THE PROTECTION OF PRISONERS OF WAR UNDER INTERNATIONAL HUMANITARIAN LAW

Abstract

Humane treatment to prisoners of war is legalized, however, in some instances, states and warring factions disregardon this obligation and abuse soldiers and combatants that have either surrounded or held in captivity after beingcaptured. This work aims at finding out the protection available to prisoners of war under international humanitarianlaw and the extent of such protection if any. This is because in many situations of warfare, the detaining powerholding the surrendered soldiers or those captured most often tortures the Prisoners of war and some other timesdeny them their basic needs of food, medicals, clothing etc. The work looked at the basic treatment that prisoners ofwar are entitled under humanitarian law and the possible challenges towards realizing them. The method adopted inthis research is doctrinal, primary and secondary sources of data namely textbooks, statutes, legislations, and librarysources were used as well reference to journals, periodicals and judicial authorities. It was found out in this work thatelaborate provisions have been made under humanitarian law treaties and conventions for the protection of Prisonersof war but the challenge is that most of the time the basic provisions and rules of armed conflict are not obeyed by theparties to the conflict, there is always violations which cause more problem than expected. The strong parties to theconflict often exploit the weak side by sometimes adopting strategies which negatively impact on the sensibilities andphysical realities of the conditions of combatants in captivity under the detaining power. It is recommended in thiswork that the extant rules of armed conflict not only as it relates to Prisoners of war but to other categories of victimsmust be obeyed and compiled with while non-compliance should attract sanctions including holding perpetrators ofsuch criminal actions and violations accountable. It is concluded that humanitarian law recognizes the Prisoners ofwar as world citizens and should like every other person be protected under the law irrespective of the situation theyfind themselves.