Geneva Conventions

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The Geneva Conventions consist of four treaties and three additional protocols that set the standards in international law for humanitarian treatment of the victims of war. The singular term Geneva Convention refers to the agreements of 1949, negotiated in the aftermath of World War II, updating the terms of the first three treaties and adding a fourth treaty. The language is extensive, with articles defining the basic rights of those captured during a military conflict, establishing protections for the wounded, and addressing protections for civilians in and around a war zone. The treaties of 1949 have been ratified, in whole or with reservations, by 194 countries.^[1]

“	Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war.	”
—- Article 27, Fourth Geneva Convention

The Geneva Conventions do not address the use of weapons of war, as this is covered by the Hague Conventions (1899 and 1907) and the Geneva Protocol.

Contents 1 History 2 The conventions and their agreements 2.1 Conventions 2.2 Protocols 3 General Provisions of the First Three Common Articles 3.1 Common Article 1 3.2 Common Article 2 3.3 Common Article 3 4 Grave Breaches 5 See also 6 References 7 External links

[edit] History

In 1862, Henri Dunant published his book, Memoir of Solferino, on the horrors of war.^[2] His wartime experiences inspired Dunant to propose (1) a permanent relief agency for humanitarian aid in times of war, and (2) a government treaty recognizing the neutrality of the agency and allowing it to provide aid in a war zone. The former proposal led to the establishment of the Red Cross. The latter led to the First Geneva Convention. For both of these accomplishments, Henri Durant became corecipient of the first Nobel Peace Prize in 1901.^[3]

The ten articles of this first treaty were initially adopted in 1864 by twelve nations.^[4] Clara Barton was instrumental in campaigning for the ratification of the First Geneva Convention by the United States, who eventually ratified it in 1882.^[5]

The second treaty was first adopted in 1906 and specifically addressed members of the Armed Forces at sea. The third treaty was first adopted in 1929 to deal with the protection of prisoners of war. The fourth treaty was first adopted in 1949. It reaffirmed the prior three treaties and added many new terms, including the protection of civilians during wartime.

Despite the length of these documents, they were found over time to be incomplete. In 1977, a new convention of countries was convened, and two protocols were adopted that extended the terms of the 1949 treaty with additional protections. In 2005, a third brief protocol was added establishing a distinctive emblem for medical services, which was previously identical to the emblem for the Red Cross.

[edit] The conventions and their agreements

Development of the Geneva Conventions from 1864 to 1949.[citation needed]

[edit] Conventions

In diplomacy, the term convention does not have its common meaning as an assembly of people. Rather, it is used in diplomacy to mean an international agreement, or treaty. The first three Geneva Conventions were revised and expanded in 1949, and the fourth was added at that time.

• First Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
• Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
• Third Geneva Convention relative to the Treatment of Prisoners of War
• Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War

The whole set is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Convention".

[edit] Protocols

In addition, there are three additional amendment protocols to the Geneva Conventions:

• Protocol I (1977) relating to the Protection of Victims of International Armed Conflicts
• Protocol II (1977) relating to the Protection of Victims of Non-International Armed Conflicts
• Protocol III (2005) relating to the Adoption of an Additional Distinctive Emblem (for medical services)

[edit] General Provisions of the First Three Common Articles

Each of the four conventions begins with three virtually identical articles.

[edit] Common Article 1

Article 1 reads: "The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances."

[edit] Common Article 2

Article 2 specifies which parties are bound, and under what circumstances.

• That any armed conflict between two or more "High Contracting Parties" is covered;
• That it applies to occupations of a "High Contracting Party";
• That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the , if the latter accepts and applies the provisions thereof."

[edit] Common Article 3

Article 3 has been called a "Convention in miniature." It is the only article of the Geneva Conventions that applies in non-international conflicts.^[6]

It describes minimal protections which must be adhered to by all individuals within a signatory's territory during an armed conflict not of an international character (regardless of citizenship or lack thereof): Noncombatants, combatants who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, including prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment. The passing of sentences must also be pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. Article 3's protections exist even though no one is classified as a prisoner of war.

The article text for Article 3 of the Second Geneva Convention differs from the other three Conventions in that it adds "shipwrecked" to the "wounded and sick."

Article 3 also states that parties to the internal conflict should endeavour to bring into force, by means of special agreements, all or part of the other provisions of the Geneva Conventions.

[edit] Grave Breaches

The Geneva Conventions and Additional Protocol I require the ratifying parties to repress grave breaches of the conventions, which are classified as war crimes under statutes of the International Criminal Court and the U.S. War Crimes Act of 1996. States parties—that is, the ratifying parties—are required to search for persons who have allegedly committed or ordered the commission of grave breaches of the conventions and bring those persons before their own courts, or hand them over to another state party for trial.^[7]

Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person protected by the convention: willful killing, torture or inhuman treatment, including biological experiments; willfully causing great suffering or serious injury to body or health; compelling one to serve in the forces of a hostile power; and willfully depriving one of the right to a fair trial. Also considered grave breaches of the Fourth Geneva Convention are the following: taking of hostages; extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly; and unlawful deportation, transfer, or confinement.^[7]

[edit] See also

• Attacks on humanitarian workers
• Command responsibility
• Geneva Conference
• Hague Conventions (1899 and 1907)
• Human rights
• International Federation of Red Cross and Red Crescent Societies
• Laws of war
• Nuremberg Principles
• Protective sign
• Reprisals
• Rule of Law in Armed Conflicts Project (RULAC)
• War crime

[edit] References

[edit] External links

• Texts and commentaries of 1949 Conventions & Additional Protocols
• ICRC overview of the Geneva Conventions
• Reference Guide to the Geneva Conventions
• www.SupportGenevaConventions.info

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