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Filming/sharing videos of PW war crime? (split from Ukraine - Superthread)

Altair

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You said case closed. And bunch of other stuff about see something say something.

And you said someone should tell Zelenski, and the authorities to cut that stuff out. Yeah, they are busy right now trying not to die.

We are not going to agree on you thinking that that video is a war crime. I don’t think it is. I don’t think anyone will be prosecuted for it, I doubt that Russian soldier is going to file a complaint after the way he was treated. And anyone pursuing this case is wasting time and energy that could be put to good use elsewhere. Yes, Like tank running over Civies.. Is there a risk with all of this social media and instant imagery. Yes. That does not mean that the law should be interpreted dogmatically in all circumstances. Plain and simple. Context and if pursuing the incident is in the best interest of the laws in question. Justice may be blind but it does not have to be heartless.

I’m leaving it at that. Feel free to have the last word.
Meh.
 

Jarnhamar

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2. It never hurts to call out people, friends or foe, to follow the rules.

And its a relatively small thing they can do.
Jump on twitter and start telling the president in Ukraine to do it.

Please post results.
 

lenaitch

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I circle back to the red cross here because they do deal with POWs quite a bit.

Treaties, States parties, and Commentaries - Geneva Convention (III) on Prisoners of War, 1949 - 13 - Article 13 : Humane treatment of prisoners - Commentary of 2020
Being exposed to ‘public curiosity’ as a prisoner of war, even when such exposure is not accompanied by insulting remarks or actions, is humiliating in itself and therefore specifically prohibited. For the purposes of the present article, ‘public’ should be interpreted as referring to anyone who is not directly involved in handling the prisoners of war, including other members of the Detaining Power. Exposure to public curiosity can take many forms. The prohibition undoubtedly covers parading prisoners in public.[112] Moreover, prisoners must not be exposed to humiliation when they leave their camp for work, are transferred to another facility or are being repatriated.[113] In modern conflicts, the prohibition also covers, subject to the considerations discussed below, the disclosure of photographic and video images, recordings of interrogations or private conversations or personal correspondence or any other private data, irrespective of which public communication channel is used, including the internet. Although this is seemingly different from being marched through a hostile crowd, such disclosure could still be humiliating and jeopardize the safety of the prisoners’ families and of the prisoners themselves once they are released.

So simple question here, do you think the RC is wrong in its assesment?

(It seems not all related posts were cut over)

At the risk of getting too close to a dog on a bone, I'll stick my hand up and offer the position that I disagree with the application of the ICRC analysis in this instance, if for no other reason that it lacks context. I fully realize that my opinion and $1.50 buys you a Tim's.

Their commentary is an opinion; a no doubt scholarly and learned opinion, but an opinion none the less. It is a very lengthy analysis of an Article that is three paragraphs long, and opens with the statement that "Prisoners of war must at all times be humanly treated". If someone can point out the lack of humanity in the subject video, I'll be glad to hear it. The ICRC claims the high ground in these matters - I get that but, as far as I understand, they don't arbitrate or adjudicate on any of these matters.

The way I read the Convention, it is initially up to the signatories to adhere to a treaty they signed on to. I suppose the government, in the middle of a war, could maybe ask its citizenry to not photograph prisoners, and maybe direct its soldiers - who might not have been soldiers the day before, to perhaps not participate in something that, to the casual observer, might appear rather humane and caring, but I'll give them a pass if they don't.
 

Altair

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Videos circulating on social media of captured Russian soldiers calling their families and denouncing the invasion of Ukraine may be contributing to the violation of international law about how prisoners of war should be treated.

"You may not publish pictures of prisoners of war where they can be recognized," said Marco Sassoli, a professor of international law at the University of Geneva and a special adviser on international humanitarian law to the prosecutor of the International Criminal Court. "And obviously [in these cases], they can be recognized."

Sassoli said since the videos of soldiers don't appear to humiliate the soldiers, they should not be considered "war crimes," like, for example, the pictures of the abuse of Iraqi soldiers at Abu Ghraib prison in 2004.

Still, he said the pictures of captured Russian soldiers are clearly a violation of international humanitarian law.

The violation is committed by the state where this happens, meaning that Ukraine has the responsibility to protect the prisoners of war and not expose them to what's known as public curiosity.


Go figure.
 
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