Pakistan cannot claim the Geneva Conventions do not apply especially since Article 2 of Geneva Convention III specifically says that it applies even where one country does not acknowledge there is an armed conflict. India has already acknowledged that the Geneva Conventions apply, and as explained earlier, formal declarations of war are not required.
It is in fact against Pakistan’s interest to not declare him a PoW, since in such an event, international human rights law protections would apply rather than those international humanitarian law. These include the right to a fair trial, right against torture and right to humane treatment, and the standards for these are stricter than under humanitarian law. Pakistan would also have to ensure consular access to him under the Vienna Convention on Consular Relations (which is of course the subject of the Kulbhushan Jadhav case in the ICJ).

Question

Pakistan cannot claim the Geneva Conventions do not apply especially since Article 2 of Geneva Convention III specifically says that it applies even where one country does not acknowledge there is an armed conflict. India has already acknowledged that the Geneva Conventions apply, and as explained earlier, formal declarations of war are not required.

It is in fact against Pakistan’s interest to not declare him a PoW, since in such an event, international human rights law protections would apply rather than those international humanitarian law. These include the right to a fair trial, right against torture and right to humane treatment, and the standards for these are stricter than under humanitarian law. Pakistan would also have to ensure consular access to him under the Vienna Convention on Consular Relations (which is of course the subject of the Kulbhushan Jadhav case in the ICJ).

Accepted Answer

Any further videos of the pilot or violence against him would be serious, and would clearly violate Pakistan’s obligations under international humanitarian law and human rights law.

Second, India needs to ensure it monitors his treatment and protests any further violations. If the MEA is firmly of the view that the laws of war have already been violated, India should take this up in the United Nations as well as talks with Pakistan and other nations.

Third, Pakistan should return the pilot(s) as soon as the hostilities between the countries are over. India has said ‘we expect his immediate release’, but if there continue to be air strikes and skirmishes, Pakistan can claim that they are not obliged to return him. This also emphasises the need to begin dialogue and de-escalate the conflict.

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Why Captured Pilot Must be Treated as PoW Under Geneva Conventions

Pakistan has to ensure Geneva Convention protections for prisoners of war, like humane treatment, are complied with.

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Topics: Pilot Surgical Strike 2.0 IAF Air Strike