Geneva Conventions

The 1864 treaty of the First Geneva Convention

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.

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.

History

In 1862, Henri Dunant published his book, Memoir of Solferino, on the horrors of war. 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.

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

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.

The conventions and their agreements

Development of the Geneva Conventions from 1864 to 1949.

The Geneva Conventions comprise rules that apply in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities, for example:

• wounded or sick fighters
• prisoners of war
• civilians
• medical and religious personnel

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".

Protocols

The 1949 conventions have been modified with three amendment protocols:

• 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)

When do the Geneva Conventions apply?

The Geneva Conventions apply at times of war and armed conflict to governments who have ratified its terms. The details of applicability are spelled out in Common Articles 2 and 3. The reader should recognize the controversial nature of the topic of applicability. When the Geneva Conventions apply, governments must surrender a certain degree of their national sovereignty to comply with international law. These laws may not be entirely harmonious with their national constitution or their cultural values. Despite the advantages offered by the Conventions to individuals, political pressures may cause the governments to be reluctant in accepting its responsibilities.

Common Article 2

This article states that the Geneva Conventions apply to all cases of international conflict, where at least one of the warring nations have ratified the Conventions. Primarily:

• The Conventions apply to all cases of declared war between signatory nations. This is the original sense of applicability, which predates the 1949 version.
• The Conventions apply to all cases of armed conflict between two or more signatory nations, even in the absence of a declaration of war. This language was added in 1949 to accommodate situations that have all the characteristics of war without the existence of a formal declaration of war.
• The Conventions apply to a signatory nation even if the opposing nation is not bound by it. By 1949, the treaty was becoming viewed less as a reciprocal contract and more as an agreement on fundamental humanitarian principles. Ratifying the treaty binds the nation to uphold these principles regardless of the behavior of the opposing nation.

Article 1 of Protocol I further clarifies that armed conflict against colonial domination and foreign occupation also qualifies as an international conflict.

When the criteria of international conflict have been met, the full protections of the Conventions are considered to apply.

Common Article 3

This article states that the certain minimum rules of war also apply to armed conflicts that are not of an international character, but that are contained within the boundaries of a single country. The applicability of this article rests on the interpretation of the term armed conflict. For example it would apply to conflicts between the Government and rebel forces, or between two rebel forces, or to other conflicts that have all the characteristics of war but that are carried out within the confines of a single country. A handful of individuals attacking a police station would not be considered an armed conflict subject to this article, but only subject to the laws of the country in question.

The provisions of the entire Geneva Convention are not applicable in this situation, but only a limited list of provisions contained within the language of Article 3, and additionally within the language of Protocol II. The rationale for the limitation is that many articles would otherwise conflict with the rights of a Sovereign State. In summary:

• Persons taking no active part in hostilities should be treated humanely (including military persons who have ceased to be active as a result of sickness, injury, or detention).
• The wounded and sick shall be collected and cared for

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.

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.

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

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