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Article 121 - Prisoners Killed or Injured in Special Circumstances

from Section III - Death of prisoners of war

Published online by Cambridge University Press:  21 August 2021

Compiled by
International Committee of the Red Cross
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Summary

Article 121 requires the Detaining Power to open an official enquiryfollowing the death or serious injury of a prisoner of war caused orsuspected to have been caused by a guard, another prisoner of war or anyother person, as well as any death of unknown cause. If the enquiryindicates the guilt of one or more persons, the Detaining Power must takeall measures for their prosecution. The article thus seeks to protectprisoners from attacks by guards or other agents of the Detaining Power, aswell as by civilians or fellow prisoners of war, that result in their injuryor death. The fact that prisoners of war are in the hands of the personnelof an enemy power makes them more vulnerable to such attacks.

Type
Chapter
Information
Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
 , pp. 1693
Publisher: Cambridge University Press
Print publication year: 2021

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References

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Bugnion, François, The International Committee of the Red Cross and the Protection of War Victims, ICRC/Macmillan, Oxford, 2003.Google Scholar
Gaggioli, Gloria, L’influence mutuelle entre les droits de l’homme et le droit international humanitaire à la lumière du droit à la vie, Pedone, Paris, 2013.Google Scholar
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Geneva Academy of International Humanitarian Law and Human Rights and ICRC, Guidelines on investigating violations of international humanitarian law: Law, policy, and good practice, prepared by Noam Lubell, Jelena Pejic and Claire Simmons, Geneva, September 2019.Google Scholar
ICRC, Guidelines for Investigating Deaths in Custody, ICRC, Geneva, October 2013.Google Scholar
ICRC, The Use of Force in Armed Conflicts: Interplay between the Conduct of Hostilities and Law Enforcement Paradigms, Report of an expert meeting prepared and edited by Gloria Gaggioli, Geneva, October 2013.Google Scholar
Sassòli, Marco, International Humanitarian Law: Rules, Controversies, and Solutions to Problems Arising in Warfare, Edward Elgar Publishing, Cheltenham, 2019.Google Scholar
Turkel Commission, Israel’s Mechanisms for Examining and Investigating Complaints and Claims of Violations of the Laws of Armed Conflict According to International Law, The Public Commission to Examine the Maritime Incident of 31 May 2010, Second Report, February 2013.Google Scholar

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