ЗАШТИТА КОЈУ ОБЕЗБЕЂУЈЕ СТАТУС РАТНОГ ЗАРОБЉЕНИКА У МЕЂУНАРОДНОМ ХУМАНИТАРНОМ ПРАВУ
PROTECTION GUARANTEED BY THE PRISONER OF WAR STATUS IN INTERNATIONAL HUMANITARIAN LAW

Summary/Abstract: In international humanitarian law, the status of a prisoner of war (POW) is given to certain categories of persons involved in armed conflicts who fall into the power of an adverse party. The most important category among them are combatants, i.e. members of the armed forces. However, the notion of a POW is much wider as it includes non-combatants, i.e. persons who accompany the armed forces without being their actual members. The protection guaranteed to POWs under the international humanitarian law is a compromise between two distinct interests. On the one hand, the main interest of the Detaining Power that holds prisoners in captivity is to weaken the enemy’s military forces by hindering their further participation in fights. On the other hand, the interest of the POWs is to be protected in accordance with the basic international human rights standards. The protection of POWs in international humanitarian law is twofold. In addition to the basic protection principles, there are series of specific and very detailed rules governing the content of this protection. These rules apply to all aspects of captivity, starting from the moment of capturing POWs and their subsequent treatment until the termination of captivity. In the minutest detail, these rules regulate a number of significant issues relevant to the POWs life in captivity, such as: evacuation; interrogation; quarters in prisoner camps; food and clothing; hygiene and medical care; assistance of medical and religious personnel; religious services, intellectual and physical activities; discipline in detention camps; military ranks; transfers; labour; financial resources; relations with the outside world and authorities; disciplinary and penal liability. Captivity may be terminated in the course of hostilities due to the prisoner’s death, a successful escape, a release on parole or promise, direct repatriation or accommodation in a third (neutral) country, and a prisoner exchange. After the cessation of active hostilities, all POWs must immediately be released and repatriated. Unreasonable delay of repatriation of prisoners of war constitutes a grave violation of international humanitarian law and is therefore qualified as a war crime.

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