To Be or Not to Be, that is the Question Contemporary Military
Operations and the Status of Captured Personnel
Army Lawyer 1, 1999
25 Pages Posted: 25 Jun 2006
Using the illustration of several U.S. Army soldiers who were captured by the Serbian armed forces along the Serbian/Macedonian border during Operation Allied Force (the air campaign by NATO against Serbia), this article analyzes the applicability of the Geneva Convention for the Protection of Prisoners of War to contemporary military operations. The article demonstrates that how the determination of "who is and is not" a prisoner of war requires compliance with the de facto analytical framework established by the Convention. The case of General Manuel Noriega is used as an example of the invalidity of policy manipulation of this framework. The article then summarizes the fundamental protections that must be afforded to any individual qualifying for status as a prisoner of war.
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