Prisoners of War in Contemporary Conflict

This volume explores the designation and treatment of prisoners of war (POWs) in modern conflicts, addressing unresolved issues and operational challenges, while reflecting on the historical context of international law.

Prisoners of War in Contemporary Conflict explores the complex legal framework surrounding the designation and treatment of prisoners of war (POWs) in modern warfare. Each chapter delves into specific issues that the contributors believe are either unresolved, operationally challenging, or insufficiently covered in existing literature. The renewed focus on this topic follows the 2021 release of the International Committee of the Red Cross (ICRC) Commentary on the 1949 Geneva Convention, which updated the earlier 1960 Pictet Commentary. This shift in attention prompted the Lieber Institute for Law and Warfare at West Point to initiate a project aimed at further investigating these critical issues.

The book is structured into three distinct parts. The first part addresses the criteria for qualifying for POW status, examining the legal nuances and challenges that arise in contemporary conflicts. The second part shifts focus to the rights and treatment that POWs are entitled to under international law, highlighting the operational difficulties that may hinder adherence to these standards. Finally, the third part provides a historical perspective on the international legal framework governing POWs, reflecting on its evolution and relevance in today's context.

While the ICRC's updated Commentary serves as a comprehensive resource, this book takes a more selective approach, concentrating on specific topics that warrant deeper exploration. The authors emphasize the importance of mitigating the harsh realities of war and improving the conditions for POWs, echoing the sentiments of the drafters of the Third Geneva Convention. This work invites scholars and practitioners to engage with the rules surrounding POWs thoughtfully and critically.