Should Unlawful Combatants be Considered as Prisoners of War when Captured?
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Abstract
When an enemy combatant is captured or held captive, they are typically designated as a prisoner of war (POW), which grants them certain rights and protections under the Geneva Conventions. Even during the pre-trial detention phase, it is expected that the State or the capturing belligerent party treats the combatant humanely. However, a complication arises in distinguishing between "enemy combatants," a term that encompasses both "lawful" and "unlawful" combatants. While lawful combatants are automatically granted POW status, classifying unlawful combatants in a similar manner is generally discouraged. Consequently, captured combatants may be denied the rights afforded to POWs. Although the term "enemy combatant" lacks an official existence in the Geneva Conventions, it is commonly used in other texts and has become a subject of debate. Regrettably, this omission leaves those involved in illegal armed conflict vulnerable to cruel punishments and inhumane treatment while in enemy custody. This research explores the discrimination between lawful and unlawful combatants, questioning whether it is justifiable to withhold POW status or proper protection solely based on the absence of explicit mention in the Geneva Conventions.
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