Prisoner of War

A legal status under international law referring to soldiers and members of armed groups captured by the opposing side during war or armed conflict.

Prisoner of War

Overview

A prisoner of war (POW; Korean: 포로) is a soldier, militia member, or civilian who meets certain requirements and is captured by an opposing force during war or armed conflict. Under international humanitarian law (especially the Geneva Conventions), prisoners of war have 'combatant immunity' and the right to humane treatment and protection of fundamental rights. The prisoner-of-war system is one of the oldest practices in the history of human warfare, yet it is also an area where international law and human rights norms most sharply collide.

Main Content

Definition and Legal Status

Prisoners of war are defined by the Third Geneva Convention of 1949 (the Convention relative to the Treatment of Prisoners of War) and the 1977 Additional Protocols. To be recognized as a prisoner of war, a person must belong to a command structure, wear distinctive clothing or insignia, carry arms openly, and comply with the laws of war. Prisoners of war must be protected from physical harm, forced labor, and hostage-taking, and repatriation to their home country is in principle to take place after the end of hostilities.

Historical Development

Since ancient times, prisoners of war were subject to slavery or ransom. In the Roman era, prisoners of war sometimes fell to becoming gladiators or slaves. In the modern era, with the conclusion of the first Geneva Convention in 1864, humane treatment of wounded soldiers was discussed, and through World War I, international norms on the treatment of prisoners of war were formed. During World War II, forced labor by the Japanese military and the massacre of prisoners of war by Nazi Germany became major issues in the postwar Nuremberg and Tokyo trials. In the Korean War, the Geoje prisoner-of-war camp and the repatriation issue served as key variables in the armistice agreement.

Types and Classification

  • Military prisoners of war: members of regular armed forces and paramilitary organizations
  • Civilian internees: residents of occupied territories, nationals of enemy states
  • Political prisoners and non-combatants: persons detained regardless of armed conflict

Treatment and Problems

Prisoner-of-war camps have frequently seen human rights violations such as poor sanitation, food shortages, forced labor, and torture. In addition, prisoner exchanges, refusal of repatriation, and forced conscription become subjects of political negotiation between parties to a conflict.

Recent Trends

Since 2022, in the Russia-Ukraine war, large-scale captures of prisoners and mutual exchanges have been repeated, and the International Criminal Court (ICC) has defined the abuse and execution of prisoners as war crimes and is conducting investigations. In addition, with the development of drone and AI-based surveillance technology, prisoner identification and tracking systems are changing, and the dissemination of prisoner videos through social media has emerged as a new type of violation of humanitarian law. In 2024–2025, the issue of hostages and prisoners in the Gaza Strip conflict emerged as a key issue in ceasefire negotiations, and the mediation role of the International Committee of the Red Cross (ICRC) is drawing attention again.

Related Topics

  • [[Geneva Conventions]]
  • [[War crimes]]
  • [[International humanitarian law]]
  • [[Korean War]]
  • [[Human rights]]