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A Prisoner of War or prisoner-of-war (POW) is a soldier who is imprisoned by an enemy power
during and immediately after an armed conflict.
Negotiated in partial response to the abuses of German POWs at the hands of the Allied Powers after the unconditional
surrender of Germany, the Geneva Conventions of 1949 provide a framework of protective rights of POWs. The basic principle is that being a soldier
is not a punishable act in itself. The laws apply from the moment a prisoner is captured until he is released or repatriated. One
of the main provisions of the convention makes it illegal to torture prisoners, and
states that a prisoner can only be required to give his name, date of birth, rank and service number (if applicable).
Article 4 of the Third Geneva Convention protects
captured military personnel, guerrilla fighters and certain civilians.
In principle, to be entitled to prisoner of war status, the captured soldier must have conducted operations according to the
laws and customs of war, e.g. be part of a chain of command, wear a uniform and bear arms openly. Thus, franc-tireurs, terrorists and
spies may be excluded. In practise these criteria are not always interpreted strictly.
Guerrillas, for example, may not wear a uniform or carry arms openly, yet are typically granted POW status if captured.
The status of POW does not include unarmed non-combatants who are captured in time of war; they are protected by the Fourth Geneva Convention rather than the Third Geneva
Convention.
The United States uses the term enemy prisoner of war (EPW)
for hostile forces, reserving the term prisoner of war for its own or Allied forces.
Among the longest held POWs are Moroccans in Tindouf, held by Polisario; one who was captured in 1975 was released in 2002. The longest held United
States POW in history was Colonel Floyd James Thompson, who
was captured in Vietnam in March 1964 and released in February 1973.
Alternative Definitions
Anarchist Black Cross Federation
has defined the term in its constitution as "those persons incarcerated as a result of political
beliefs or actions consciously undertaken and intended to resist exploitation and oppression, and/or hasten the implementation of
an egalitarian, sustainable, ethical, classless society, predicated on self determination and maximization of all people's
freedom."
November
Coalition definition
November Coalition
uses the term Prisoner of War to also refer to Prisoner of Drug War or Prisoner of
War on Drugs. Every person charged with the crime under the
statues of the Drug War fits that definition, whether or not that individual's arrest and conviction was legal.
Further reading
- Richard D.
Wiggers "The United States and the Denial of Prisoner of War (POW) Status at the End of the Second World War,"
Militargeschichtliche Mitteilungen 52 (1993) pp. 91-94.
See also
External Links
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