The treatment of prisoners of war (POWs) is a subject that has garnered significant attention, especially in the wake of reports of violations by occupation forces in conflict zones like Iraq. The accounts of sexual harassment, abuse, and other inhumane actions inflicted upon Iraqi prisoners by Anglo-American troops have caused widespread moral outrage. This situation raises important questions about the rights of prisoners of war under both international law and Islamic Shari`ah. In this article, we aim to clarify these issues, shedding light on the expectations set forth by both legal frameworks.

International Law on the Treatment of Prisoners of War

International law, specifically the 1949 Geneva Convention, provides a comprehensive framework for the treatment of prisoners of war. According to the Geneva Convention, prisoners who fall under the control of an enemy state must be treated with respect and dignity, ensuring their basic needs are met and their rights are upheld. Key provisions of the Geneva Convention include:

  1. Responsibility of the Occupying State: The state occupying the territory is responsible for the treatment of prisoners, not the soldiers who capture them (Article 12).
  2. Relocation and Protection: POWs must be moved to safe locations away from the battlefield to prevent further harm (Article 19).
  3. Basic Needs: They must be provided with adequate housing, clothing, food, and medical care.
  4. Religious Freedom: POWs have the right to practice their religious duties and rituals.
  5. Communication Rights: POWs should be allowed to send and receive letters and parcels to maintain connections with the outside world.
  6. Work and Compensation: POWs may be tasked with light duties, such as farming, in exchange for payment.

Violations of these provisions, as seen in the treatment of detainees in Iraq and Guantanamo, constitute a breach of the Geneva Convention and may lead to charges of war crimes against the perpetrators.

The Status of Prisoners of War in Islamic Shari`ah

In Islam, the treatment of prisoners of war is governed by principles of justice, mercy, and compassion. Both the Qur’an and the Sunnah (the teachings and practices of Prophet Muhammad, peace be upon him) emphasize the importance of humane treatment for captives. Several key points highlight the Islamic approach to prisoners of war:

  1. Mercy and Forgiveness: Islam encourages mercy towards captives, with Allah promising forgiveness to those captives who show goodness in their hearts. The Qur’an states, “O Prophet! Say unto those captives who are in your hands: If Allah knows any good in your hearts, He will give you better than that which has been taken from you, and will forgive you. Lo! Allah is Forgiving, Merciful” (Al-Anfal 8:70).
  2. Provision of Food and Shelter: Islam teaches that captives should be treated with the utmost kindness, providing them with food, shelter, and care. The Qur’an says, “And feed with food the needy wretch, the orphan, and the prisoner, for love of Him” (Al-Insan 76:8). The Prophet Muhammad (peace be upon him) demonstrated this by personally offering food and water to captives.
  3. Humane Treatment: The Prophet Muhammad (peace be upon him) instructed Muslims to treat captives with dignity. An incident during the Battle of Badr illustrates this: a Muslim fighter shared his last piece of bread with a captive, showing great kindness and generosity.
  4. Prohibition of Torture: Islam categorically forbids the torture of prisoners for information or any other purpose. Imam Malik, a prominent Islamic scholar, stated that there is no basis in Islamic law for torturing captives to extract military information.
  5. Clothing and Care: Islam also mandates that captives be provided with proper clothing. The Prophet Muhammad (peace be upon him) himself ensured that captives, including those like Al-`Abbas, were clothed appropriately to prevent any humiliation or discomfort.
  6. Religious Freedom: Islam guarantees that prisoners of war have the right to practice their religious rituals and duties, without interference or coercion.

Treatment of Captives in Contemporary Conflicts

Despite the clear directives of both international law and Islamic teachings, the treatment of prisoners in modern conflicts often deviates from these standards. In Iraq, for example, the abuses suffered by detainees under Anglo-American occupation reflect a severe violation of both international law and Islamic principles. Prisoners have been subjected to torture, sexual abuse, and inhumane conditions, leading to widespread condemnation.

Dr. Ahmad Abul-Wafa, a professor of International Law at Cairo University, notes that the Geneva Convention provides a robust framework to protect the rights of prisoners. Any violation, such as the mistreatment of detainees in Iraq, constitutes a breach of international law and can be prosecuted as a war crime.

Choices for Dealing with Prisoners in Islamic Law

In addition to providing humane treatment, Islamic Shari`ah also outlines several options for dealing with prisoners of war. These choices include:

  1. Calling to Islam: Prisoners may be invited to embrace Islam, as reflected in the Qur’an: “If Allah knows any good in your hearts, He will give you better than that which has been taken from you, and will forgive you” (Al-Anfal 8:70).
  2. Release without Conditions: Prisoners may be freed without any obligations, especially if they pose no future threat to Muslims.
  3. Release for Ransom: Prisoners may be released in exchange for ransom, either paid by their families or their government.
  4. Captivity for Political Leverage: In some cases, captives may be held as a form of pressure on the enemy to resolve political or military issues.

Islamic law, however, categorically prohibits the mistreatment or humiliation of prisoners. Whether through torture or any other form of abuse, prisoners must be treated with mercy and respect, as they are fellow human beings.

Conclusion

The treatment of prisoners of war is a critical issue, both in the context of international law and Islamic Shari`ah. Both legal systems emphasize the protection and humane treatment of captives, prohibiting abuse, torture, or humiliation. The violations committed by Anglo-American occupation forces in Iraq are stark reminders of the importance of adhering to these principles. Whether through the Geneva Convention or the teachings of Islam, the treatment of prisoners should reflect the highest standards of justice, dignity, and compassion, ensuring that the rights of all individuals, regardless of their background, are respected and upheld.