RETHINKING THE APPLICATION OF PRISONER-OF-WAR STATUS IN INTERNATIONAL HUMANITARIAN LAW

Abstract

This article examined the application of prisoner-of-war status in International Humanitarian Law within the context of the Geneva Conventions regime. It also interrogated the basis for the restriction of the said status to international armed conflict and made a case for its extension to non-international armed conflict. The Article argued that protection of persons no longer taking active part in armed conflict, among other things underscores the thrust of International Humanitarian Law. It further contended that the recognition of prisoners-of-war status represents one of the ways through which the said protection is realized. It however observed that the dichotomy existing between international and non-international armed conflicts as regards the application of prisoner-of-war status frustrates this protection as it is discriminatory; politically oriented and not geared towards realizing the spirit of International Humanitarian Law. To address this hitch, this article recommended among other things the application of the full extent of the four Geneva Conventions to non-international armed conflict. This, it is hoped will harmonize the application of prisoner-of-war status in International Humanitarian Law and advance the spirit of International Humanitarian Law.