Mistreatment and violation of international laws are recurrent events during Second World War （WWII） and torture is a frequent method used in the Algerian War. This paper investigates the escalation of violence whi...Mistreatment and violation of international laws are recurrent events during Second World War （WWII） and torture is a frequent method used in the Algerian War. This paper investigates the escalation of violence which, in some cases, degenerates into torture and offers a comparison between the situation of Axis Prisoners of War （1943-1946） and the imprisonment’s conditions in Algeria （1954-1962）. In spite of the temporal interval and different political contexts, in some cases there’s a strange “continuity”.展开更多
The prevailing narrative instructs us that humane treatment of captured enemy fighters is down to white knights from the western parts of the European continent with their codes of chivalry, or alternatively, the Swis...The prevailing narrative instructs us that humane treatment of captured enemy fighters is down to white knights from the western parts of the European continent with their codes of chivalry, or alternatively, the Swiss businessman Henri Dunant. This contribution challenges that narrative for overlooking, or being ignorant of, the way that societies around the world have approached the matter of the captured enemy fighter. Traces of some of the critical principles about humane treatment that we see in our present law can actually be found in much older societies from outside of Europe. A more accurate and representative way of understanding humanitarianism in the treatment of captured enemy fighters can and must be crafted, with the prevailing Euro-centric account balanced with practices, cultures and faiths from elsewhere. The quest to achieve more humane treatment in armed conflict is first and foremost a battle of the intellect. Narratives and conceptualisations that are more inclusive, recognising and appreciating of the ways of the rest of the world are likely to be more effective in communicating humanitarian ideals. This work adopts a new method of approaching the richness and diversity of the treatment of captured enemy fighters over time and space. This new framework of analysis uses six cross-cutting themes to facilitate a broader international and comparative perspective, and develop a more sophisticated level of understanding. The first theme is how older and indigenous societies approached the matter of captured enemy fighters. The second focuses on religions of the world, and what they teach or require. The third section examines the matter of martial practices and codes of ethics for combatants in certain societies. The fourth category engages with colonisation and decolonisation, and regulation （or non-regulation） of the treatment of captives of war. Fifth is the issue of modernisation and the impact it has had on armed forces and fighters, including on the treatment of captives. The final issue is the shift towards formalised agreements, beginning with the first bilateral agreements and then the multilateral codification exercise that began in the mid-19th century and continues to this day. This framework for analysis leads into a final chapter, presenting a fresh and holistic view on the evolution of prisoner of war protections in the international order. It provides a different way of looking at International Humanitarian Law, starting with this effort at a global understanding of the treatment of captured enemy fighters.展开更多
近几场局部战争中,美军频发虐囚事件,引发世界高度关注。为削减虐囚事件带来的负面影响,平复美军内部厌战情绪,美军开始反思自己的战俘政策。2005年出台的《§2005.Prisoners of war 50 App.U.S.C.A.§2005》,对战俘身份确认、...近几场局部战争中,美军频发虐囚事件,引发世界高度关注。为削减虐囚事件带来的负面影响,平复美军内部厌战情绪,美军开始反思自己的战俘政策。2005年出台的《§2005.Prisoners of war 50 App.U.S.C.A.§2005》,对战俘身份确认、战俘待遇、赔偿提请程序作出了一系列改进,但与《关于战俘待遇之日内瓦公约》及后续出台相关国际公约中规定的战俘保护制度相比,美军战俘保护制度的双重性标准彰显无遗。展开更多
文摘Mistreatment and violation of international laws are recurrent events during Second World War （WWII） and torture is a frequent method used in the Algerian War. This paper investigates the escalation of violence which, in some cases, degenerates into torture and offers a comparison between the situation of Axis Prisoners of War （1943-1946） and the imprisonment’s conditions in Algeria （1954-1962）. In spite of the temporal interval and different political contexts, in some cases there’s a strange “continuity”.
文摘The prevailing narrative instructs us that humane treatment of captured enemy fighters is down to white knights from the western parts of the European continent with their codes of chivalry, or alternatively, the Swiss businessman Henri Dunant. This contribution challenges that narrative for overlooking, or being ignorant of, the way that societies around the world have approached the matter of the captured enemy fighter. Traces of some of the critical principles about humane treatment that we see in our present law can actually be found in much older societies from outside of Europe. A more accurate and representative way of understanding humanitarianism in the treatment of captured enemy fighters can and must be crafted, with the prevailing Euro-centric account balanced with practices, cultures and faiths from elsewhere. The quest to achieve more humane treatment in armed conflict is first and foremost a battle of the intellect. Narratives and conceptualisations that are more inclusive, recognising and appreciating of the ways of the rest of the world are likely to be more effective in communicating humanitarian ideals. This work adopts a new method of approaching the richness and diversity of the treatment of captured enemy fighters over time and space. This new framework of analysis uses six cross-cutting themes to facilitate a broader international and comparative perspective, and develop a more sophisticated level of understanding. The first theme is how older and indigenous societies approached the matter of captured enemy fighters. The second focuses on religions of the world, and what they teach or require. The third section examines the matter of martial practices and codes of ethics for combatants in certain societies. The fourth category engages with colonisation and decolonisation, and regulation （or non-regulation） of the treatment of captives of war. Fifth is the issue of modernisation and the impact it has had on armed forces and fighters, including on the treatment of captives. The final issue is the shift towards formalised agreements, beginning with the first bilateral agreements and then the multilateral codification exercise that began in the mid-19th century and continues to this day. This framework for analysis leads into a final chapter, presenting a fresh and holistic view on the evolution of prisoner of war protections in the international order. It provides a different way of looking at International Humanitarian Law, starting with this effort at a global understanding of the treatment of captured enemy fighters.
文摘近几场局部战争中,美军频发虐囚事件,引发世界高度关注。为削减虐囚事件带来的负面影响,平复美军内部厌战情绪,美军开始反思自己的战俘政策。2005年出台的《§2005.Prisoners of war 50 App.U.S.C.A.§2005》,对战俘身份确认、战俘待遇、赔偿提请程序作出了一系列改进,但与《关于战俘待遇之日内瓦公约》及后续出台相关国际公约中规定的战俘保护制度相比,美军战俘保护制度的双重性标准彰显无遗。
