Overview

This study examines the Third Geneva Convention Relative to the Treatment of Prisoners of War of 1949 as the benchmark of international humanitarian law governing the treatment of prisoners during armed conflict. The history of humanitarian law during conflict dates back to the mid-nineteenth century. Since that time, the international community has incrementally codified provisions governing the detainment of enemy captives. However, the character of war has changed significantly since the drafting of the most recent update to the Geneva Conventions in 1949. Asymmetric conflict against non-state actors challenges many of the assumptions of war predicated upon by the Third Geneva Convention. A revision of the Convention must address current issues not captured within the provisions of the existing document. Examples of such matters of concern include: conflict without a formal declaration of war; the qualifications for enemy combatants to receive prisoner-of-war protections; repatriation; rendition operations; consideration for failed states; and international organizations or coalitions at war. As long as humans endeavor to wage war, the international community must maintain the applicability of international law to the current and future character of war in order to meet mankind's moral obligation to the humane treatment of prisoners during armed conflict.This compilation also includes a reproduction of the 2019 Worldwide Threat Assessment of the U.S. Intelligence Community.CHAPTER 1 INTRODUCTION * Background * Conflict Today * Research Questions * Limitations and Delimitations * Significance * Terms * Research Design * CHAPTER 2 HISTORIOGRAPHY AND LITERATURE REVIEW * Creation of the Law * Conflicts of the Cold War * United States-Iraq Gulf War (1991) * Current Conflict * Conclusion * CHAPTER 3 FROM THE HAGUE CONVENTIONS OF 1899 AND 1907 TO THE GENEVA CONVENTIONS OF 1949 * The Genesis of International Humanitarian Law * The Geneva Conventions of 1929 * The Geneva Convention Relative to the Treatment of Prisoners of War of 1949 * Conclusion * CHAPTER 4 THE THIRD GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR (1949) AT WAR IN THE TWENTIETH CENTURY * The Conventions at War: Korea (1950 to 1953) * The Conventions at War: Vietnam (1964 to 1973) * The Conventions at War: U.S.-Iraq Gulf War (1991) * The Additional Protocols of 1977 * Conclusion * CHAPTER 5 THE THIRD GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR (1949) IN THE BEGINNING OF THE TWENTY-FIRST CENTURY * The U.S. Department of Justice: Applying the Third Geneva Convention to the War on Terror * The White House: Applying the Third Geneva Convention to the War on Terror * The Third Geneva Convention in Iraq (2003 to 2011) * Conclusion * CHAPTER 6 THE FUTURE OF THE THIRD GENEVA CONVENTION * General Revisions for Better Applicability in Future Conflict * Specific Revisions to Articles Pertaining to Combatant Status * Elimination or Reduction to Articles * Additions to Articles * Conclusion * Items for Further ResearchSince war is a human endeavor, it is inherently a struggle of passion, fog, and friction. In the words of Prussian theorist Carl von Clausewitz, war is a paradoxical trinity-composed of primordial violence, hatred, and enmity, which are to be regarded as a blind natural force; of the play of chance and probability within which the creative spirit is free to roam; and of its element of subordination, as an instrument of policy which makes it subject to reason alone.

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