Law of War Handbook 2005

were from states that had signed the various international agreements dealing

with EPW's.16

Geneva Convention Relative to the Treatment of Prisoners of War in 1949. The

experience of World War I1 resulted in the expansion and codification of the

laws of war in four Geneva Conventions of 1949. With the exception of

Common Article 111, this Convention only applies to international armed

conflict. In such a conflict, signatories must respect the Convention in "all

circumstances." This language means that parties must adhere to the

Convention mila ate rally, even if not all belligerents are signatories. There are

provisions that allow non-signatories to decide to be bound. Moreover, with the

exception regarding reprisals, all parties must apply it even if it is not being

applied reciprocally. The proper treatment of EPW's has now risen to the level

of customary international law.

K. 1977 Additional Protocols to the 1949 Geneva Conventions. Protocol I,

International Armed Conflicts; Protocol 11, Internal Armed Conflicts. The U.S.

is not a party to either Protocol. Neither Protocol creates any new protections

for prisoners of war. They do, however, have the effect of expanding the

definition of "status," that is, who is entitled to the GPW protections in

international armed conflict, and narrowing the coverage of Common Article 3

of the GPW in internal armed conflicts.

11. PRISONER OF WAR STATUS AS A MATTER OF LAW

A. Important Terminology.

1. Prisoners of War (POWs): A detained person as defined in Articles 4 & 5,
   GPW (FM 27-10,861).


2. Civilian Internees: A civilian who is interned during armed conflict or
   occupation for security reasons or for protection or because he has committed
   an offense against the detaining power (Joint Pub 1-02).''

l6 Id.
l7 DEP'TOF DEF., JOINT P~TBLICATION 1 (1 June 1987). See also Section IV, Geneva Convention Relative to
the Protection of Civilian Persons in Time of War, 12 August 1949 (reprinted in DA PAM. 27-l)[hereinafter
GC] and the Protections of Civilians in Armed Conflict chapter of this text.