FORMULAR DE NREGISTRARE

NUME.............. .................................................................................................. CHIRILOIU

PRENUME ....... ...VICTORIA
TITLUL TIINIFIC ....DOCTORAND
TELEFON ...... 0770751239
E-MAIL.......KIRIVIC@GMAIL.COM
ARA, LOCALITATEA .... ROMNIA, BUCURETI
INSTITUIA UNIVERSITATEA NAIONAL DE APRARE CAROL I
Titlu
Should the War prisoners status after the 21st century conflicts be updated?

ABSTRACTUL (maxim 150 de cuvinte)

Key words:
War, prisoners, statute, 21st century

The war prisoners fate is a matter of all of us. If you are a military combat
personnel or just member of a military family, you must care about you or your relative
future. After the Second World War, the preoccupation relating the war prisoner statute
comes up with the Geneva Conventions after 12 august 1949. Despite all of the
Conventions regarding military use of forces, the legality of the tools and procedures of
war, the 21st century conflicts have the same problems like the ancient times. The prisoners
of war are tortured; the rapes still a war weapon. Moreover, the military and conflicts
science are on the evolution and the war prisoners statute should be applied to many other
persons who is involved into.
The privatization of the security comes together with no state responsibility for the
possible aggressor. The international coalition forces can also become a source of
misconduct, just from the cultural diversity.

SECIUNEA TRANSFORMAREA SECURITII

 SHOULD THE WAR PRISONERS STATUS AFTER THE 21ST
CENTURY CONFLICTS BE UPDATED?

By VICTORIA CHIRILOIU 1

1.INTRODUCTION

War always was a social phenomenon, no

matter of time and place. If we like or not, the conflicts does not cool down
with political or dialogs, the guns had to make noises and victims. Like any
competition, one part has to loose, another win. Within the time goes one, the
international current and fashion changes, with the triumph of humanity
principle, which says that who win must be honorable and act with generosity.
Since history, many societies were
preoccupied on the way to fight and conduct the war. Avoiding the collateral
victims, the inutile loss, protecting the environment, protecting the women and
children protecting the oldies, was in many culture principles into the Code of
honor. Into the social organizations, the right to fight was permanently on the
opposition with the common criminal activity. If into the ancient time the code
of honor into conduct was just a matter of the powerful imperators and brave
commanders, the middle Ages come up with the Crusades and Cavalry
principle. Since Enlightenment edges and the humanitarian principle
spreadings, the customary law regarding use of forces and legality of war get
to the write down treaty of conventions. The milestone of the law regarding
war prisoners and collateral victims is the Battle of Solferino. On 9 February
1863 in Geneva, Henry Dunant founded the "Committee of the Five" as an
investigatory commission of the Geneva Society for Public Welfare. Together
with the Swiss army general Dufor, jurist Moynier, and doctors Louis Apia
and Theodore Maunoir founded on 17 February 1983 the International
1
captain, legal branch, Victoria Chiriloiu, PhD candidate, The National Defense University
Carol I, Bucharest,
Committee of the Red Cross2, the most important and actual organization on
the prisoner of war protection . Later the society of Red Cross had an active
role into the international law issues regarding armed conflict and
humanitarian actions.
The international humanitarian law is based on
the most human principles, like the distinction between the enemy combatants,
proportionality in the forces engaged into the conflicts, human treatments to
the wounds and the one who are already captured by them enemy, military
necessity and respect of the natural law, environment and cultural goods,
history and international heritage.

2. HAGA CONVENTIONS AND GENEVA CONVENTIONS

STIPULATIONS

The humanitarian law was based first into the customs and regulations
regarding the war on land, with focus on restriction of the weapons with the
superfluous effect and inutile damages, the methods and means on warfare.3

Into the United State territory the first Codified set if the rules for the war
prisoner protections were the General Order 100 4, adopted by the Union Army
during the Civil War.5

On 3 of October 2014, a very important representative of the ICRC in Ukraine

has been killed in Donets. ICRC site shows up the tragedy for itself and a
huge violation of the international humanitarian law, the Geneva convention
2
https://www.icrc.org/en/who-we-are/history
3
https://www.icrc.org/applic/ihl/ihl.nsf/vwTreatiesHistoricalByTopics.xsp

4
Lieber Code of GO 100 all soldiers of whatever species of arms; all men who belong to
the rising en masse of the hostile country; all those who are attached to the army for
its efficiency, and promote directly the object of war... as well as citizens who
accompany an army for whatever purpose, such as sutlers, editors, or reporters of
journals, or contractors, if captured ....86 It was forbidden to declare that every
member of a legitimate levy en masse a spontaneous uprising of citizens in
opposition to an armed invasion would be treated as a bandit, but once the
invading army had established itself as occupying force, citizens could not lawfully
rise up against it
5
Treatment of Battlefield Detainees in the War on Terrorism Updated January 13, 2005Jennifer Elsea
Legislative Attorney American Law Division, Congressional Research Service The Library of Congress
article 4. Mr DuPasquier6 worked for the ICRC for more than five years,
carrying out assignments in Pakistan, Yemen, Haiti, Egypt and Papua New
Guinea. He started his posting in Ukraine six weeks ago.

Later on, after the second World II, the Red

Cross organization within the whole movement for the codification of the
humanitarian law, update de law regarding the victim protection during the
armed conflicts. Despite de humanitarian theoreticians split doctrine into the
Haga law (methods and mean of warfare ) and Geneva law, (victim in the
armed conflict,) in my opinion those branches are interdependent, the first
induce de second and the second coordinate de first.
According with the Geneva Convention III
regarding the POW status, only the one who respects the article 4 7 and 5 needs
6
https://www.icrc.org/en/document/ukraine-icrc-delegate-killed-donetsk#.VC1IT2eSxDQ

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, incuding 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, fulfil 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. 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.
can enjoy those privileges. The main request of the article 4 are regarding to
the honest way of fight, to shows up them specific distinctions signs, respect
the principle of the law of war, and follow the military type of organization.
The accompany personnel of the combatants are also the benefits of the POW
status, also the auxiliary persons like journalist, Red Cross personnel, the
aircraft crews, the contractors, if they are legally attached to the combat units.
Another condition is the conduit in accordance with the international
humanitarian law principle. Fighting only against the combatants, respect the
principle of distinction and discrimination, the military necessity, protection
for the civilian population are some of the core values.

Regarding the article 4, paragraph 6, Inhabitants of a non-occupied territory,

who on the approach of the enemy spontaneously take up arms to resist the
invading forces, without having had time to form themselves into regular
armed units, provided they carry arms openly and respect the laws and
customs of war, what can do the civilian population during the economical
and psychological war? What is the law applicable during the riots and social
revolts? Are the political detainees enjoying by the POW status? NO, also the
one legal fighters from its side, who is called terrorist from the other side, does
not enjoy by the Geneva Convention III stipulation, moreover, they are
punished by it, and no mentioned with the human rights benefits.

(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up
arms to resist the invading forces, without having had time to form themselves into regular armed
units, provided they carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under the present Convention:

(1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying
Power considers it necessary by reason of such allegiance to intern them, even though it has originally
liberated them while hostilities were going on outside the territory it occupies, in particular where such persons
have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in
combat, or where they fail to comply with a summons made to them with a view to internment.

Art 5. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into
the hands of the enemy, belong to any of the categories enumerated in Article 4
3. THE ECONOMC AND MASS MEDIA WAR AND ITS VICTIMS
PTORTECTIONS

The Public Relations schools have the main

doctrine The arts of War, by Sun Tzu. The media are doing real campaigns to
hit them audience targets and option persuasions. Vladimir Volkof 8 wrote
down on of the most important book regarding the invisible war launched on
the media and not only, the Treaty of misinformations. Also if anyone is
looking carefully and just compare into empirical way the past 20 years
conflicts and war, they can figure out the scenario which is applied to most of
the conflicts. The effects are showing up rapidly, the old economical
institution has been damaged, the active population get out to the migration,
the social depressions have been installed the there is no hope for a real, better
and active life. Those are mine observational and participating remarks during
the UN, Coalitions Forces and NATO missions in Angola, Former Yugoslavia
and Iraq. The population behaviors were the same, just the languages other.
Unfortunately, most of the after 1980 born Romanian have the same
characteristics regarding them career or life.

The contemporary conflicts challenges are into

continuum updating. New technologies are always on the booths sides of
belligerents. Here is no boundary between civilian and military personnel, the
targets diffuse and in the same times very clear reached. Anyone should be the
target of the economical war, crisis and social media or just the consumer
propaganda. If the aggressions is based on consumerism 9 persuasion and
violation of the traditionalism, the targets are already victims, they are
prisoners into them own houses.
Into the modern and actual war, the real
military forces are not the one who enforces the law or conducting the war.
The most important direct actions, during the armed conflicts and not only are
the main duties of the private military companies. They might be assimilated
to the legal combatants of the globalist but who is the global institution who
are punishing them if they are making mistakes? All most all the private
8
https://volkoff.mercer.edu/ accessed on 06.10.2014, 15:15 hours
Vladimir Volkof, Tratat De Dezinformare, Editura Antet, Traducere De Mihna Columbeanu, De La Calul
Troian La Internet
9
http://www.globalissues.org/issue/235/consumption-and-consumerism accesed on 06.10.2014, 15:00 hours
military company who acts into the conflict areas are the contract partners of
the United State department of Defense, United Nations or other
nongovernmental organizations. Its members are former military personnel,
they know sometimes better then military forces the international law
principle and customs. With its behavior, always is a matter of military
necessity and missions accomplishments.
If I am counting those issues, the follows Core questions might arise:

1. If the civilian personnel who fight against

troops have the benefit of the POW status,
the world personnel under the poverty and
global crisis should enjoy of it during the
current global economic war for resources?
2. Are all the targets and victims of the mass
media war, and an undercover PSYOPS,
materialized into the consume current and
propaganda thoughts out the internet
socializations site allowed to enjoy the
status of POW?
3. Are the unlawfully combatants unlawful for all
parts? Should they be protected? Yes, they
are human being and should enjoy to the
human rights protection anyway.
4. Is the environmental permanent human
degradation an act of aggression against
whole global population? Should apply the
humanitarian law to the environmental
perpetrators, like the global company which
use the resources without respect for the
nature and life?
5. Is the violence and sex or prostitution
propaganda on the media and film industry
an aggression against the children and
adults? Do they might be protected against
the brain wash into the spirit to maintain the
core value of humanity like family, respect
of the human being, children rights?
Of course, anyone can ask, who is the protecting forces? Who is the
aggressor and who have to protect those global victims?
CONCLUSIONS

From its position of the human rights protector

and humanitarian law protection leader, the United Nations, thought-out its
country representative and contributors should update the status of the
prisoners of war and the Geneva Conventions III and IV, with the express
stipulations, regarding the human rights and rule of law principle
applicable to all the human being involved direct passive or active,
accidentally or with the intention into the armed conflicts.
The global civil population should be protected
like the prisoners of war against the war on terror and the economical war,
with clear expressions. International convention updating with national
alignment laws regarding the psychological protection from the media
persuasions is a must. The self censorship should be enforced in the spirit
to protect children and youths regarding the consumerism and just online
socializations and life what can be followed by the non human and non
adaptations to the real life.
The illegal combatants concept should be out
of date; all human being might enjoy by the human treatment and of
course, status of the prisoners or war. The war is global, visible or not, just
the victims voices are sometimes too laud, but the tragedy is everywhere,
the economical crisis change into a real war with the media contribution.
The protection of the victim should be updated, to be a real one.

BIBLIOGRAPHY

1. Treatment of Battlefield Detainees in the War on Terrorism

Updated January 13, 2005Jennifer Elsea, Legislative Attorney
American Law Division, Congressional Research Service The
Library of Congress
2. The Torture Papers: The Road to Abu Ghraib, edited by Karen J.
Greenberg, Joshua L. Dratel, Cambridge University Press
3. Vladimir Volkof, Tratat De Dezinformare, Editura Antet, Traducere
De Mihna Columbeanu, De La Calul Troian La Internet
1. UN CHARTER

2. NATO TREATY
3. GENEVA CONVENTIONS I- IV

4. ADDITONAL PROTOCOLS

5. www.un.org

6. www.nato.int

7. www.osece.org

8. http://eu-un.europa.eu

9. https://www.icrc.org

10.http://www.ohchr.org

11.Convention (IV) respecting the Laws and Customs of War on

Land and its annex: Regulations concerning the Laws and
Customs of War on Land. The Hague, 18 October 1907