THE TREATMENT OF PRISONERS OF WAR UNDER THE INTERNATIONAL HUMAN RIGHTS REGIME: EFFICACIOUS OR IS IT TIME FOR RETOOLING?
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Abstract
The history pertaining to the prisoner of war is as old as the history of warfare and throughout the course of such history we have always worshipped the victor and the loser is often erased from our memories. As the search for legal protection of these prisoners can be traced back to as early as the Hammurabi Code in Babylon, in this paper the author argues whether the modern institutions of international law have really been able to achieve the standards envisioned by them during the inception of the codified law pertaining to the rights of these prisoners.
By delving into various aspects such as the historical background of the prisoners of war, the shortcomings of the Convention Relative to the Treatment of Prisoners of War, Geneva 1949 and whether retooling is necessary in order to construct a consolidated regime upholding the humanitarian nature of such rights.
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