Rule 131
Subject to Rule 87, surrendering combatants, as well as captured civilians accompanying the armed forces (such as civilian members of military aircraft crews) and crews of civilian aircraft of the Belligerent Parties who do not benefit from a more favorable treatment, are entitled to prisoner of war status.
[Commentary]
- This Rule is based on Art. 4 (A) (4)–(5) of GC/III,[676] which deals with persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews. It also includes crews of civilian aircraft of the Belligerent Parties. Such civilians are entitled to POW-status if they are captured.
- Civilians who are entitled to POW-status under GC/III must be differentiated in this respect from ordinary civilians who are covered by GC/IV.
- Generally speaking, aircrews and passengers of State aircraft (other than military aircraft) will be civilians. However, some passengers transported by a State aircraft other than a military aircraft, may be members of the armed forces. In that case, they may be taken as POW upon capture of the aircraft.
- Medical or religious personnel cannot be taken as POW and must be allowed to carry out their mission (see Rule 71 and 87).
- The status of POW does not exist as a legal category in non-international armed conflict. Nevertheless, those who have given themselves up for capture (see paragraph 6 of the Commentary on Rule 125) enjoy certain protections under Common Art. 3 of the Geneva Conventions[677] and under customary international law.
- Art. 4 (A) (4) and (5) of GC/III: “(4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.”
- Common Art. 3 of the Geneva Conventions, see fn. 118.
Categories: S: Specifics of Air or Missile Operations
