Parole of Prisoners of War Under Article 21 of the Third Geneva Convention: The Past, Present, and Future

Abstract

Abstract Article 21 of the Third wGeneva Convention contains something of a historical anomaly—the possibility of granting parole to prisoners of war (POWs). An Article 21 parole is an agreement on the part of the captive soldier to refrain from participating in hostilities in return for limited or unrestricted release from POW captivity. Parole—from the French “word” or “promise,” as in “to give one’s word”—is a concept grounded in medieval notions of chivalry and honor, underpinned by both pragmatic and humanitarian objectives, traceable as far back as ancient Roman times. By the eighteenth century, it was a given that POWs could be paroled during their captivity, with parole agreements established during conflicts such as the Franco-Prussian War, the Boer War, and the American Civil War. However, by the time of the adoption of Article 21, the practice of parole was far less common, with exceptionally limited employment of parole during the First and Second World Wars. With this historical background in mind, this chapter will examine the history of parole of POWs—why it was adopted, and why it has fallen into desuetude. The chapter will also examine whether the tradition of parole remains a viable or useful option for States, in light of new technologies and new practices in the conduct of armed conflicts.