On trial: the Third Geneva Convention and judicial guarantees for prisoners of war

On trial: the Third Geneva Convention and judicial guarantees for prisoners of war

The first prisoners of war (POWs) in the international armed conflict in Ukraine have been prosecuted and sentenced. These trials will herald hundreds, if not thousands more, as the sides to the conflict have stated their intention to hold POWs in their hands accountable for serious crimes: Russia has reportedly opened investigations into over 1,000 Ukrainian POWs, while the office of Ukraine’s chief prosecutor claims to have registered over 15,000 allegations of war crimes and to have initiated at least 80 proceedings against alleged perpetrators. At the same time, the International Criminal Court is pursuing its own investigations into the situation in Ukraine. At the beginning of what is likely to be an avalanche of legal proceedings, mostly against POWs, it is worth recalling the rules that apply to their trials. In this post, ICRC Legal Adviser Yvette Issar outlines the fair trial guarantees that must be available to POWs if legal proceedings are instituted against them. These are contained in the Third Geneva Convention (GCIII) adopted in 1949, and now universally ratified. More comprehensive information on these rights is contained in the ICRC’s recently updated Commentary on the Third Geneva Convention. Read the full blog: https://blogs.icrc.org/law-and-policy/2022/06/23/on-trial-geneva-…prisoners-of-war/

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