The Geneva Conventions comprise four treaties, and three additional protocols, that establish
the standards of international law for the humanitarian treatment of war.
The singular term Geneva Convention usually denotes the agreements of 1949, negotiated
in the aftermath of the Second World War, which updated the terms of the first three
treaties, and added a fourth treaty.
The Geneva Conventions extensively defined the basic, wartime rights of prisoners; established
protections for the wounded; and established protections for the civilians in and around
a war-zone.
The treaties of 1949 were ratified, in whole or with reservations, by 196 countries.
Moreover, the Geneva Convention also defines the rights and protections afforded to non-combatants,
yet, because the Geneva Conventions are about people in war, the articles do not address
warfare proper — the use of weapons of war — which is the subject of the Hague Conventions,
and the bio–chemical warfare Geneva Protocol.
History
When the Swiss social activist Henry Dunant visited wounded soldiers after the Battle
of Solferino in 1859, he was shocked by the lack of facilities, personnel, and medical
aid available to help these soldiers.
As a result, he published his book, Memoir of the Solferino, in 1862, on the horrors
of war.
His wartime experiences inspired Dunant to propose:
A permanent relief agency for humanitarian aid in times of war
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 in Geneva.
The latter led to the 1864 Geneva Convention, the first codified international treaty that
covered the sick and wounded soldiers in the battlefield.
For both of these accomplishments, Henry Dunant became corecipient of the first Nobel Peace
Prize in 1901.
The ten articles of this first treaty were initially adopted on August 22, 1864 by twelve
nations.
Clara Barton was instrumental in campaigning for the ratification of the 1864 Geneva Convention
by the United States, which eventually ratified it in 1882.
The second treaty was first adopted in the Geneva Convention for the Amelioration of
the Condition of the Wounded and Sick in Armies at Sea, concluded on July 6, 1906 and specifically
addressed members of the Armed Forces at sea.
It was continued in the Geneva Convention relative to the Treatment of Prisoners of
War, concluded on July 27, 1929 and entered into effect on June 19, 1931.
Inspired by the wave of humanitarian and pacifistic enthusiasm following World War II and the
outrage towards the war crimes disclosed by the Nuremberg Trials, a series of conferences
were held in 1949 reaffirming, expanding and updating the prior three Geneva Conventions
and adding a new elaborate Geneva Convention relative to the Protection of Civilian Persons
in Time of War.
Despite the length of these documents, they were found over time to be incomplete.
In fact, the very nature of armed conflicts had changed with the beginning of the Cold
War era, leading many to believe that the 1949 Geneva Conventions were addressing a
largely extinct reality: on the one hand, most armed conflicts had become internal,
or civil wars, while on the other, most wars had become increasingly asymmetric.
Moreover, modern armed conflicts were inflicting an increasingly higher toll on civilians,
which brought the need to provide civilian persons and objects with tangible protections
in time of combat, thus bringing a much needed update to the Hague Conventions of 1899 and
1907.
In light of these developments, two Protocols were adopted in 1977 that extended the terms
of the 1949 Conventions with additional protections.
In 2005, a third brief Protocol was added establishing an additional protective sign
for medical services, the Red Crystal, as an alternative to the ubiquitous Red Cross
and Red Crescent emblems, for those countries that find them objectionable.
Contents
The Geneva Conventions are rules that apply in times of armed conflict and seek to protect
people who are not or are no longer taking part in hostilities, these include the sick
and wounded of armed forces on the field, wounded, sick, and shipwrecked members of
armed forces at sea, prisoners of war, and civilians.
The first convention dealt with the treatment of wounded and sick armed forces in the field.
The second convention dealt with the sick, wounded, and shipwrecked members of armed
forces at sea.
The third convention dealt with the treatment of prisoners of war during times of conflict;
the conflict in Vietnam greatly contributed to this revision of the Geneva Convention.
The fourth convention dealt with the treatment of civilians and their protection during wartime.
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, expanded, and replaced, and the fourth one
was added, in 1949.
The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field was adopted in 1864.
It was significantly revised and replaced by the 1906 version, the 1929 version, and
later the First Geneva Convention of 1949.
The Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea was adopted in 1906.
It was significantly revised and replaced by the Second Geneva Convention of 1949.
The Geneva Convention relative to the Treatment of Prisoners of War was adopted in 1929.
It was significantly revised and replaced by the Third Geneva Convention of 1949.
The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of
War was adopted in 1949.
With three Geneva Conventions revised and adopted, and the fourth added, in 1949 the
whole set is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Conventions".
The treaties of 1949 were ratified, in whole or with reservations, by 196 countries.
Protocols The 1949 conventions have been modified with
three amendment protocols: Protocol I relating to the Protection of Victims
of International Armed Conflicts Protocol II relating to the Protection of
Victims of Non-International Armed Conflicts Protocol III relating to the Adoption of an
Additional Distinctive Emblem.
Application 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 topic of applicability has generated some controversy.
When the Geneva Conventions apply, governments have surrendered some of their national sovereignty
by signing these treaties.
Common Article 2 relating to International Armed Conflicts
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, such as a police action.
The Conventions apply to a signatory nation even if the opposing nation is not a signatory,
but only if the opposing nation "accepts and applies the provisions" of the Conventions.
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 relating to Non-International Armed Conflict
This article states that the certain minimum rules of war 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 other Geneva Conventions are not applicable in this situation but only the provisions
contained within Article 3, and additionally within the language of Protocol II.
The rationale for the limitation is to avoid conflict with the rights of Sovereign States
that were not part of the treaties.
When the provisions of this article apply, it states that:
Persons taking no active part in the hostilities, including members of armed forces who have
laid down their arms and those placed hors de combat by sickness, wounds, detention,
or any other cause, shall in all circumstances be treated humanely, without any adverse distinction
founded on race, colour, religion or faith, sex, birth or wealth, or any other similar
criteria.
To this end, the following acts are and shall remain prohibited at any time and in any place
whatsoever with respect to the above-mentioned persons:
violence to life and person, in particular murder of all kinds, mutilation, cruel treatment
and torture; taking of hostages;
outrages upon dignity, in particular humiliating and degrading treatment; and
the passing of sentences and the carrying out of executions without previous judgment
pronounced by a regularly constituted court, affording all the judicial guarantees which
are recognized as indispensable by civilized peoples.
The wounded and sick shall be collected and cared for.
Enforcement Enforcement authority of the United Nations
Security Council The final international tribunal for all issues
related to the Geneva Conventions and other treaties is the United Nations Security Council.
As a charter, the UN Charter is a constituent treaty, and all members are bound by its articles.
The UN Charter's Article 25 and others require that obligations to the United Nations prevail
over all other treaty obligations.
The UNSC rarely invokes its authority regarding the Geneva Conventions and so most issues
are resolved by regional treaties or by national law.
Protecting powers The term protecting power has a specific meaning
under these Conventions.
A protecting power is a state that is not taking part in the armed conflict, but that
has agreed to look after the interests of a state that is a party to the conflict.
The protecting power is a mediator enabling the flow of communication between the parties
to the conflict.
The protecting power also monitors implementation of these Conventions, such as by visiting
the zone of conflict and prisoners of war.
The protecting power must act as an advocate for prisoners, the wounded, and civilians.
Grave breaches
Not all violations of the treaty are treated equally.
The most serious crimes are termed grave breaches, and provide a legal definition of a war crime.
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 inhumane treatment, including biological experiments
willfully causing great suffering or serious injury to body or health
compelling a protected person to serve in the armed forces of a hostile power
willfully depriving a protected person of the right to a fair trial if accused of a
war crime.
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
unlawful deportation, transfer, or confinement.
Nations who are party to these treaties must enact and enforce legislation penalizing any
of these crimes.
Nations are also obligated to search for persons alleged to commit these crimes, or persons
having ordered them to be committed, and to bring them to trial regardless of their nationality
and regardless of the place where the crimes took place.
The principle of universal jurisdiction also applies to the enforcement of grave breaches
when the UN Security Council asserts its authority and jurisdiction from the UN Charter to apply
universal jurisdiction.
The UNSC did this via the International Criminal Court when they established the International
Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia
to investigate and/or prosecute alleged violations.
Legacy Although warfare has changed dramatically
since the Geneva Conventions of 1949, they are still considered the cornerstone of contemporary
international humanitarian law.
They protect combatants who find themselves hors de combat, and they protect civilians
caught up in the zone of war.
These treaties came into play for all recent international armed conflicts, including the
War in Afghanistan, the 2003 invasion of Iraq, the invasion of Chechnya, and the 2008 War
in Georgia.
The Geneva Conventions also protect those affected by non-international armed conflicts
such as the Syrian Civil War.
The lines between combatants and civilians have blurred when the actors are not exclusively
High Contracting Parties.
Since the fall of the Soviet Union, an HCP often is faced with a non-state actors, as
argued by General Wesley Clark in 2007.
Examples of such conflict include the Sri Lankan Civil War, the Sudanese Civil War,
and the Colombian Armed Conflict, as well most military engagements of the US since
2000.
Some scholars hold that Common Article 3 deals with these situations, supplemented by Protocol
II.
These set out minimum legal standards that must be followed for internal conflicts.
International tribunals, particularly the International Criminal Tribunal for the former
Yugoslavia, have clarified international law in this area.
In the 1999 Prosecutor v. Dusko Tadic judgement, the ICTFY ruled that grave breaches apply
not only to international conflicts, but also to internal armed conflict.
Further, those provisions are considered customary international law, allowing war crimes prosecution
by the United Nations and its International Court of Justice over groups that have signed
and have not signed the Geneva Conventions.
Controversy has arisen over the US designation of irregular opponents as "unlawful enemy
combatants" especially in the SCOTUS judgments over the Guantanamo Bay brig facility Hamdi
v. Rumsfeld, Hamdan v. Rumsfeld and Rasul v. Bush, and later Boumediene v. Bush.
President Bush 43, aided by Attorneys-General John Ashcroft and Alberto Gonzalez and General
Keith B. Alexander, claimed the power, as Commander in Chief of the Armed Forces, to
determine that any person, including an American citizen, who is suspected of being a member,
agent, or associate of Al Qaeda, the Taliban, or possibly any other terrorist organization,
is an “enemy combatant” who can be detained in U.S. military custody until hostilities
end, pursuant to the international law of war.
The application of the Geneva Conventions to the 2014 conflict in the Ukraine and Crimea
is a troublesome problem because some of the personnel who engaged in combat against the
Ukrainians were not identified by insignia, although they did wear military-style fatigues.
American pilots in Operation Southern Watch were documented to bear no insignia, so as
to gain some illusory intelligence advantage.
The types of comportment qualified as acts of perfidy under jus in bello doctrine are
listed in Articles 37 through 39 of the Geneva Convention; the prohibition of fake insignia
is listed at Article 39.2, but the law is silent on the complete absence of insignia.
The status of POW captured in this circumstance remains a question.
See also Attacks on humanitarian workers
Civilian Convention on Certain Conventional Weapons
Declaration on the Protection of Women and Children in Emergency and Armed Conflict
Geneva Conference German Prisoners of War in the United States
Human rights Ian Fishback
International Committee of the Red Cross International Federation of Red Cross and
Red Crescent Societies International humanitarian law
Laws of war Nuremberg Principles
Reprisals Rule of Law in Armed Conflicts Project
Targeted killing References
External links Texts and commentaries of 1949 Conventions
& Additional Protocols The Geneva Conventions: the core of international
humanitarian law, ICRC