Recent Talks
Indian Air Force’s Wing Commander Abhinandan Varthaman was captured by Pakistan after his MiG-21 fighter aircraft was shot down during close combat with Pakistani fighter jets in February. According to the Geneva Conventions, the pilot had to be treated according to the norms of international humanitarian law and the Geneva Conventions. In a video recording, he was heard saying that he was being treated well. He returned to India on March 01.
Past Activities
During the 1999 Kargil War, Flight Lieutenant K Nachiketa crashed and fell into PoK. He was in Pakistan’s custody for eight days. He was repatriated after intense diplomatic efforts by then Prime Minister Atal Bihari Vajpayee and by International Committee For Red Cross And Red Crescent (ICRC).
During the 1971 Indo-Pak war, at least 54 soldiers, pilots and officers of the Indian Army and Air Force were said to be “missing in action” or “killed in action”, but many believe that the “missing 54” are alive and imprisoned in various Pakistani jails.
Geneva Convention
- A combatant who is captured by an adverse party during the course of an international armed conflict is a prisoner of war (POW). Prisoners of war are protected under humanitarian laws.
- The Geneva Convention and their Additional Protocols are a set of international treaties that contains various rules for limiting brutality during war.
- The Third Geneva Convention Applies to prisoners of war. It defines their rights and calls for their humane treatment and eventual release.
- It states that the POWs must be treated humanely- the detaining power is as responsible for ensuring this as the individual who captured the POW.
- Article 14 of the third Geneva Convention States that POWs must not be subjected to physical or mental torture or any other form of coercion to provide information. They must not be punished for refusing to answer questions.
- It also prohibits the use of POWs as hostages or human Shields. They should be provided access to health facilities, prayer, recreation and exercises.
- The detaining power must enable correspondence between the POW and their families without significant delays. POWs are also entitled to receive books or care packages .
- Any unlawful act or omission by the detaining power that results in death or endangers the health of the POW in its custody is forbidden, and is considered a grave breach.
- Parties involved in the conflict must repatriate POWs, regardless of their rank-even those who are seriously wounded or sick. They must be cared for until they are fit to travel.
- Each party must designate states that are not involved in the conflict as their Protecting Powers, who have to ensure that the provision of the convention are being follower by the parties in the conflicts. The international committee of the red cross usually takes up this responsibility.
