Humanitarian corridor for residents of Mariupol. Photo: Mykhailo Tereshchenko / TASS
The phrases "humanitarian corridor" and "Prisoner exchange" now often appear in the media and social networks amid the war in Ukraine. Enshrined in the 1949 Geneva Conventions (as a result of World War II), these concepts were to establish international legal standards for the humane treatment of those who did not initially have weapons during hostilities (all civilians) and those who lost their weapons (prisoners of war).
Lawyer and international law expert Gleb Bogush explained in an interview with Novaya Gazeta about how humanitarian corridors and prisoner exchanges should be organized, and what the essence of the Geneva Conventions is. The Page has chosen from this text the most important thing for Ukrainians now.
Treating prisoners of war
The cruel treatment of prisoners of war in any form is prohibited by the Geneva Conventions. Torture and inhuman treatment of prisoners of war are war crimes.
The perpetrators of such crimes can be prosecuted in both national and international courts. What is happening on the territory of Ukraine now comes under the jurisdiction of the International Criminal Court in The Hague, and the local prosecutor has already launched an investigation.
According to international law, war crimes have no statute of limitations.
There is no strict obligation in the III Geneva Convention relative to the Treatment of Prisoners of War to exchange prisoners. A captured person can remain in captivity until the end of the conflict, after which he must return home.
The following norms must be observed during captivity:
- the parties are obliged to guarantee protection to prisoners, especially from acts of violence or intimidation, from insults and curiosity of the crowd;
- prisoners must not be ill-treated;
- they must not be humiliated;
- it’s forbidden to put scientific experiments on them;
- deprive of medical care
etc. Prisoners of war cannot be prosecuted simply for their involvement in the conflict, as they have the immunity or privilege of a combatant. They can only be prosecuted for specific crimes.
What is the function of the Red Cross in the exchange of prisoners
The Red Cross is a kind of guardian of the Geneva Conventions. The function of the Red Cross during hostilities is access to prisoners. But in order for this function to be realized, the good will of one or another state is needed.
All parties to the conflict — parties to the Geneva Convention (Russia and Ukraine — parties) are obliged to cooperate with the Red Cross.
It should be kept in mind that the International Committee of the Red Cross always acts confidentially. It’s actions and operations are not public. Confidentiality is a condition and guarantee of helping people. If the Red Cross had not acted confidentially and neutrally, it would not have been able to carry out its mission in armed conflict. It would simply be removed and deprived of the opportunity to monitor, learn, search, visit prisoners, and provide them with humanitarian aid.
What a humanitarian corridor is
The humanitarian corridor is primarily supplying humanitarian aid: water, food, medical supplies, hygiene products. As for the withdrawal of the population through such a corridor, this is a more complex issue.
There is no clear strict obligation in the Geneva Convention that states must provide corridors.
In the situation with humanitarian corridors in Ukraine now, Bogush sees the main problem in the fact that civilians are often taken to Russia. According to the principles of international humanitarian law, people must move where they want, not where another state directs them, especially to the territory of the aggressor state.
International law directs the parties of the conflict to agreements on the evacuation from the besieged area of the wounded and sick, the disabled, the elderly, children and mothers, and on the admission to this area of worshipers of all faiths, sanitary personnel and sanitary property. This is stated in the IV Geneva Convention relative to the Protection of Civilian Persons in Time of War. The main obligations of the parties to the conflict, according to this convention: the population in the besieged city should not be attacked and directly attacked, it can not be harmed.
And most importantly, according to the IV Geneva Convention, civilians must be warned about attacks.
What the essence and philosophy of international humanitarian law is
The essence of international humanitarian law: if one party violates it, it does not allow the other party to retaliate and violate humanitarian law. If it were possible, the wars would proceed without Geneva Conventions.
One can be right for the sake of justified self-defense, but not right in terms of international humanitarian law. "You can often hear that this is an aggressor country, and you can deal with its military and civilians in any way you like. But this is the way to hell, because it will mean that everyone, including ordinary participants, has no incentive to follow international humanitarian norms, "the lawyer said.
The philosophy of international humanitarian law is simple: enemies of each other in any international conflict are not people, but representatives of two states.
Once people lay down their arms or are captured, they cannot be considered enemies. This is especially true for the civilian population.