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Prisoners
of war and humanitarian law
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A
prisoner of war is a combatant, generally a member of the armed forces
of a party to an international armed conflict or an individual enjoying
equivalent legal status, who has fallen into the hands of an adverse party.
Individuals
enjoying equivalent status include war correspondents, supply contractors,
merchant marine and civil aircraft crews, and civilians who spontaneously
take up arms to resist invading forces (Art. 4, Third Geneva Convention
of 1949). In case of doubt, any person who takes part in hostilities is
presumed to be a prisoner of war (Art. 45.1, Additional Protocol I of 1977).
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