The Updated Commentary on the Third Geneva Convention: A New Tool for Generating Respect for International Humanitarian Law

Abstract

Geneva Convention III relative to the treatment of prisoners of war was first adopted in 1929 but was updated in 1949. It defines the protection afforded to prisoners of war from the time of capture to final release or repatriation. The Convention has been in existence for over seven decades and some of its provisions are no longer in tune with current reality as seen in contemporary armed conflicts noting also that most of the conflicts today are internal in character. The ICRC in their wisdom began the updating of the GC III and in June of 2020 the updated commentary on GC III was launched. This paper therefore, examines the updated commentary on the Geneva Convention III as a new tool for generating respect for IHL. In this wise the paper examines some core provisions of the GC III in line with the updated commentary. The paper finds that the updated commentary provides contemporary meanings to the otherwise obsolete provisions of the GC III. The paper notes that the updated commentary is an indispensable tool for preserving the humane treatment guaranteed to POWs. It further finds that it is a resource and guide book for practitioners and a hand book for experts. The paper recommends that domestic frameworks must be updated in addition to training of the armed forces. It further recommends the dissemination of the provisions of the convention and updated commentary and concludes by urging members of the academia to help make known the updated commentaries as it will help generate respect for IHL.