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the torture question

» Student Handout: Excerpts from the Geneva Convention relative to the Treatment of Prisoners of War

Article 3

  1. Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

    To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

    (a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

    (b) Taking of hostages;

    (c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;

    (d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

 

Article 4

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy:

  1. Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

  2. Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfill the following conditions:
    (a) That of being commanded by a person responsible for his subordinates;

    (b) That of having a fixed distinctive sign recognizable at a distance;

    (c) That of carrying arms openly;

    (d) That of conducting their operations in accordance with the laws and customs of war.
  3. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.

 

Article 12

Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.

 

Article 17

Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he willfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status....

...No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.

 

Article 87

Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.

 

Source: http://www.unhchr.ch/html/menu3/b/91.htm

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