the defeated enemy was either killed or enslaved by the victor. The women, children, and elders of the defeated tribe or nation were frequently disposed of in similar fashion. The captive, whether or not an active belligerent, was completely at the mercy of his captor, and if the prisoner survived the battlefield, his existence was dependent upon such factors as the availability of food and his usefulness to his captor. If permitted to live, the prisoner was considered by his captor to be merely a piece of movable property, a chattel. During religious wars, it was generally considered a virtue to put nonbelievers to death, but in the time of the campaigns of Julius Caesar a captive could, under certain circumstances, become a freedman within the Roman Empire.
For most of human history, depending on the culture of the victors, combatants on the losing side in a battle could expect to be either slaughtered or enslaved. The first Roman gladiators were prisoners of war and were named according to their ethnic roots such as Samnite, Thracian and the Gaul (Gallus). Typically, little distinction was made between combatants and civilians, although women and...