Captured IAF pilot must be treated humanely as per Geneva Convention

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In this image taken from video released by Pakistan's military, showing what they claim to be an Indian pilot who was captured after his plane was shot down by Pakistan's Air Force in the country's part of Kashmir.

After an Indian Air Force pilot went missing in action on Wednesday as India responded to incursions by the Pakistan Air Force near the Line of Control, the Ministry of External Affairs on Wednesday said that it had summoned Pakistan's Acting High commissioner and had "strongly objected" to Islamabad's "vulgar display" of the pilot.

Importantly, officials will review legal aspects, bilateral and global agreements before taking the decision including if the Geneva Conventions would be applied to the Indian Air Force (IAF) pilot. It defines humanitarian protections for prisoners of war.

AIMIM President Asaduddin Owaisi hailed the Indian Air Force (IAF) strikes on terror camps in Pakistan, saying India has the right to self-defence.

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As an IAF pilot has been captured by Pakistan, he is to be treated as a prisoner of war (POW), according to the Geneva Conventions. It was a group of global laws that originated in 1864 (brought into being by the newly created worldwide Committee of the Red Cross) and were significantly updated in 1949 after World War II. "The Indian pilot should be extended all the facilities which he is entitled under the third Geneva Convention", said Ahmer Bilal Soofi. These conventions were developed in the first half of the 20th century, first in 1929 and updated in 1949 after the conclusion of the Second World War.

In 2005, a third protocol was adopted recognising an additional emblem, the red crystal, apart from the red cross and the red crescent.

"If a country is not able to stop non-state actors, then another country which is the target of terrorist violence has the right to act in self-defence", he said. The status of prisoner of war only applies in global armed conflict. the worldwide Committee of the Red Cross monitors whether Geneva Conventions are being followed. Prisoners can not be subjected to physical mutilation, must be protected at all times, particularly against acts of violence, and "against insults and public curiosity".

"Let me tell you one thing in 1965 and 1970 wars, we treated each other's prisoners of war with respect".

Pakistan says it shot down 2 Indian warplanes
But Pakistan says the bombs did not cause any casualties and threatened a response to what they perceived as Indian aggression. Pakistan has therefore, taken strikes at non military target, avoiding human loss and collateral damage.

The conventions also state that POWs can not be prosecuted for taking a direct part in hostilities. The law applies from the time of capture of a military personnel till his/her release or repatriation.

POWs can not be subjected to torture, physical or mental, for any reason.

"The power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health", says the Article 15 of the Convention. "The questioning of prisoners of war shall be carried out in a language which they understand", it says. The POW also must always have identity documents on his or her person. Article 13 mandates that PoWs are to be humanely treated at all times.

Pakistan can not use the fact that they aren't party to Additional Protocol 1 to refuse compliance with treaty obligations, as the protection provided under Article 75 has its place in global law.

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The International Humanitarian Law or IHL is a set of laws that lay down guidelines on can and cannot be done during conflicts involving two or more nations. When a combatant is captured, there are established protocols on how the other side should be intimated about this.

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