EXPLAINER: What international law says about Prisoners of War and their rights?

Kenyan, Evans Kibet, surrendered to Ukrainian Forces after he was allegedly forcefully recruited into fighting for the Russian military.

This followed his visit to the country before he was offered a job, signed documents and found himself in a military training camp.

Following his surrender, he now remains in Ukraine as a Prisoner of War among others from different nationalities across the world.

While images of captivity often evoke fear and uncertainty, a robust framework of international law exists to separate the treatment of captives from the brutality of the battlefield.

At the heart of this system is the Third Geneva Convention of 1949, a treaty ratified by 196 countries that serves as the "bill of rights" for captured soldiers.

But as conflicts evolve from traditional state-versus-state battles to complex insurgencies involving private contractors and non-state actors, these decades-old rules are facing new and unprecedented tests.

Not everyone captured on a battlefield is a Prisoner of War (POW).

The coveted POW status—which grants immunity from prosecution for lawful acts of war—is reserved for ‘lawful combatants.’

According to Article 4 of the Third Geneva Convention, to qualify as a POW, a captive must generally belong to the armed forces of a party to the conflict.

However, militias, volunteer corps, and resistance movements can also qualify, provided they strictly meet four conditions including being commanded by a person responsible for their subordinates and have a fixed distinctive sign recognizable at a distance (like a uniform or armband).

They must also carry arms openly and conduct operations in accordance with the laws and customs of war.

If a fighter fails these tests—for instance, by hiding weapons to blend in with civilians—they may be classified as an "unlawful combatant."

These individuals do not enjoy POW immunity and can be prosecuted under the detaining nation’s domestic laws for their participation in hostilities, though they still retain fundamental human rights protections against torture and summary execution.

Rights of a POW

Once POW status is established, a comprehensive protective regime kicks in.

The predominant principle is simple: POWs are not criminals.

They are merely soldiers "out of the fight," detained solely to prevent them from returning to the battlefield.

Under international law, a POW is required to give only their surname, first names, rank, date of birth, and army serial number. This "name, rank, and serial number" rule is absolute.

No physical or mental torture, nor any form of coercion, may be inflicted to secure military intelligence.

Prisoners who refuse to answer cannot be threatened, insulted, or exposed to unpleasant treatment.

The detaining power is responsible for the health and upkeep of POWs. This goes beyond mere survival; it includes food, which must be as favorable as those provided to the detaining power's own forces in the same area.

Sick or wounded prisoners must receive the same medical attention as the detaining army, have full liberty to practice their religion and attend services and effects and articles of personal use (except weapons) must remain in their possession.

Contrary to popular belief, POWs can be made to work, but with strict caveats. Officers cannot be compelled to work, and non-commissioned officers can only be required to supervise.

For enlisted personnel, labor is authorized but must not be military in character (e.g., they cannot be forced to manufacture weapons to be used against their own side).

Remarkably, the Convention even stipulates that POWs should be paid.

Detaining powers are expected to provide "working pay" and a monthly advance of pay to allow prisoners to purchase small comforts like soap or tobacco, ensuring a semblance of dignity and normalcy.

The 1949 Conventions, however, were written for a world of uniformed armies fighting across clearly defined borders. Today’s conflicts often look very different, creating legal "gray zones."

Private Military Contractors

The status of employees for companies like the former Blackwater (now Academi) or the Wagner Group (now Africa Corps) is legally murky.

Generally, if they are not formally incorporated into the armed forces, they are considered civilians.

This means they lack the "combatant's privilege" (the right to kill without being charged with murder) and do not automatically qualify for POW status if captured, leaving them vulnerable to criminal prosecution.

Terrorists and Spies

Groups that systematically target civilians or fight without uniforms often fall outside the POW definition.

However, legal experts stress that no one is in a "legal black hole."

Even those denied POW status are protected by "Common Article 3" of the Geneva Conventions, which prohibits murder, mutilation, torture, and humiliating treatment of anyone in detention.

Enforcing these rights falls largely to the International Committee of the Red Cross (ICRC).

The Geneva Conventions grant the ICRC a unique mandate to visit POW camps, interview prisoners in private (without guards present), and facilitate communication with their families through "Red Cross Messages."

This access serves as the primary check against abuse, ensuring that the detaining power knows the world is watching.

The final right of a POW is the right to leave.

Article 118 states that "Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities."

They cannot be held as bargaining chips or punished for the mere act of fighting for their country.