NationStates Jolt Archive


Proper Treatment of POWs

Spacekidastan
08-07-2005, 19:48
Category: Human Rights

Spacekidastan,
REALIZING that humans have basic rights which cannot be taken

REALIZING that many nations hold prisoners captive and deny these basic human rights, poorly treating said prisoners

Proposes the following:
1. Any nation taking prisoners of war and detaining them for the period of greater than one month must submit to UN inspection of the treatment and keeping of said prisoners.
2. The said UN inspector is not to interfere with operations at the containment facility and any information gatherd at that facility is to be kept strictly confidential.
Flibbleites
08-07-2005, 19:52
I refer you to the Wolfish Convention on POW. (http://www.nationstates.net/cgi-bin/index.cgi/page=UN_past_resolutions/start=30)

Bob Flibble
UN Representative
Mikitivity
08-07-2005, 20:22
UNITED NATIONS RESOLUTION #31
Wolfish Convention on POW
A resolution to improve worldwide human and civil rights.

Category: Human Rights
Strength: Significant
Proposed by: Wolfish

Description:
Wolfish Convention relative to the Treatment of Prisoners of War

Article 1
The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.

Article 2
The present Convention shall apply to all cases of declared war or of any other armed conflict, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of occupation, even if the occupation meets with no armed resistance. The present Convention shall apply to the prisoners from the time they fall into the power of the enemy and until their final release and repatriation.

Article 3
The provisions of the present Convention constitute no obstacle to the humanitarian activities which impartial humanitarian organization may undertake for the protection of prisoners of war and for their relief.

Article 4
Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them.

Article 5
Prisoners of war must at all times be humanely treated. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited.

Article 6
The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health.

Article 7
Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria.


Article 8
Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. The questioning of prisoners of war shall be carried out in a language which they understand.

Article 9
Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone.

IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention.

Votes For: 9,735
Votes Against: 2,235
Implemented: Wed Sep 17 2003
Mikitivity
08-07-2005, 20:34
I just posted the copy of the Wolfish Convention, because the current proposal actually *expands* upon it, by introducing the concept of UN inspectors.


1. Any nation taking prisoners of war and detaining them for the period of greater than one month must submit to UN inspection of the treatment and keeping of said prisoners.

2. The said UN inspector is not to interfere with operations at the containment facility and any information gatherd at that facility is to be kept strictly confidential.

I think that we can make an addition to the proposal by mentioning the Wolfish Convention and pointing out that it does not include provisions for UN inspectors, and build a better idea. :)

Here is my government's suggestion on a different draft:


UNITED NATIONS PROPOSED RESOLUTION
Protecting the Rights of POWs
A resolution to improve worldwide human and civil rights.

Category: Human Rights
Strength: Significant
Proposed by: Spacekidastan

The NationStates United Nations

REALIZING that prisoners of war have basic rights established by its Wolfish Convention on POW (Resolution #31);

OBSERVING that the Wolfish Convention does not include provisions for direct UN oversight with respect to the implementation of the rights granted under the Convention;

CONCERNED that nations may hold prisoners captive and deny these basic human rights to prisoners of war;

1. CALLS UPON any nation taking prisoners of war and detaining them for the period of greater than one month to submit to UN inspection of the treatment and keeping of said prisoners;

2. DIRECTS the said UN inspectors to not interfere with operations at the containment facility; and

3. AUTHORIZES these UN inspectors to gather information at that facility is to be kept strictly confidential.



I think we still need to work on my government's rewrite of the last clause, because I don't see the point of inspecting if the UN can't act on that knowledge, but I also think I see what the author was trying to do here ... namely not release information vital to the security of the facility itself. For example, my government doesn't need a blueprint of a prisoner of war camp, but it does need quality of life information regarding the prisoners.

I think this is an excellent idea, and shows strong merit if we agree to work together on this.
Wolfish
08-07-2005, 20:55
Given that all UN members are compliant with the Wolfish Convention, I see no need for UN inspectors. It's simply an added layer of red tape.

W.
Mikitivity
08-07-2005, 21:52
Given that all UN members are compliant with the Wolfish Convention, I see no need for UN inspectors. It's simply an added layer of red tape.

W.

That is an assumption on your part.

The *degree* to which UN members choose to implement UN recommendations has always been subject to roleplay. This is a FACT that the moderators have made clear in examples like the Banning Whaling and Law of the Sea resolutions of 2004.

All the game says is that nations comply with resolutions ... it does not state the degree or manner in which they comply. I certainly think there is no harm in TWO YEARS after the passage of your resolution in allowing a newbie a chance at revisiting the debate by building upon something that was not included in your resolution. (BTW, I think your resolution was good ... but part of the fun in the game is roleplaying and responding to UN resolutions, including finding loopholes and plugging them back up.)