BATMAN
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I have question about which combatants are considered as prisoner of war under Genève convention, once captured.
Do Indian soldiers fighting in Pakistan out of Afghanistan shall be considered as prisoner of war?
In my opinion if Indian soldiers fight against Pakistan out of their own country and captured by Pakistan should only be counted as prisoner of war.
I suppose by this formulae, only Afghan soldiers should be treated as prisoner of war after it is ascertain that they were only sent by Afghan govt. and not by any other state.
Wing Commander K. Nachiketa of Indian airforce was bombing Pakistan out of india so he was handed back and was well taken care in Pakistan. But imagine if same guy would have flown his fighter jet from Afghanistan? Would he still be counted as prisoner of war. I think no.
All foreigners or nationals who operate in Pakistan shall have status of terroist.
Qualifications
To be entitled to prisoner-of-war status, captured service members must be lawful combatants entitled to combatant's privilegewhich gives them immunity from punishment for crimes constituting lawful acts of war, e.g., killing enemy troops. To qualify under the Fourth Geneva Convention, a combatant must have conducted military operations according to the laws and customs of war, be part of a chain of command, wear a "fixed distinctive marking, visible from a distance" and bear arms openly. Thus, uniforms and/or badges are important in determining prisoner-of-war status
Do Indian soldiers fighting in Pakistan out of Afghanistan shall be considered as prisoner of war?
In my opinion if Indian soldiers fight against Pakistan out of their own country and captured by Pakistan should only be counted as prisoner of war.
I suppose by this formulae, only Afghan soldiers should be treated as prisoner of war after it is ascertain that they were only sent by Afghan govt. and not by any other state.
Wing Commander K. Nachiketa of Indian airforce was bombing Pakistan out of india so he was handed back and was well taken care in Pakistan. But imagine if same guy would have flown his fighter jet from Afghanistan? Would he still be counted as prisoner of war. I think no.
All foreigners or nationals who operate in Pakistan shall have status of terroist.
Qualifications
To be entitled to prisoner-of-war status, captured service members must be lawful combatants entitled to combatant's privilegewhich gives them immunity from punishment for crimes constituting lawful acts of war, e.g., killing enemy troops. To qualify under the Fourth Geneva Convention, a combatant must have conducted military operations according to the laws and customs of war, be part of a chain of command, wear a "fixed distinctive marking, visible from a distance" and bear arms openly. Thus, uniforms and/or badges are important in determining prisoner-of-war status
