Animals as Combatants and as Prisoners of War?

doi:10.1017/9781009057301.011

10 - Animals as Combatants and as Prisoners of War?

from Part II - The Protection of Animals in International and Non-international Armed Conflicts

Published online by Cambridge University Press: 06 October 2022

Jérôme de Hemptinne ,

Tadesse Kebebew and

Joshua Joseph Niyo

Edited by

Anne Peters ,

Jérôme de Hemptinne and

Robert Kolb

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Anne Peters: Affiliation:
Max Planck Institute for Comparative Public Law and International Law, Heidelberg
Jérôme de Hemptinne: Affiliation:
Geneva Academy of International Humanitarian Law and Human Rights
Robert Kolb: Affiliation:
Université de Genève

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Summary

This chapter examines to what extent ‘animal soldiers’ could obtain two related legal status in light of their contribution to the war effort. They could be combatants when involved in hostilities and prisoners of war after falling into enemy hands. In consequence, they would be protected by Geneva Convention III and Additional Protocol I. While these status have not been envisaged to apply to animals, elements of the protection provided by the said instruments could inspire the analogous design of a protective regime for ‘animal soldiers’. This regime would be based on the following principles: no military involvement in hostilities, subsidiarity, humane treatment and animal dignity.

Keywords

animal soldier combatant prisoner of war principle of distinction autonomy civilian directly participating in hostilities humane treatment animal dignity

Type: Chapter
Information: Animals in the International Law of Armed Conflict , pp. 171 - 183

DOI: https://doi.org/10.1017/9781009057301.011 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2022

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