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With the unconfirmed reports of an #IndianAirForce pilot being captured by #Pakistan, we are doing a short thread on how International Law looks at this situation
Prisoners of War (POW) are combatant who have fallen into the hands of the enemy or specific type of non-combatants to whom the Third Geneva Convention applies
In this case, the person is a POW as he falls within the definition provided by ICRC, as being a member of the armed forces of the State.
Full list of who qualify as POW Article 4 of the Third Geneva Convention 1949. web.law.columbia.edu/sites/default/…
The status of POW is only afforded in cases of international armed conflict. The status of the conflict between India and Pakistan cannot be strictly termed as international armed conflict as India’s measures were focused on counter terrorism by pre-emptive air strikes.
In the video, you see him identifying himself as member of the IAF, along with his badge number.The reason he could be doing so is to avail the status of POW as one of the first requirements for qualification is to clearly distinguish yourself as a combatant of the other state.
Once POW status is awarded to a combatant, they may be interned without any particular procedure or no individual reason. The purpose of this internment is not to punish them but only to hinder their direct participation in hostilities.
As per international law, they cannot be prosecuted for taking part in hostilities. International law directs countries to treat POWs humanely in all circumstance. They are protected against any acts of violence, intimidation, insults and public curiosity.
International Humanitarian Law also provides for minimum conditions of detention to be covered for POWs such as accommodation, food, clothing, hygiene and medical care. (Part 3 of Third Geneva Convention).
Even if the situation is not of an international armed conflict, Article 3 common to the Geneva Convention dictates that persons deprived of liberty must be treated as humanely as possible.
Once the hostilities between countries have ended, Article 118-119 requires the detaining country to release and repatriate the POW.
This thread was just for information. Our dearest hope is that the situation for it's application does not come up and the pilot is back home safe.
Update: the capture of the pilot has since been confirmed by the Government.
