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Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War

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Published in Clapham, Gaeta and Sassòli. The 1949 Geneva Conventions, A Commentary. Oxford: Oxford University Press. 2015, p. 1039-1066
Abstract This chapter discusses the rules governing the release, accommodation in neutral countries, and repatriation of prisoners of war (POWs). It covers repatriation and accommodation in neutral countries during hostilities; repatriation at the end of active hostilities; cases where repatriation at the end of active hostilities is not required; and status and treatment of prisoners of war who are not repatriated. Concerning the obligation to repatriate prisoners of war at the end of active hostilities, the determination of that point in time, the fact that this obligation is not subject to reciprocity, the relevance of objections and fears of prisoners of war to be repatriated, the destination of the repatriation, and practical arrangements and modalities are discussed. Finally, the relevance of the rules on repatriation of prisoners of war in non-international armed conflicts and particular legal consequences of an unlawful non-repatriation or repatriation of prisoners of war are discussed.
Keywords Geneva Convention III 1949VictimsPrisoners of warRepatriationReleaseWoundedSickNon-refoulementEnd of active hostilitiesReciprocity
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ISBN: 978-0-19-967544-9
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SASSOLI, Marco. Release, Accommodation in Neutral Countries, and Repatriation of Prisoners of War. In: Clapham, Gaeta and Sassòli (Ed.). The 1949 Geneva Conventions, A Commentary. Oxford : Oxford University Press, 2015. p. 1039-1066. https://archive-ouverte.unige.ch/unige:77213

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Deposited on : 2015-11-12

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