The 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 agreement of 1949,
negotiated in the aftermath of Second World War, 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 the 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 Hague Conventions (1899 and 1907) and the Geneva Protocol.

1
Historicity Behind:
In 1862, Henry Dunant published his book, Memoir of Solferino, meaning ‘on the
horrors of war. His war time experiences inspired Dunant to propose;

1) A permanent relief agency for humanitarian aid in times of war.

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 and the latter led to
the First Geneva Convention. For both these accomplishments, Henri Dunant
became co-recipient of the first Noble Prize in 1901.

The ten articles of this 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 published in 1929 to deal with the
protection of prisoners of war. The Fourth Treaty was inspired by the war
criminals of the Nuremburg Trials and first adopted in 199. It reaffirmed the prior
three treaties and added many new terms, including the protection of civilians
during war times. Despite the length of these documents, they were found over
time to be incomplete. In 1977, two protocols were adopted that extended the terms
of the 1949 treaty with additional protections. In 2005, a third brief protocol was
added establishing an additional protective sign for medical services, as an
alternative to the ubiquitous Red Cross and Red Crescent emblems, for those
countries that find them objectionable.

The Conventions and their Agreements:

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,
example;

a) Wounded or sick fighters

b) Prisoners of war
c) Civilians

2
 d) Medical and religious personnel

The Conventions:
In Diplomacy, the term convention loses 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.

1) First Geneva Convention for the Amelioration of the condition of the

wounded and sick in armed forces in the field, 1864.
2) Second Geneva Convention for the Amelioration of the condition of
wounded, sick and shipwrecked members of armed forces at sea, 1906.
3) The Third Geneva Convention relative to the treatment of Prisoners of War,
1929.
4) The Fourth Geneva Convention relative to the protection of Civilian Persons
in time of War, 1949.

The above whole set is referred to as “Geneva Conventions of 1949” or simply

“The Geneva Conventions”.

The Protocols:
The 1949 Geneva Conventions have been modified with three amendment
protocols.

1) Protocol-1: (1977), relating to the protection of victims of international

armed conflicts.
2) Protocol-2: (1977), relating to the protection of victims of non-international
armed conflicts.
3) Protocol-3: (2005), relating to the adaptation of an additional Distinctive
Emblem (For Medical Services).

Applications:
The Geneva Conventions apply at times of war and armed conflict to government
who have ratified its terms. The details of applicability are spelled out in Articles 2
3
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 state that the Geneva Conventions apply to all cases of International
conflict, where at least one of the warring Nations have ratified the conventions.
Primarily:

a. The conventions apply to all cases of “declared war” between signatory

nations. This is the original sense of applicability, which predates the 1949
version.
b. 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.
c. 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 of fundamental human rights.
Ratifying the treaty binds the Nation to uphold these rights 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 protection of the
conventions is considered to apply.

The Common Article-3

4
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:

1) 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).
2) The wounded and sick shall be collected and cared for.

Enforcement: (Protecting Power)

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 Birches:

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
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:

5
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. 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 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. Toward this end, the International Criminal Tribunal for Rwanda and the
International Criminal Tribunal for the former Yugoslavia were established by the
United Nations to prosecute alleged violations.

The Geneva Conventions in the Present Age:

Some critics have suggested that the Conventions, only applicable to international
armed conflicts (with the exception of Article 3 common to all four Conventions,
which also covers non-international armed conflicts), are no longer suited for the
kind of contemporary wars that pit regular armies against armed groups, and in an
era when most wars are fought within States, not between them. Supporters of the
Conventions, including the International Committee of the Red Cross, maintain
that the rules are indeed still relevant and that the Conventions, together with their
Additional Protocols, continue to provide the best available framework for
protecting civilians and people who are no longer fighting. Since 1949, the
Conventions have been supplemented by the Additional Protocols and by
important developments in customary international humanitarian law, which
further strengthened the protection of civilians, especially in non-international
armed conflicts, thus adapting to new realities.