Maltreatment of prisoners of war : an inquiry into some perspectives under the Geneva conventions and shariah

Abstract

The history of plight and suffering of POWs is a long and pathetic one. Several legislative measures have been taken internationally in order to prevent maltreatment of POWs; the Geneva Convention III of 1949 being the latest one. This study seeks to analyze and evaluate provisions of the Geneva Convention pertaining to some of the basic aspects of treatment of POWs so as to find how far those legislative measures have been effective. The main objective of this study is to prove that a coherent and logical legal framework can be derived from an Islamic perpective which offers not only the basis for the humane treatment of POWs but also defines their rights. It has been established that Shari`ah offers a sound and systematic paradigm in this reggard which can satisfy both; an obligation to treat the prisoners fairly, as well as a responsibility to practise Islam completely.