Repatriation of Prisoners of War - Forcible and Non-Forcible
Abstract
Purpose: To explore the historical background of repatriation of prisoners of war in order to determine a legal and humane policy for theUnited States to adopt in the event of future conflict. Scope: The issue of non-forcible repatriation of prisoners of war was raised during toe Korean Armistice negotiations, and debated at great length in the First Committee of the United Nations General Assembly in 1952. It was the subject of many legal treatises and news commentaries, and caused serious analysis of the Geneva Conventions of 1949. Although non-forcible repatriation was finally accepted as a legal principle in the Korean armistice agreement, it has not been officially declared as a general policy of the United States. Conclusions: It is concluded that non-forcible repatriation of prisoners of war is a principle founded in international law, customary practice, and morality. The United States, in keeping with its traditions and international reputation, should accept and uphold the principle. However, in order to avoid sociological and political dangers, barely skirted in the Korean settlement, the United States should apply the principle with skillful discretion. Recommendations: It is proposed that the United States seek to have clarifying language on the subject of repatriation included in a revision of the Geneva Conventions of 1949; and as an interim measure, the United States should announce a policy supporting the principles of discretionary asylum and non-forcible repatriation.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 25, 1960
- Accession Number
- ADA951928
Entities
People
- James E. Goodwin
Organizations
- United States Army War College