International Humanitarian Law International humanitarian law prohibits torture and ill-treatment of all combatants and civilians, in all circumstances of international and non-international armed conflict. The Geneva Conventions explicitly permit the transfer of prisoners of war (POWs) and civilians only to states that are parties to the conventions and willing to comply with the protections codified in them. The human rights norm against torture and ill-treatment, including refoulement to such abuse, continues to apply in all situations of armed conflict. The Third Geneva Convention, article 13, states that “Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention.”13 Article 17 provides that: “No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever.” The Convention includes an express provision at article 12 regarding the transfer of a POW to a third state and requires that the receiving state be a party to the convention and fully protect the rights of POWs, including the prohibition against torture and illtreatment.14 The Fourth Geneva Convention prohibits the torture and ill-treatment of civilians.15 The convention also prohibits the unlawful transfer or deportation of civilians to states not party to the convention and requires the receiving state to ensure that the rights codified in the convention are applied to all transferred civilians.16 Significantly, the convention states that: “In no circumstances shall a protected person [including civilians] be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs.”17 Article 147 specifically classifies torture and 13 Geneva Convention Relative to the Treatment of Prisoners of War, August 12, 1949, 6 U.S.T. 3316, 75 U.N.T.S. 135, article 13 [online] http://www.unhchr.ch/html/menu3/b/91.htm (retrieved March 17, 2005). 14 Ibid. Article 12 states: “Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.” 15 Convention Relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949. 6 U.S.T. 3516, 75 U.N.T.S. 287 [online] http://www.icrc.org/ihl.nsf/0/6756482d86146898c125641e004aa3c5?OpenDocument (retrieved March 17, 2005). Article 31 prohibits coercive interrogation and article 32 prohibits physical suffering, including torture and corporal punishments. 16 Ibid., article 45. 17 Ibid. 11 HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)