Indian Air Force’s Wing Commander Abhinandan Varthaman is in Pakistani custody after his plane was shot down on Wednesday. India has demanded the immediate return of IAF pilot, who was captured by Pakistan after air combat during which the two sides said they shot down each other’s warplanes.
Yesterday, video footage of the pilot being “rescued” by the Pakistani Army was doing the rounds on social media. In the latter half of the day, a video of him “being treated well” was also circulated. To this, the MEA, in a statement, said, “India also strongly objected to Pakistan’s vulgar display of injured personnel of the Indian Air Force in violation of all norms of International Humanitarian Law and the Geneva Convention. It was made clear that Pakistan would be well advised to ensure that no harm comes to the Indian defence personnel in its custody. India also expects his immediate and safe return.”
IAF Air Strike: Complete coverage
So what are the Geneva Conventions?
The Geneva Conventions are a series of treaties concluded in Geneva between 1864 and 1949. The Geneva Conventions ensure that warring parties conduct themselves in a humane way with non-combatants such as civilians and medical personnel, as well as with combatants no longer actively engaged in fighting, such as prisoners of war, and wounded or sick soldiers. All countries are signatories to the Geneva Conventions. There are four conventions, with three protocols added on since 1949.
The rules protecting prisoners of war (POWs) are specific. They were first detailed in the 1929 Geneva Convention and later amended in the third 1949 Geneva Convention following the lessons of World War II.
Is our IAF pilot a prisoner of war (POW)?
Neither the Indian MEA nor its Pakistani counterpart has identified the pilot as a PoW. The provisions of the conventions apply in peacetime situations, in declared wars, and in conflicts that are not recognised as war by one or more of the parties.
Both India and Pakistan have not used the word ‘war’ for these operations, which took place in past two days, the Indian Foreign Secretary described those airstrikes as “non-military” operation.
However, as per the third Geneva Convention, “The convention applies to all cases of declared war or of any other armed conflict which may arise between two or more of the signatories, even if the state of war is not recognized by one of them.”
This means that IAF pilot is a prisoner of war, and his treatment has to be in accordance with the provisions for PoWs under the Geneva Conventions.
What are the provisions for PoWs?
According to the Geneva Convention rules, the status of prisoners of war (POW) only applies in international armed conflict. “POWs are usually members of the armed forces of one of the parties to a conflict who fall into the hands of the adverse party,” the Convention states. It says POWs cannot be prosecuted for taking a direct part in hostilities. “Their detention is not a form of punishment, but only aims to prevent further participation in the conflict. They must be released and repatriated without delay after the end of hostilities. The detaining power may prosecute them for possible war crimes, but not for acts of violence that are lawful under International Humanitarian Law,” it says.
The rules specify that POWs must be treated humanely in all circumstances. “They are protected against any act of violence, as well as against intimidation, insults, and public curiosity,” the Geneva Convention states.
(Inputs from Agencies)