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    Prisoners of War in Contemporary Conflict

    Prisoners of War in Contemporary Conflict by Schmitt, Michael N.; Koschnitzky, Christopher J.;

    Series: LIEBER STUDIES SERIES;

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      • Publisher's listprice GBP 120.00
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    Product details:

    • Publisher OUP USA
    • Date of Publication 27 April 2023

    • ISBN 9780197663288
    • Binding Hardback
    • No. of pages480 pages
    • Size 164x237x37 mm
    • Weight 826 g
    • Language English
    • 290

    Categories

    Short description:

    This volume examines the rules governing the designation and treatment of POWs in contemporary conflict. Each chapter examines specific topics around POWs that the contributors identify as unsettled, operationally problematic, or inadequately addressed in existing literature.

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    Long description:

    In 2021, the International Committee of the Red Cross released its Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War (POWs). The new document updated the 1960 "Pictet Commentary." As a result, the attention of the law-of-armed-conflict community was refocused on the designation and treatment of POWs. The Lieber Institute for Law and Warfare at West Point launched a project to further examine the subject. The result is this book. Sadly, world events have made that examination especially timely.

    Unlike the ICRC's updated Commentary, this book is not meant to be a comprehensive treatment of the international law relating to POWs. Rather, it is a collection of capita selecta identified by the contributors as meriting further examination - either because they are unsettled, inadequately addressed in the literature, or operationally problematic. The work is in three parts. Part I examines qualification for POW status. Discussion then moves in Part II to the treatment to which POWs are entitled. Part III concludes with a consideration of the historical relevance of, and perspectives on, the international law governing POWs.

    As the drafters of the Third Geneva Convention emphasized over seventy years ago, the aim of the law is "to mitigate as far as possible, the inevitable rigours [of a war] and to alleviate the condition of prisoners of war." It is through that lens that scholars and practitioners should consider the rules governing POWs, and with which they should approach this book.

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    Table of Contents:

    Foreword
    Preface
    PART ONE: Prisoner of War Status
    Chapter 1. Prisoners of War (POWs) in Proxy Warfare: The Application of Geneva Convention III to Organized Armed Groups Detaining POWs of Territorial States or Detained as POWs by Territorial States
    Marco Sass--li & Eug--nie Duss
    Chapter 2. The Application of the Third Geneva Convention in Fluid Conflicts
    Laurie Blank
    Chapter 3. The Regular Armed Forces, Uniforms, and Prisoner of War Status
    Michael N. Schmitt & Christopher J. Koschnitzky
    Chapter 4. "Accompanying the Force" in Modern Armed Conflict
    Eric Talbot Jensen
    Chapter 5. Lev--e en Masse in 21st Century Armed Conflict
    Winston S. Williams & Robert Lawless
    Chapter 6. Prisoner of War Status in the Context of Naval Warfare: On the Status of Masters and Crews of Neutral Merchant Vessels
    Wolff Heintschel von Heinegg
    Chapter 7. Prisoners of War in Space?
    Rob McLaughlin
    PART TWO: Prisoner of War Protections & Transfers and Release
    Chapter 8. Protecting Prisoners of War in Contemporary Conflicts
    Derek P. Jinks
    Chapter 9. Military Assimilation and the 1949 Third Geneva Convention on Prisoners of War
    Sean Watts
    Chapter 10. The Use of Force against Prisoners of War: Operationalizing Article 42
    Bruce Oswald & Christopher Hanna
    Chapter 11. Parole of Prisoners of War under Article 21 of the Third Geneva Convention: Past, Present, and Future
    Emily Crawford
    Chapter 12. Detention of Suspected Terrorists in Connection with Armed Conflict: A Focus on Release and Repatriation
    Pavle Kilibarda & Gloria Gaggioli
    PART THREE: History & Perspectives
    Chapter 13. The Lieber Code and Prisoners of War: A Legacy of Practical Humanitarianism
    David Wallace & Shane Reeves
    Chapter 14. The Role of Judge Advocates in Prisoner of War and Detention Operations in the U.S. Army: A Short History
    Fred Borch
    Chapter 15. The Updated ICRC Commentary on the Third Geneva Convention: A New Tool to Protect Prisoners of War in the Twenty-First Century
    Jemma Arman, Jean-Marie Henckaerts, Heleen Hiemstra & Kvitoslava Krotiuk
    Chapter 16. ICRC Perspectives on the Interpretation of the Third Geneva Convention More Than Seventy Years after Its Adoption
    Jean-Marie Henckaerts, Kubo Ma----k, Mikhail Orkin & Ellen Policinski
    Chapter 17. A Perspective on the Updated Third Geneva Convention Commentary from a United States Practitioner
    Michael W. Meier

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