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10 - Animals as Combatants and as Prisoners of War?

from Part II - The Protection of Animals in International and Non-international Armed Conflicts

Published online by Cambridge University Press:  06 October 2022

Anne Peters
Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Jérôme de Hemptinne
Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Robert Kolb
Affiliation:
Université de Genève
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Summary

This chapter examines to what extent ‘animal soldiers’ could obtain two related legal status in light of their contribution to the war effort. They could be combatants when involved in hostilities and prisoners of war after falling into enemy hands. In consequence, they would be protected by Geneva Convention III and Additional Protocol I. While these status have not been envisaged to apply to animals, elements of the protection provided by the said instruments could inspire the analogous design of a protective regime for ‘animal soldiers’. This regime would be based on the following principles: no military involvement in hostilities, subsidiarity, humane treatment and animal dignity.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2022

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References

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