GA+Human+Rights+Kenya


 * Country:** Kenya
 * Topic:** Rights of Prisoners of War
 * Committee:** GA Human Rights
 * Name:** Anuj P.
 * Period:** 0

**Rights of Prisoners of War - Kenya**
I. __A BRIEF BACKGROUND OF THE TOPIC:__ //“I was woken up by a knocking at the door. I opened it and there were guns and torches staring at me. They rounded up my cows, beat me and stabbed me as we walked. When we reached the bush they tied me by my feet to a tree, my head hanging down. There were others hanging also. They beat me very badly and said, ‘Choose: Either surrender all your possessions including your land or you die now.’ I told them to take it. They cut off my ear as a mark, then they made me eat it. I crawled home, I could not walk.”// this quote shows the brutality of soldiers who conducted the prisoners of war. People are tortured, beaten or even killed for information or the plain fun of it just because they are the enemy. These people are prisoners of war (POW or POWs). The rights of these "people" aren’t be recognized; every day POWs are being slaughtered, turned into slaves, enduring terrible beatings, dealing with hunger, or face cruelty beyond man has ever seen. We humans have many laws but one that is set for everyone is the "Right to Live." What people do to POWs is inhumane, POWs have rights too they cannot be subject to punishment - which gives them immunity from punishment for crimes constituting lawful acts of war. Although problems we face today is that rights of POWs are being neglected and their death is inevitable.

II. __UNITED NATIONS INVOLVEMENT:__ The UN has done many things to stop the terrible abuse of POWs. The Geneva Conventions are a series of conventions that deal with POWs and the humanitarian rights. The first Geneva Convention took place in 1864; it was also know as Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. The second Geneva Convention took place in 1906 and expanded on the first conventions ideas. The Third Geneva Convention of 1949 added on to the other Geneva Conventions by a treaty agreement that primarily concerns the treatment of prisoners of war. The Fourth Geneva Convention was also made on 1949 and it concerns the civilians during the time of war. The Geneva Conventions concerns how to identity a POW, the rights of POWs and the way to deal with them. Under the Fourth Geneva Convention, a combatant must have conducted military operations, be part of a chain of command, wear a "fixed distinctive marking, visible from a distance" and bear arms openly. Other articles in the Geneva Convention state that combatants who are out of the fight due to wounds, detention, or any other cause shall in all circumstances be treated humanely, including the prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment. One thing that Geneva Conventions highly states is that POWs are to be tried as civilians in a court with a judge. Geneva Conventions has many more articles for what punishments are suitable for prisoners. Because of its vast treatments of POWs, Geneva Convention is the bias for all Rights for POWs. There is also a Hague Convention in 1907 which focuses on the issue of war more than POWs.

III. __COUNTRY POLICY AND INVOLVEMENT:__ Kenya believes in the Geneva Convention and its articles. Kenya is in alliance with the African Union. Kenya in a group called UNMEE (United Nations Mission in Ethiopia and Eritrea). Ethiopia, Eritrea, Kenya, Somalia, and others have grouped together to work on the African Union's problems rather than face it one country at a time. Kenya had signed the Geneva Treaty, but some of the soldiers weren't obeying the articles of the convention. Kenyan soldiers are murdering, torturing, and raping POWs and other civilians. The Sabaot Land Defense Force (SLDF) is trying to stop Kenyan soldiers from doing harmful acts. Leaders of the Kenyan Army met and made sure that any Kenyan soldier will not break the Geneva Treaty or take action into thier own hands. Although, Kenya is not doing any more harmful acts to POWs, we can never be certain that some people will break the rules.

IV. __SOLUTIONS:__ Kenya's solution is the Geneva Treaty. They abide it and are not having any current issue with POWs. One idea would be that all POWs should be written down and organized more carefully (if they don’t already). Also, we will need death certificates and autopsy report of dead POWs so we can tell that their death wasn’t in the hands of the soldiers. This solution should be called Kenyan POW Records (KPR). KPR plans to keep track of POWs and deal them with humanity. Because of KPR, Kenya can negotiate with other countries about POWs and keep records of which people they captured and which people died. KPR will help Geneva Treaty and maintain order among POWs. One major concern is the right of civilians during wars. Remember the Holocaust, thousands of citizens in Europe will killed by invading German Nazis. Jews were slaughtered mercilessly and no act hurt the POWs after the war, so many soldiers who committed murders weren't punished correctly. A new solution called Foreign Militant Crime against Civilian (FMCC) says that anyone that is a soldier, classified by the Geneva Convention, hurts citizens of a foreign country will be tried in the country's court and punishment will be based on the country's decision. Kenya thinks that law should be taken into the country's hands not the soldier's. Kenya is doing well in the rights of prisoners of war and the Geneva Treaty is working fine without any problems.
 * __Bibliography:__**

http://www.hrw.org/english/docs/2008/04/03/kenya18421.htm http://en.wikipedia.org/wiki/Hague_Conventions_(1899_and_1907) http://en.wikipedia.org/wiki/Fourth_Geneva_Convention http://en.wikipedia.org/wiki/Third_Geneva_Convention http://en.wikipedia.org/wiki/Second_Geneva_Convention http://en.wikipedia.org/wiki/First_Geneva_Convention http://en.wikipedia.org/wiki/Prisoner_of_war http://www.unchr.ch/hurricane.nsf/view01/BD02C9EA8A9F86BAC125715BO...