INTERNATIONAL COOPERATION REGARDING WAR PRISONERS

PROTECTION DEVELOPMENT INTO THE 21ST CENTURY

CONFLICTS

Victoria CHIRILOIU,

PhD candidate, National Defense University CAROL I,

kirivic@yahoo.com

Abstract: The international cooperation on war prisoners protection is a must. If we are talking about
the war prisoners we talk about something more than national. Into the military combat the war prisoners
phenomena is a normal result. Always, the protection should come out from the inside of conflict but always the
neutral parts or the international organizations.

The UN, OSCE, NATO, Shanghai Organizations, the African Union throughout the states international
cooperation main issues are regarding rule of law, human rights and of course the war prisoners status
enforcement.

Keywords: war, prisoners, international cooperation

The 21st Century Conflicts Features

Most of the 21st century international political orientations starts up with the rule of
law principle, democracy, international human rights and the peace globalizations despite the
increasing of the terrorist attacks. Into this environments, to speak about the legal and illegal
combatants and implicit about the benefits of the prisoners of war status might be just
something to much. The question can be who is legal and who is illegal and from which sides
we are. Lets say that all of the participants into the conflict, no matter if they are civilian,
military personnel, insurgents or terrorist are the human beings. 1 From this hand, they might
enjoy by the human rights protection principle, since they are human being and need in some
ways the global education on social behaviors. North Atlantic Treaty Organization, (NATO),
is one of the most important political and military organization which main purpose is the
1
http://www.nato.int/cps/en/natohq/topics_50084.htm?selectedLocale=en accessed on 18 of February 2015,
13:00 hours
collective defense and by the extensions of this principle with the global security and fighting
against the terrorism.2

The international organization regarding human rights, regional prosperity and

global peace and of course the Prisoners of war status protection
All of the international organization has the central issues the human rights
promotions, the prosperity of its regions or just the global balance. United Nations3 , (UN), is
the leader of the international peace and diplomacy, with neutral interest and the most social
and wellness purpose. Within the African Union4, The Organization for Security and
Co/operation in Europe5, International Red Cross and Red Crescent Committee Organization6,
(IRCRC), NATO, the UN is the international warrant of the status of the prisoners of war
protection.
Under the article 125 of the Geneva III conventions7, the International Committee of
the Red Cross is authorized to visit the prisoners of war into the field, privately, without any
disturbance. Throughout this special mandate, the ICRC, a private nonprofit organization is
involved and empowered with the direct supervision and action regarding the prisoners of war
status implementations. Despite all the interest demonstrated by the UN, NATO and African
Union, the International Red Cross Committee is the only one with the express stipulation into
the prisoners of war protections. All of the Geneva III conventions 8 legal text represents the
Status of the Prisoners of war and its ways to enforcement, and the UN and the International
Red Cross Committee has the most important role into it.
The International Red Cross Committee has many sections and actions plans, one of
the most important in my opinion regarding the conflict prevention and implicitly into the
prisoners of war protection thought the international cooperations is the humanitarian
diplomacy 9sections.

2
http://www.nato.int/cps/en/natohq/topics_77646.htm accessed on 18 of February 2015, 13:20 hours
3
http://www.un.org/en/, accessed on 18/02/2015, 13:40 hours
4
http://www.au.int/, accessed on 18/02/2015, 13:41 hours
5
http://www.osce.org/what, accessed on 18/02/2015, 13:42 hours
6
https://www.icrc.org/eng/assets/files/other/irrc_866_interview.pdf
7
https://www.icrc.org/applic/ihl/ihl.nsf/Article.xsp?
action=openDocument&documentId=0E9C21211EF9F949C12563CD0051B574 , accessed on 18/02/2015,
13:46 hours
8
https://www.icrc.org/ihl/INTRO/375?OpenDocument, accessed on 18/02/2015, 13:49 hours
9
https://www.icrc.org/en/what-we-do/humanitarian-diplomacy-and-communication
 At the article 310, The African Union Constitutive Act is stipulated active cooperation
with the United Nations. As a regional organization, the African Union have the main
purpose to empower the social life in Africa and to eradicate the poverty, of course preventing
war and conflicts.
The cooperation of the International Red Cross Committee with the African Union 11
is another action line. Region with many conflicts, since 1990, Africa12 is also a region with
high rate of poverty, despite the fertile soil or the underground richness. United Nations have
many missions there, of course together with the International Red Cross and Red Crescent
Organizations. Both of these organizations, one intergovernmental and other non-
governmental are global, with presence, offices and missions all over the world13.
The United Nation is also the leader the warrant of the international law enrichment
and enforcement. UN is the only one global intergovernmental organizations and this emerge
its power and will. The other organizations are regional, and its are coordinated in some ways
by the UN, all of its had the cooperation with the UN.

Of course, NATO and OSECE sustain the UN into the world peace and global security
effort.14The most recent conflicts is the one from Ukraine, also the Middle East or ISSIS
.

Conclusions

Despite the human rights is on the everyone lips, the rule of law state still a dream.
The status of the prisoners of war is real defended only by the UN and IRCRC. The other
regional or politico military organization demonstrate that they have been choosing to
promoted the military or political necessity in from of the humanitarian principles and human
rights preservation like the status of the prisoners of war enforcement.
The international cooperations exist, and into the field, according with my UNAVEM, SFOR,
IRAQ, missions experience, the international Red Cross is the one who is directly

10
(e) encourage international cooperation, taking due account of the Charter of the United Nations and the
Universal Declaration of Human Rights;
11
https://www.icrc.org/en/document/icrc-president-completes-talks-african-union-and-ethiopian-
leaders#.VOM3ROaUdDQ
12
https://www.icrc.org/en/where-we-work/africa
13
http://www.redcross.int/EN/mag/magazine2008_3/index.html
14
http://www.nato.int/docu/review/2005/Peace-Building/NATO-support-UN-operations/EN/index.htm
implicated into the prisoners protection and it was always with the real help by the UN.
NATO or OSCE15.

Annexes
http://www2.ohchr.org/english/OHCHRreport2014_2017/OMP_Web_version/media/pdf/72_
Russian_Federation.pdf

The Shanghai Cooperation organization is a regional political organization which in some

way is balancing the NATO.

The SCO Secretariat based its work on the expansion of interaction with international
organisations upon the recommendations of the governing bodies of the SCO.
The SCO exchanged information with the UN Secretariat, maintained regular contacts with
the UN missions accredited in Beijing. In December 2007 the SCO Secretary-General
participated in the opening ceremony of the United Nations Regional Centre for Preventive
Diplomacy for Central Asia in Ashgabat. In July 2008 a meeting was held in Beijing with
Miroslav Jenca, the head of the UN Regional Centre for Preventive Diplomacy for Central
Asia. In October 2008 at the invitation of the UN Secretary-General the SCO Secretary-
General participated in the 63rd session of the UN General Assembly. In December 2008
through the MFA of the member state holding the SCO presidency the Organisation initiated
inclusion of the issue of interaction between the UN and the SCO in the agenda of the 64th
session of the UN General Assembly. In August 2007 the UN Under-Secretary-General for
Political Affairs Lynn Pascoe attended the SCO summit in Bishkek. In August 2008 Miroslav
Jenca, the Special Representative of the UN Secretary-General, attended the SCO summit in
Dushanbe

15
http://www.osce.org/what