Iron Swords - Law - Prisoners of War
The Israeli army added to its record of violations during the aggression against the Gaza Strip, photographing “Palestinian prisoners” while they were almost naked, in a scene that may hold Tel Aviv with international legal responsibility, according to a legal expert. The International Committee of the Red Cross expressed its concern about the photos, saying through a statement by Jessica Musan, media relations advisor in the Middle East, that all detainees and detainees must be treated humanely and with dignity in accordance with international humanitarian law.
Army spokesman, Daniel Hagari , commented on the pictures showing Israeli forces arresting “dozens of Palestinians in the Gaza Strip,” blindfolded, naked, and on their knees, saying during a press conference that the army is investigating whether the detainees are related to the Hamas movement.
According to Article 5 of the Universal Declaration of Human Rights, no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 7 of the International Convention on Civil and Political Rights states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Geneva Convention (III) relative to the Treatment of Prisoners of War. , 12 August 1949, Article 13 - Humane treatment of prisoners, states :" prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity."
The ICRC commendtary from 2020 noted "Traditionally, the intentional exposure of prisoners of war to insults and public curiosity was a military ritual performed for propaganda purposes, which can be traced back to ancient Rome.[101] During the First and Second World Wars, members of armed forces who had fallen into the power of the enemy were frequently paraded in front of the crowds to boost the morale of the Party’s own civilian population or to psychologically subdue the inhabitants of an occupied territory. Such parades were essentially humiliating and even dangerous, as they exposed prisoners to verbal and physical abuse. They were already prohibited by the 1929 Geneva Convention on Prisoners of War. There are at least two cases related to the Second World War in which this prohibition served as a basis for criminal prosecution. During the 1955–1975 Vietnam War, US prisoners were forced to march through the main streets of Hanoi while being brutally assaulted by angry crowds.
"As technology advanced, prisoners became exposed to public curiosity via photographic images and video footage. This was already the case during the Second World War, where photo and film propaganda was extensively used by all the Parties. In subsequent armed conflicts, images of prisoners of war frequently appeared on television and later were posted on the internet....
"The prohibition undoubtedly covers parading prisoners in public. Moreover, prisoners must not be exposed to humiliation when they leave their camp for work, are transferred to another facility or are being repatriated.[113] In modern conflicts, the prohibition also covers, subject to the considerations discussed below, the disclosure of photographic and video images....
"... images of prisoners in humiliating or degrading situations may not be transmitted, published or broadcast unless there is a compelling reason of public interest to do so (for instance, to bring serious violations of humanitarian law to public attention) and the images do not disclose the identities of the individuals concerned.[121] In general, the media should always resort to appropriate methods, such as blurring, pixelating or otherwise obscuring faces.."
Prof. Ayman Abdelaziz Salama, Visiting Professor of International Law, Nasser Higher Military Academy, Egypt. International law expert, Dr. Ayman Salama, adds to the above that the Third Geneva Convention for the Treatment of Prisoners of War and Detainees, issued in 1949, prohibits the state that captures them if that depiction would degrade their value and dignity, affect their honor and dignity, and insult them in a humiliating way.
In a press statement, Salama, one of the participants in the International Committee of the Red Cross’s updates regarding prisoners of war, explained that some countries film prisoners for propaganda purposes, such as humiliating them and distorting their reputation on the grounds that they surrendered and did not continue fighting, and it may be for the purpose of blackmailing them, to obtain information.
Salama pointed out that photographing prisoners in itself constitutes a form of psychological torture, pointing out that by turning some into “prisoners of war,” they are considered a weak human group exposed to dangers, as are women, children, and refugees during armed conflicts, in accordance with international humanitarian law, which stipulates Protection laws are provided for prisoners of war.
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