A prisoner exchange or prisoner swap is a deal between opposing sides in a conflict to release prisoners: prisoners of war, spies, hostages, etc. Sometimes, dead bodies are involved in an exchange. [1]
A prisoner exchange or prisoner swap is a deal between opposing sides in a conflict to release prisoners: prisoners of war, spies, hostages, etc. Sometimes, dead bodies are involved in an exchange. [1]
Under the Geneva Conventions, prisoners who cannot contribute to the war effort because of illness or disability are entitled to be repatriated to their home country. That is regardless of number of prisoners so affected; the detaining power cannot refuse a genuine request. [2]
Under the Geneva Convention (1929), this is covered by Articles 68 to 74, and the annex. One of the largest exchange programmes was run by the International Red Cross during World War II under these terms. [3] Under the Third Geneva Convention of 1949, that is covered by Articles 109 to 117.
The Second World War in Yugoslavia saw a brutal struggle between the armed forces of the Third Reich and the communist-led Partisans. Despite that, the two sides negotiated prisoner exchanges virtually from the beginning of the war. Under extraordinary circumstances, these early contacts evolved into a formal exchange agreement, centered on the creation of a neutral zone, possibly the only such in occupied Europe, where prisoners were regularly swapped until late April 1945, saving several thousand lives. [4]
The organized International Red Cross and Red Crescent Movement is a humanitarian movement with approximately 16 million volunteers, members, and staff worldwide. It was founded to protect human life and health, to ensure respect for all human beings, and to prevent and alleviate human suffering.
A prisoner of war (POW) is a person who is held captive by a belligerent power during or immediately after an armed conflict. The earliest recorded usage of the phrase "prisoner of war" dates back to 1610.
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties.
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.
The law of war is a component of international law that regulates the conditions for initiating war and the conduct of hostilities. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.
A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized—such as a relative, employer, law enforcement, or government—to act, or refrain from acting, in a certain way, often under threat of serious physical harm or death to the hostage(s) after expiration of an ultimatum. The Encyclopædia Britannica Eleventh Edition defines a hostage as "a person who is handed over by one of two belligerent parties to the other or seized as security for the carrying out of an agreement, or as a preventive measure against certain acts of war."
Francs-tireurs were irregular military formations deployed by France during the early stages of the Franco-Prussian War (1870–71). The term was revived and used by partisans to name two major French Resistance movements set up to fight against Nazi Germany during World War II.
Disarmed Enemy Forces is a US designation for soldiers who surrender to an adversary after hostilities end, and for those POWs who had already surrendered and were held in camps in occupied German territory at the time. It was General Dwight D. Eisenhower's designation of German prisoners in post–World War II occupied Germany.
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war. It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.
Protocol I is a 1977 amendment protocol to the Geneva Conventions concerning the protection of civilian victims of international war, such as "armed conflicts in which peoples are fighting against colonial domination, alien occupation or racist regimes". In practice, Additional Protocol I updated and reaffirmed the international laws of war stipulated in the Geneva Conventions of 1949 to accommodate developments of warfare since the Second World War (1937–1945).
The Hostages Trial was held from 8 July 1947 until 19 February 1948 and was the seventh of the twelve trials for war crimes that United States authorities held in their occupation zone in Germany in Nuremberg after the end of World War II. These twelve trials were all held before US military courts, not before the International Military Tribunal, but took place in the same rooms at the Palace of Justice. The twelve US trials are collectively known as the "Subsequent Nuremberg Trials" or, more formally, as the "Trials of War Criminals before the Nuremberg Military Tribunals" (NMT).
The Geneva Convention on Prisoners of War was signed at Geneva, July 27, 1929. Its official name is the Convention relative to the Treatment of Prisoners of War, Geneva July 27, 1929. It entered into force 19 June 1931. It is this version of the Geneva Conventions which covered the treatment of prisoners of war during World War II. It is the predecessor of the Third Geneva Convention signed in 1949.
The Crveni Krst concentration camp, also known as the Niš concentration camp, located in Crveni Krst, Niš, was operated by the German Gestapo and used to hold captured Serbs, Jews and Romanis during the Second World War. Established in mid-1941, it was used to detain as many as 35,000 people during the war and was liberated by the Yugoslav Partisans in 1944. More than 10,000 people are thought to have been killed at the camp. After the war, a memorial to the victims of the camp was erected on Mount Bubanj, where many inmates were shot. A memorial museum was opened on the former campgrounds in 1967 and in 1979 the campgrounds were declared a Cultural Monument of Exceptional Importance and came under the protection of the Socialist Republic of Serbia.
Gilad Shalit is a former MIA soldier of the Israel Defense Forces (IDF) who, on 25 June 2006, was captured by Palestinian militants in a cross-border raid via tunnels near the Israeli border. Hamas held him captive for over five years until his release on 18 October 2011 as part of a prisoner exchange deal.
A protecting power is a country that represents another sovereign state in a country where said sovereign state lacks its own formal diplomatic representation in the protecting power’s state. It is common for protecting powers to be appointed when two countries break off diplomatic relations with each other. The protecting power is responsible for looking after the protected power's diplomatic property and citizens in the hosting state. If diplomatic relations were broken by the outbreak of war, the protecting power will also inquire into the welfare of prisoners of war and look after the interests of civilians in enemy-occupied territory.
The Rule of Law in Armed Conflicts Project is an initiative of the Geneva Academy of International Humanitarian Law and Human Rights to support the application and implementation of the international law of armed conflict.
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone.
Restoring Family Links (RFL) is a program of the Red Cross and Red Crescent Movement, more specifically the International Committee of the Red Cross (ICRC) and National Red Cross and Red Crescent Societies involving activities that aim to prevent separation and disappearance, look for missing persons, restore and maintain contact between family members and clarify the fate of persons reported missing. The activities are carried out by the components of the RFL is sometimes also referred to as family tracing.
The German–Yugoslav Partisan negotiations were held between German commanders in the Independent State of Croatia and the Supreme Headquarters of the Yugoslav Partisans in March 1943 during World War II. The negotiations – focused on obtaining a ceasefire and establishing a prisoner exchange – were conducted during the Axis Case White offensive. They were used by the Partisans to delay the Axis forces while the Partisans crossed the Neretva River, and to allow the Partisans to focus on attacking their Chetnik rivals led by Draža Mihailović. The negotiations were accompanied by an informal ceasefire that lasted about six weeks before being called off on orders from Adolf Hitler. The short-term advantage gained by the Partisans through the negotiations was lost when the Axis Case Black offensive was launched in mid-May 1943. Prisoner exchanges, which had been occurring between the Germans and Partisans for some months prior, re-commenced in late 1943 and continued until the end of the war.
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