| Answer: According to the Qur’ān, prisoners
of war of an enemy with which peace has been concluded must be treated
generously and set free at all costs – whether after accepting ransom or
whether as a favour by just setting them free:
فَإِذا لَقِيتُمْ الَّذِينَ كَفَرُوا فَضَرْبَ الرِّقَابِ
حَتَّى إِذَا أَثْخَنتُمُوهُمْ فَشُدُّوا الْوَثَاقَ فَإِمَّا مَنًّا بَعْدُ
وَإِمَّا فِدَاءً حَتَّى تَضَعَ الْحَرْبُ أَوْزَارَهَا (٤:٤٧)
So, when you meet those who disbelieve [in
the battlefield], strike off their heads. Then when you have shed their
blood fully, bind them [as captives]. Thereafter, free them as a favour or
free them with ransom till war lays down its weapons. (47:4)
Although these verses were revealed for the
Ismaelites of the Prophet’s times, yet they present an eternal directive
regarding prisoners of war.
Those among the prisoners who are guilty of
war crimes must be given a fair trial and given any punishment on the basis
of a court verdict. Without any such sanction, a state has no authority even
to punish them let alone execute them. |