Prisoners of War Law

Created in 1966, the Section of Individual Rights and Responsibilities provides leadership within the ABA and the legal profession in protecting and advancing human rights, civil liberties, and social justice. The Section fulfills this role by 1) raising and addressing often complex and difficult civil rights and civil liberties issues in a changing and diverse society, and 2) ensuring that protection of individual rights remains a focus of legal and policy decisions.

Your obligations as a US citizen and a member of the Armed Forces result from the traditional values that underlie the American experience as a nation. These values are best expressed in the US Constitution and Bill of Rights, which you have sworn to uphold and defend. You would have these obligations—to your country, your Service and unit, and your fellow Americans—even if the Code of Conduct had never been formulated as a high standard of general behavior.

The Convention was adopted by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held at Geneva from 21 April to 12 August 1949. It was signed on 12 August 1949.

The UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) is one of the United Nations mechanisms directed to the prevention of torture and other forms of ill-treatment. It started its work in February 2007. The OPCAT gives the SPT the right to visit all places of detention in those States and examine the treatment of people held there.

The third Geneva Convention provides a wide range of protection for prisoners of war. It defines their rights and sets down detailed rules for their treatment and eventual release. International humanitarian law (IHL) also protects other persons deprived of liberty as a result of armed conflict.

The Uniform Code of Military Justice (UCMJ, 64 Stat. 109, 10 U.S.C. Chapter 47), is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval forces."

Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.

A not-for-profit, Congressionally-chartered, veterans’ service organization advocating for former prisoners of war and their families. Established April 14, 1942.

The Crimes of War Project is a collaboration of journalists, lawyers and scholars dedicated to raising public awareness of the laws of war and their application to situations of conflict. Our goal is to promote understanding of international humanitarian law among journalists, policymakers, and the general public, in the belief that a wider knowledge of the legal framework governing armed conflict will lead to greater pressure to prevent breaches of the law, and to punish those who commit them.

Armed conflict is as old as humankind itself. There have always been customary practices in war, but only in the last 150 years have States made international rules to limit the effects of armed conflict for humanitarian reasons. The Geneva Conventions and the Hague Conventions are the main examples. Usually called international humanitarian law (IHL), it is also known as the law of war or the law of armed conflict.

"Keeping the Promise," Fulfill their Trust," and "No one left behind" are several of many mottos that refer to the efforts of the Department of Defense to recover those who became missing while serving our nation. The mission requires expertise in archival research, intelligence collection and analysis, field investigations and recoveries and scientific laboratories.

American service personnel have suffered at the hands of torturers in war after war for a century or more. The United States needs a serious commitment by our government in Washington to stop once and for all the torture of our servicemen and women by rogue nations and their leaders, like Iraq under Saddam Hussein. POWs are legally protected under the Third Geneva Convention, a binding international treaty signed by the U.S., Iraq, and 192 other nations (only Nauru is not a party). We should not compromise on humane treatment of our troops and citizens.

In December 1991, Congress enacted Public Law 102-190, commonly referred to as the McCain Bill. The statute requires the Secretary of Defense to make available to the public--in a "library like setting"--all information relating to the treatment, location, and/or condition (T-L-C) of United States personnel who are unaccounted-for from the Vietnam War. The facility chosen to receive this information was the Library of Congress (LoC). The Federal Research Division (FRD) created the PWMIA Database, the online index to those documents. The microfilmed documents themselves are available at the Library of Congress or borrowed through local libraries.

From the Revolutionary War to Operation Iraqi Freedom, American prisoners of war have endured untold hardships, and shown tremendous courage. Andersonville NHS commemorates the sacrifices of these brave Americans through exhibits in the National Prisoner of War Museum; preserves the site of Camp Sumter (Andersonville prison); and manages Andersonville National Cemetery.