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Article 19 - Evacuation of Prisoners

from Section I - Beginning of captivity

Published online by Cambridge University Press:  21 August 2021

Compiled by
International Committee of the Red Cross
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Summary

A Detaining Power is responsible for the well-being of its prisoners of warfrom the moment they fall into its power. This includes not only refrainingfrom prohibited acts, but also protecting the prisoners’ lives andwell-being. The obligation laid down in Article 19(1) to evacuate prisonersof war from the battlefield as soon as possible after they have fallen intothe power of the enemy is an element of this duty. Evacuation aims to ensurethat the prisoners are placed out of danger and facilitates theimplementation of other protections, such as those provided for in Article13. In line with this purpose, Article 19(2) allows for an exception toprompt evacuation: wounded or sick prisoners of war who, because of theircondition, would be at greater risk by being evacuated than by staying wherethey are, may temporarily be kept back in the danger zone.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 679 - 685
Publisher: Cambridge University Press
Print publication year: 2021

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References

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Glod, Stanley J. and Smith, Lawrence J., ‘Interrogation Under the 1949 Prisoners of War Convention’, Military Law Review, Vol. 21, July 1963, pp. 145–156.Google Scholar
Hingorani, Rup C., Prisoners of War, 2nd edition, Oceana Press, Dobbs Ferry, 1982.Google Scholar
Krähenmann, Sandra, ‘Protection of Prisoners in Armed Conflict’, in Fleck, Dieter (ed.), The Handbook of International Humanitarian Law, 3rd edition, Oxford University Press, 2013, pp. 359–411, at 386–388.Google Scholar
Levie, Howard S., Prisoners of War in International Armed Conflict, International Law Studies, U.S. Naval War College, Vol. 59, 1978, pp. 98–104.Google Scholar
Okimoto, Keiichiro, ‘Evacuation and Transfer of Prisoners of War’, in Clapham, Andrew, Gaeta, Paola and Sassòli, Marco (eds), The 1949 Geneva Conventions: A Commentary, Oxford University Press, 2015, pp. 957–976.Google Scholar

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