As US, Iran race to find missing pilot, what does international law say about POWs' fate?

This turn of events has prompted many to question the rules regarding the treatment of Prisoners of War (POWs) as speculations abound over diplomatic tactics and politics.

A day after a US F-15 fighter aircraft was shot down in Iranian territory, the United States was able to rescue one of the pilots; however the other airman remains missing. This incident has prompted both the countries to intensify their search for the missing crew member.

This is the first US fighter jet to go down since the commencement of the war on February 28. On Saturday, Tehran said it had shot down the warplane while the United States reported that its special forces had rescued one of its two crew members.

This turn of events has prompted many to question the rules regarding the treatment of Prisoners of War (POWs) with speculations abound over diplomatic tactics and politics.

Iran's reward

Iranian media reported the downing of the jet along with a message of giving a 'valuable reward' to anyone who captured the crew member alive.

"Dear and honourable people, if you capture the enemy pilot or pilots alive and hand them over to the police and military forces, you will receive a valuable reward and bonus," the message read.

Mohammad Ghalibaf, the speaker of Iran's parliament, mocked the Trump administration.

He wrote on X: "After defeating Iran 37 times in a row, this brilliant no-strategy war they started has now been downgraded from 'regime change' to 'Hey! Can anyone find our pilots? Please?'

"Wow. What incredible progress. Absolute geniuses."

Rules of the Geneva convention

The Geneva convention classifies a captured pilot as a Prisoner of War (POW).

Article 4 of the Geneva convention defines a Prisoner of War as members of armed forces or militias who find themselves on hostile territory and occupation. However, it is Article 13 that mandates a POW must be treated in a humane manner at all times. Any act which causes their death or endangers their heath will be in direct breach of the convention.

The Geneva Convention also limits the information a prisoner must give. According to Article 17, POW is bound to give only their surname, first names, rank, date of birth, and serial number. Moreover the rules stat , " "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."

After the cessation of hostilities POWs shall be released and repatriated without delay.

Though the norms of war have laid strict rules regarding the treatment of POWs, history has proven that adhering to those norms is often inconsistent.

Iran's brushes with US

In the past, Iran and US have clashed over issues related to treatment of foreign personnel.

On 4 November 1979, a group of Ayatollah supporters broke into the American embassy in Tehran and took 66 Americans hostage. 52 of them were held for 444 days and released on January 20, 1981.

On 12 January 2016,  2 US Navy riverine command boats travelling from Kuwait to Bahrain strayed into Iranian territorial waters near Farsi Island in the Persian Gulf. The IRGC took nine men and one woman at gunpoint and blindfolded them.

The then US Secretary of State John Kerry called his counterpart in Iran regarding the incident.

IRGC ordered the sailors to strip off their body armour, kneel, and put their hands behind their heads, while they were photographing and filming them throughout. 

They released they very same footage which showcased the apprehended Navy personnel with one of the sailors reading out an apology for entering Iranian waters.

“It was a mistake that was our fault, and we apologize for our mistake,” the man in the video said. While another said “The Iranian behavior was fantastic while we were here and we thank you very much for your hospitality and your assistance."

The sailors were released unharmed 15 hours later.