Prisoner-Of-War Status after September Eleven: Need for Amending the Laws of War in the Context of Transnational Armed Conflicts

Abstract

It is a normal practice to confer Prisoner- Of-War (POW) status to all those who are captured by the enemy forces and satisfy all legal requirements specified for lawful combatants. But, the instances of compliance with this practice by states have left a lot to be desired. Particularly noteworthy is the fact that after 9/11 the nature of armed conflicts has changed which has meant that states are not ready to recognize detainees in the context of the global war on terror as POWs. Hence at this stage there is a need to expand the existing law governing POWs to ensure their fair treatment, especially due to the changing nature of armed conflicts post-9/11.