ウクライナ治安当局 SNS上にロシア軍の捕虜 撮影した動画公開

事実関係

ウクライナ治安当局 SNS上にロシア軍の捕虜 撮影した動画公開 | NHKニュース

Videos of Russian military on the move spread on TikTok

ジュネーブ第3条約（捕虜条約）

ジュネーブ第3条約13条は次のように定めています。

(1) 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. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.
(2) Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.
(3) Measures of reprisal against prisoners of war are prohibited.

Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.

ICRCコメンタリーは次のように述べています。

Treaties, States parties, and Commentaries - Geneva Convention (III) on Prisoners of War, 1949 - 13 - Article 13 : Humane treatment of prisoners - Commentary of 2020

1625  It has been argued that publication of images of prisoners of war can serve as proof that they are alive, as recognition of their detention and as clarification of who is accountable for them, thereby providing a safeguard against their unlawful execution, forced disappearance or ill-treatment.[115] However, the Third Convention provides other more suitable and effective mechanisms for these purposes, such as the transmission of capture cards,[116] exchange of correspondence[117] and ICRC visits.[118]
1626  More compellingly, photographic and other visual evidence has been used to prosecute war crimes, promote accountability and raise public awareness of abuses, contributing to greater respect for the Geneva Conventions. For example, the Nuremberg trials following the Second World War employed a considerable quantity of photos and films as evidence, as have other international tribunals subsequently.
1627  It is thus necessary to strike a reasonable balance in the implementation of this provision between the benefit derived from making information regarding prisoners of war public, especially given the high value of such materials, and the possible humiliation and even physical harm they may cause to those who appear in them.[119] Accordingly, any materials that enable individual prisoners to be identified must normally be regarded as subjecting them to public curiosity and, therefore, may not be transmitted, published or broadcast.[120] If there is a compelling public interest in revealing the identity of a prisoner (for instance, owing to their seniority or because they are wanted by justice) or if it is in the prisoner’s vital interest to do so (for example, when they go missing), then the materials may exceptionally be released, but only insofar as they respect the prisoner’s dignity. In addition, images of prisoners in humiliating or degrading situations may not be transmitted, published or broadcast unless there is a compelling reason of public interest to do so (for instance, to bring serious violations of humanitarian law to public attention) and the images do not disclose the identities of the individuals concerned.[121] In general, the media should always resort to appropriate methods, such as blurring, pixelating or otherwise obscuring faces and name tags, altering voices or filming from a certain distance, in order to serve their function without disclosing the prisoners’ identities.[122]