In response to India’s action against a terrorist camp in Balakot, Pakistani Airforce retaliated against Indian military installations, which led to the loss of an Indian MiG 21. The pilot, Wing Commander Abhinandan, is believed to be missing, and Pakistan claims to have him under their custody. India, on its part, has invoked the Geneva Conventions of 1949 to demand the release of the detained wing commander.
Understanding the Geneva Conventions
The Geneva Conventions are a collection of international treaties drafted in 1949 aimed at enforcing humane behavior during wars and conflicts. The conventions apply to non-combatants (civilians and medical personnel) and combatants who are no longer engaged in active fighting, such as prisoners of war (POWs), wounded, or ill soldiers. All countries globally are signatories to these convents.
Under the umbrella of the Geneva Conventions, the captured Indian Air Force officer qualifies as a prisoner of war, given that India has declared its airstrikes as a “non-military” intelligence-led operation. Therefore, both parties are obliged to adhere to the conventions, and the IAF officer’s treatment must comply with the provisions for POWs under the Geneva Conventions.
Provisions for Prisoners of War
The conventions offer comprehensive guidelines regarding various situations that may arise for captives and their captors—ranging from internment conditions, religious needs, to the type of work captors can assign to POWs. Enshrined within the conventions is the prohibition of any unlawful act or omission that may result in death or serious health endangerment of a POW in the custody of the detaining power.
| Provision | Description |
|---|---|
| Physical Mutilation | Physical mutilation or medical/scientific experiments not justified by the POW’s medical, dental, or hospital treatment and not in his interest are banned. |
| Protection Against Violence | POWs must be protected against violence, intimidation, insults, and public curiosity at all times. |
| Information Extraction | POWs should not be subjected to physical or mental torture or any other form of coercion to extract information. Failure to answer questions should not invite punishment. |
| Hostage Taking | The conventions prohibit using POWs as hostages or human shields. POWs must have access to safety, evacuation facilities, health facilities, prayer, recreation, and exercise. |
| Communication | The detaining power must facilitate correspondence between the POW and his family, ensure swift communication, and allow books or care packages from external sources. |
Release and Repatriation Provisions for POWs
The conventions mandate immediate repatriation of seriously wounded or sick POWs, post adequate care, making them fit for travel. Parties involved in the conflict are expected to agree on the expedient return of POWs upon reaching a cease-fire agreement. The parties can also negotiate special arrangements for enhancing POWs’ conditions of internment or their release and repatriation.
For instance, after the 1971 war, India had in its custody over 80,000 Pakistani troops who had surrendered post the liberation of Dhaka. However, under the Shimla Agreement of 1972, India agreed to release them.
Monitoring Compliance with the Geneva Conventions
The Geneva Conventions employ a system of “Protecting Powers” to ensure each party involved in a conflict complies with the convention’s provisions. Though each side should designate states not party to the conflict as their “Protecting Powers,” in practice, the International Committee of the Red Cross (ICRC) usually assumes this role. During the Kargil War, for example, Pakistan returned Flt Lt Nachiketa, captured after ejecting from his burning Mi-27, after eight days, following intense diplomatic endeavors by the Vajpayee government and intervention by the ICRC. However, another POW, Squadron Ldr Ajay Ahuja, was killed while in captivity.
