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Article 52 - Dangerous or Humiliating Labour

from Section III - Labour of prisoners of war

Published online by Cambridge University Press:  21 August 2021

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Summary

The issue of unhealthy or dangerous work, together with the questionwhether prisoners of war may be used for demining, was the topic of fiercedebate at the Diplomatic Conference in 1949. The drafting of Article 52 wasclosely linked to that of Article 50. While the latter provides anexhaustive list of categories of labour that prisoners of war may becompelled to do, the present article prohibits their employment on labourwhich is unhealthy or dangerous, unless they volunteer. The third paragraphof Article 52 makes clear that demining activities are to be considereddangerous labour, while the second paragraph provides that prisoners of warmay not be assigned to labour which would be considered humiliating for amember of the Detaining Power’s own forces.

Type
Chapter
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Commentary on the Third Geneva Convention
Convention (III) relative to the Treatment of Prisoners of War
, pp. 1008 - 1014
Publisher: Cambridge University Press
Print publication year: 2021

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References

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Chifflet, Pascale, ‘Recent Legal Developments: The Judgement of the International Criminal Tribunal for the Former Yugoslavia in Prosecutor v. Mladen Naletilić and Vinko Martinović’, Leiden Journal of International Law, Vol. 16, No. 3, 2003, pp. 525539.CrossRefGoogle Scholar
Hingorani, Rup C., Prisoners of War, 2nd edition, Oceana Press, Dobbs Ferry, 1982.Google Scholar
Levie, Howard S., ‘The Employment of Prisoners of War’, American Journal of International Law, Vol. 57, No. 2, April 1963, pp. 318353.CrossRefGoogle Scholar
Maia, Catherine, Kolb, Robert and Scalia, Damien, La Protection des Prisonniers de Guerre en Droit International Humanitaire, Bruylant, Brussels, 2015.Google Scholar
Pocar, Fausto, ‘L’emploi des civils et des prisonniers de guerre à des fins militaires devant le TPIY’, in Kohen, Marcelo, Kolb, Robert and Tehindrazanarivelo, Djacoba Liva (eds), Perspectives of International Law in the 21st Century: Liber Amicorum Professor Christian Dominicé in Honour of his 80th Birthday, Martinus Nijhoff Publishers, Leiden, 2012, pp. 371382.Google Scholar

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