Why is their status under the third Geneva Convention important?
Under international law, taking up arms in the context of an armed conflict is not in itself an illegal act. Therefore the third Geneva Convention sets out requirements to protect captured soldiers from being tried and punished simply for being members of an enemy army. PoWs cannot be detained indefinitely and must be released and repatriated at the end of “active hostilities” — unless they are charged with a recognized criminal offense. Denying a PoW a fair trial is a war crime. (See the full text of the third Geneva Convention on the web at: www.unhchr.ch/html/menu3/b/91.htm) It’s important for all governments to adhere to the Geneva Convention because: • The Geneva Convention is part of the body of international law. It’s unacceptable for governments to pick and chose which laws they will respect. • Without the Geneva Convention, soldiers of any nation could be tried and punished merely for carrying out their lawful duties. It’s in the interest of all nations to affirm and respect
