Fate of Indian pilot Abhinandan as POW likely to be decided
Pakistan authorities will consider whether the Geneva Conventions could be applied to him or not.
ISLAMABAD (Dunya News) – Authorities in Pakistan on Thursday (today) are likely to decide whether Indian Wing Commander Abhinandan, who is in the custody of Pakistan Army, should be given Prisoner of War (POW) status or not.
Importantly, officials will review legal aspects, bilateral and international agreements before taking the decision including if the Geneva Conventions would be applied to the Indian Air Force (IAF) pilot.
The decision will be announced, thereafter.
If he is granted Prisoner of War status, then the Geneva Conventions would be applied to him.
In his exclusive talk to the Dunya News, Foreign Minister Shah Mehmood Qureshi said that the authority to release the Indian wing commander was under Prime Minister Imran Khan.
The countries which are signatories to the Geneva Conventions, under Article 13-16 are bound to release and repatriate POW without delay after the end of hostilities. The detaining power may prosecute them for possible war crimes, but not for acts of violence that are lawful under the International humanitarian law (IHL).
The Geneva Conventions are rules that apply only in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities; these include the sick and wounded of armed forces on the field, wounded, sick, and shipwrecked members of armed forces at sea, prisoners of war, and civilians.
According to the conventions, POW must be treated humanely in all circumstances. They are protected against any act of violence, as well as against intimidation, insults, and public curiosity. IHL also defines minimum conditions of detention covering such issues as accommodation, food, clothing, hygiene and medical care.
Furthermore, the rules protecting POWs are specific and were first detailed in the 1929 Geneva Convention. They were refined in the third 1949 Geneva Convention, following the lessons of World War II, as well as in Additional Protocol I of 1977.
The fourth 1949 Geneva Convention and Additional Protocol I also provide extensive protection for civilian internees during international armed conflicts. If justified by imperative reasons of security, a party to the conflict may subject civilians to assigned residence or to internment.
Therefore, internment is a security measure, and cannot be used as a form of punishment. This means that each interned person must be released as soon as the reasons which necessitated his/her internment no longer exist.
Pakistan had detained another Indian pilot during Kargil war, however repatriated him after eight days.
