Abstract

Abstract This chapter examines the qualification provisions for prisoner of war (POW) status under the Third Geneva Convention (GC III). It shows that Article 4 GC III merely identifies groups whose members are entitled to POW status and enumerates conditions for other groups whose members are entitled to POW status. The Article does not identify general requirements for individual belligerent conduct, or for armies and armed groups generally. Nor, strictly speaking, does it constitute a code of conduct or enumeration of criminal offences. By de-coupling POW status determinations from combatant immunity and other individual pre-capture conduct, the interpretive approach advocated by this chapter ensures broad and principled application of the GC III protective regime by states.

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