Anda di halaman 1dari 7

Activity Sheet 19

A Summary of the
Geneva Conventions
and Additional Protocols
Name_______________________________________________

Protecting the Victims of War Committee of the Red Cross) formed in Geneva in
1863 to act on Dunant’s suggestions. Several months
International humanitarian law (IHL) is the branch of later, diplomats from 16 nations, assisted by
international law that encompasses both humanitarian representatives of military medical services and
principles and international treaties that seek to save humanitarian societies, negotiated a convention (treaty)
lives and alleviate suffering of both combatants and containing 10 articles specifying that—
noncombatants during armed conflicts.
• Ambulances, military hospitals, and the personnel
IHL’s principal legal documents are the Geneva serving with them are to be recognized as neutral
Conventions of 1949 — four international treaties and protected during conflict.
signed by almost every nation in the world. These
Conventions provide specific rules to safeguard • Citizens who assist the wounded are to
combatants (members of the armed forces) who are be protected.
wounded, sick, or shipwrecked; prisoners of war; and
civilians; as well as medical personnel, military • Wounded or sick combatants are to be collected
chaplains, and civilian support workers of the military. and cared for by either side in a conflict.
The 1977 Additional Protocols, which supplement the • The symbol of a red cross on a white background
Geneva Conventions, further expand these (the reverse of the Swiss flag in honor of the origin
humanitarian rules. of this initiative) will serve as a protective emblem
International humanitarian law is founded on the to identify medical personnel, equipment, and
principles of humanity, impartiality, and neutrality. Its facilities.
roots extend to such historic concepts of justice as Known as the Geneva Convention, this agreement
Babylon’s Hammurabic Code, the Code of Justinian became the foundation of modern international
from the Byzantine Empire, and the Lieber Code used humanitarian law, which now encompasses four
during the United States Civil War. conventions and two additional protocols. Collectively,
The development of modern international humanitarian they represent the world community’s modern efforts to
law can be credited to the efforts of a 19th Century protect people in times of armed conflict.
Swiss businessman, Henry Dunant. In 1859, he The Geneva Conventions of 1949 and Their
witnessed the aftermath of a bloody battle among Additional Protocols of 1977
French and Austrian armies in Solferino, Italy. The
departing armies left a battlefield littered with In 1949, an international conference of diplomats built
wounded and dying men. Despite Dunant’s valiant on the earlier treaties for the protection of war victims,
efforts to mobilize aid for the soldiers, thousands died. revising and updating them into four new conventions
comprising 429 articles of law. These treaties, known
In A Memory of Solferino, his book about the as the Geneva Conventions of August 12, 1949, have
experience, Dunant proposed that volunteer relief been signed by almost every nation in the world. The
groups be granted protection during war in order to Additional Protocols of 1977 supplement the Geneva
care for the wounded. A group known as the Conventions.
Committee of Five (later to become the International

FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War


© 2001 by The American National Red Cross/Duplication allowed for classroom use only.
Activity Sheet 19

A Summary of the
Geneva Conventions
and Additional Protocols
page 2

The Geneva Conventions apply in all cases of Specific Provisions:


declared war, or in any other armed conflict between
nations. They also apply in cases where a nation is This Convention specifies that the wounded and
partially or totally occupied by soldiers of another sick shall—
nation, even when there is no armed resistance to that Art. 12 •Be respected and protected without
occupation. discrimination on the basis of sex,
Nations that ratify the Geneva Conventions must abide race, nationality, religion, political
by certain humanitarian principles and impose legal beliefs, or other criteria.
sanctions against those who violate them. Ratifying Art. 12 •Not be murdered, exterminated,
nations must “enact any legislation necessary to or subjected to torture or biological
provide effective penal sanctions for persons experiments.
committing or ordering to be committed any of the
grave breaches (violations)” of the Conventions. Art. 15 •Receive adequate care.

Following is a basic overview of the Conventions Art. 15 •Be protected against pillage and
and Protocols and a quick reference to the legal text ill- treatment.
of the treaties. For a comprehensive listing of all legal Arts. 15-16 All parties in a conflict must search
provisions, refer to the actual treaty documents The for and collect the wounded and sick,
Geneva Conventions of August 12, 1949 and especially after battle, and provide
Protocols additional to the Geneva Conventions the information to the Central Tracing
of 12 August 1949. Agency of the International Committee
The First Geneva Convention of the Red Cross (ICRC).
(The Geneva Convention for the Amelioration of the Art. 9 This Convention, like the others,
Condition of the Wounded and Sick in Armed Forces recognizes the right of the ICRC to
in the Field of August 12, 1949) assist the wounded and sick. Red Cross
The First Geneva Convention protects soldiers who are and Red Crescent national societies,
hors de combat (out of the battle). The 10 articles of other authorized impartial relief
the original 1864 version of the Convention have been organizations, and neutral governments
expanded in the First Geneva Convention of 1949 to may also provide humanitarian service.
64 articles that protect— Local civilians may be asked to care for
• Wounded and sick soldiers. the wounded and sick.

• Medical personnel, facilities, and equipment. The Second Geneva Convention


(The Geneva Convention for the Amelioration of the
• Wounded and sick civilian support personnel Condition of Wounded, Sick and Shipwrecked
accompanying the armed forces. Members of Armed Forces at Sea of August 12, 1949)
• Military chaplains. The Second Geneva Convention adapts the protections
• Civilians who spontaneously take up arms to repel of the First Geneva Convention to reflect conditions at
an invasion. sea. It protects wounded and sick combatants while on
board ship or at sea. Its 63 articles apply to—

FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War


© 2001 by The American National Red Cross/Duplication allowed for classroom use only.
Activity Sheet 19

A Summary of the
Geneva Conventions
and Additional Protocols
page 3

• Armed forces members who are wounded, sick, The Third Geneva Convention
or shipwrecked.
(The Geneva Convention Relative to the Treatment of
• Hospital ships and medical personnel. Prisoners of War of August 12, 1949)
• Civilians who accompany the armed forces. The Third Geneva Convention sets out specific rules for
the treatment of prisoners of war (POWs). The
Specific Provisions: Convention’s 143 articles require that POWs be
This Convention mandates that parties treated humanely, adequately housed, and receive
in battle take all possible measures to sufficient food, clothing, and medical care. Its
search for, collect, and care for the provisions also establish guidelines on labor, discipline,
wounded, sick, and shipwrecked. recreation, and criminal trial. Prisoners of war may
Arts. 12, 18
“Shipwrecked” refers to anyone who is include—
adrift for any reason, including those • Members of the armed forces.
forced to land at sea or to parachute
from aircraft. • Volunteer militia, including resistance movements.
Appeals can be made to neutral • Civilians accompanying the armed forces.
vessels, including merchant ships and
yachts, to help collect and care for the Specific Provisions:
Art. 21
wounded, sick, and shipwrecked. Arts. 70-72, 123 Names of prisoners of war must be
Those who agree to help cannot be sent immediately to the Central
captured as long as they remain Tracing Agency of the ICRC. POWs
neutral. are to be allowed to correspond
Religious, medical, and hospital with their families and receive relief
Arts. 13-14, 16
personnel serving on combat ships must packages.

Arts. 36-37 be respected and protected. If Prisoners of war must not be


captured, they are to be sent back to subjected to torture or medical
their side as soon as possible. experimentation and must be
Hospital ships cannot be used for any protected against acts of violence,
military purpose. They cannot be Arts. 25-27, 30 insults, and public curiosity. Captors
attacked or captured. The names and must not engage in any reprisals or
Art. 22
descriptions of hospital ships must be discriminate on the basis of race,
conveyed to all parties in the conflict. nationality, religious beliefs,
political opinions, or other criteria.
While a warship cannot capture a Art. 23 Female POWs must be treated with
hospital ship’s medical staff, it can hold regard due their sex.
Art. 14 the wounded, sick, and shipwrecked as
prisoners of war, providing they can be Art. 17 POWs are required to provide to
safely moved and that the warship has their captors only their name, rank,
the facilities to care for them. date of birth, and military service
number.

FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War


© 2001 by The American National Red Cross/Duplication allowed for classroom use only.
Activity Sheet 19

A Summary of the
Geneva Conventions
and Additional Protocols
page 4

Arts. 50, 54 POWs must be housed in clean,


adequate shelter, and receive the
Common Article 3:
food, clothing, and medical care
necessary to maintain good health.
Non-International Armed Conflicts
They must not be held in combat
areas where they are exposed to All four Geneva Conventions contain
fire, nor can they be used to an identical Article 3 extending general
“shield” areas from military coverage to non-international conflicts. Under
operations. They may be required this article, those who have put down their
to do non-military jobs under arms or are out of the conflict due to injury
reasonable working conditions or sickness must be treated humanely, with-
when paid at a fair rate. out any adverse discrimination based on
Prisoners are subject to the laws of race, color, religion, sex, social status, or
Arts. 82, 84
their captors and can be tried by wealth, or any other such criteria. Article 3
their captors’ courts. The captor specifically prohibits—
shall ensure fairness, impartiality,
and a competent advocate for the “Violence to life and person, in par-
prisoner.

ticular murder of all kinds, mutilation,
Seriously ill POWs must be repatri- cruel treatment and torture;
Arts. 109, 110
ated (returned home).
• Taking of hostages;
When the conflict ends, all POWs
• Outrages upon personal dignity, in
Art. 118 shall be released and, if they
request, be sent home without particular, humiliating and degrading
delay. treatment;

The ICRC is granted special rights • The passing of sentences and the
Art. 125 to carry out humanitarian activities carrying out of executions without
on behalf of prisoners of war. The previous judgment pronounced by a
ICRC or other impartial regularly constituted court, affording
humanitarian relief organizations all the judicial guarantees which are
authorized by parties to the conflict recognized as indispensable by
must be permitted to visit with civilized peoples.”
prisoners privately, examine
conditions of confinement to ensure
the Conventions’ standards are The wounded and sick are also to be
being met, and distribute relief collected and cared for. The ICRC or
supplies. other impartial humanitarian body may
offer its services.

FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War


© 2001 by The American National Red Cross/Duplication allowed for classroom use only.
Activity Sheet 19

A Summary of the
Geneva Conventions
and Additional Protocols
page 5

The Fourth Geneva Convention Art. 18 mothers, and mothers of children under
(The Geneva Convention Relative to the Protection of seven. Civilian hospitals and their staff
Civilian Persons in Time of War of August 12, 1949) are to be protected. Medical supplies
Arts. 55, 58 and objects used for religious worship
Civilians in areas of armed conflict and occupied are to be allowed passage.
territories are protected by the 159 articles of the
Fourth Geneva Convention. Art. 40 Civilians cannot be forced to do
military-related work for an occupying
Specific Provisions: force. They are to be paid fairly for
Art. 54
Arts. 79-135 If security allows, civilians must be any assigned work. Public officials will
Art. 64
permitted to lead normal lives. They are be permitted to continue their duties.
not to be deported or interned — Laws of the occupied territory will
except for imperative reasons of remain in force unless they present a
security. If internment is necessary, security threat.
Arts. 33-34
conditions should be at least
comparable to those set forth for Art. 55 Occupying powers are to provide food
prisoners of war. Pillage, reprisals, and medical supplies as necessary to
indiscriminate destruction of property, the population and maintain medical
and the taking of hostages are Art. 59 and public health facilities. When that
prohibited. is not possible, they are to facilitate
relief shipments by impartial
The safety, honor, family rights, humanitarian organizations such as the
Art. 27
religious practices, manners, and ICRC. Red Cross or other impartial
customs of civilians are to be respected. humanitarian relief organizations
Civilians are to be protected from authorized by the parties to the conflict
murder, torture, or brutality, and from are to be allowed to continue their
Arts. 32, 13
discrimination on the basis of race, activities.
nationality, religion, or political Internees are to receive adequate food,
Arts. 33, 49 Arts. 89-91
opinion. They are not to be subjected clothing, and medical care, and be
to collective punishment or deportation. protected from the dangers of war.
Arts. 24, 25 This Convention provides for the care Information about internees is to be
Art. 106
of children who are orphaned or sent to the Central Tracing Agency.
Arts. 108, 107 Internees have the right to send and
separated from their families. The
ICRC’s Central Tracing Agency is also receive mail and receive relief
authorized to transmit family news and shipments. Children, pregnant women,
assist with family reunifications, with the Art. 132 mothers with infants and young
help of Red Cross and Red Crescent children, the wounded and sick, and
national societies. those who have been interned for a
long time are to be released as soon
Hospital and safety zones may be as possible.
Art. 14 established for the wounded, sick, and
aged, children under 15, expectant

FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War


© 2001 by The American National Red Cross/Duplication allowed for classroom use only.
Activity Sheet 19

A Summary of the
Geneva Conventions
and Additional Protocols
page 6

The 1977 Protocols Additional to the Geneva Arts. 43-44 Protocol I seeks to clarify the military
Conventions of 1949 status of members of guerrilla forces in
the following manner. It includes
In 1977, two Protocols supplementary to the Geneva provisions granting combatant and
Conventions were adopted by an international prisoner of war status to members of
diplomatic conference to give greater protection to dissident forces when under the
victims of both international and internal armed command of a central authority. Such
conflicts. combatants cannot conceal their
Over 100 nations have ratified one or both Protocols, allegiance; they must be recognizable
and they are under consideration by many others. Any as combatants while preparing for or
nation that has ratified the Geneva Conventions but not during an attack.
the Protocols is still bound by all provisions of the Use of weapons that “cause
Conventions. Art. 35
superfluous injury or unnecessary
Protocol I (102 Articles) suffering,” as well as means of warfare
that “cause widespread, long-term, and
(Protocol additional to the Geneva severe damage to the natural
Conventions of 12 August 1949, and environment,” are prohibited.
Relating to the Protection of Victims of
International Armed Conflicts) Art. 85 It is a war crime to use one of the
protective emblems recognized by the
Protocol I expands protection for the civilian population Geneva Conventions to deceive the
as well as military and civilian medical workers in opposing forces or to use other forms
international armed conflicts. of treachery.
Arts. 17, 81 The ICRC, national societies, or other
Specific Provisions: impartial humanitarian organizations
authorized by parties to the conflict
Arts. 51, 54 It outlaws indiscriminate attacks on must be permitted to provide
civilian populations and destruction of assistance.
food, water, and other materials
needed for survival. Protocol II (28 Articles)
Arts. 56, 53 Dams, dikes, and nuclear generating (Protocol additional to the Geneva
stations may not be attacked, nor can Conventions of 12 August 1949, and
cultural objects and places of worship. Relating to the Protection of Victims of
Non-International Armed Conflicts)
Arts. 76-77
Special protections are provided for
women, children, and civilian medical Protocol II elaborates on protections for victims caught
personnel, and measures of protection up in high-intensity internal conflicts such as civil wars.
Arts. 15, 79
for journalists are specified. It does not apply to such internal disturbances as riots,
demonstrations, and isolated acts of violence. Protocol
Art. 77 Recruitment of children under age 15 II expands and complements the non-international
into the armed forces is forbidden. protections contained in Article 3 common to all four
Geneva Conventions of 1949.

FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War


© 2001 by The American National Red Cross/Duplication allowed for classroom use only.
Activity Sheet 19

A Summary of the
Geneva Conventions
and Additional Protocols
page 7

Specific Provisions: Protective Emblems


Art. 4 It stipulates that persons who do not Under International Humanitarian Law
take a direct part or who have ceased
to take part in hostilities, are entitled Those drafting the Geneva Convention of 1864
to respect. In all circumstances they foresaw the need for a universal symbol of protection
are to be treated humanely. Protocol II easily recognizable on the battlefield. In honor of the
specifically prohibits violence to the life, origin of this initiative, the symbol of a red cross on a
health, and physical or mental well- white background (the reverse of the Swiss flag) was
being of people. In particular, it identified as a protective emblem in conflict areas. The
prohibits acts of murder and cruel red crescent and red lion and sun emblems were later
treatment, terrorism, hostage-taking, recognized by nations at a diplomatic conference in
slavery, outrages on personal dignity, 1929 as additional emblems of humanitarian relief.
collective punishment, and pillage. Of these additional emblems, only the red crescent is
These protections are considered currently in use. Although not in the Geneva
fundamental guarantees for all persons. Conventions, the red shield of David, used by Israel,
is also a respected emblem.
Children are to be evacuated to safe
areas when possible, and reunited with These emblems are used to identify and protect medical
Art. 4 their families. and relief workers, military and civilian medical facilities,
mobile units, and hospital ships. They are also used to
Persons interned or detained during identify the programs and activities of Red Cross and
Art. 5 internal conflicts are assured of the Red Crescent national societies, and those of the Magen
same humane treatment as specified by David Adom (Red Shield of David) humanitarian society
the Geneva Conventions. in Israel.
It strengthens protection of the Widespread understanding and acceptance of these
Arts. 7, 9 wounded, sick, and shipwrecked humanitarian emblems is crucial to save lives and
as well as medical and religious alleviate suffering.
Arts. 10-11 personnel.
Attacks are forbidden on civilians and
on “objects indispensable to civilian
Arts. 13-14 survival” such as crops, irrigation
systems or drinking water sources,
Art. 16 cultural objects, and places of worship.
Impartial humanitarian relief
Art. 18 organizations—such as the ICRC—
are to be permitted to continue their
humanitarian services.

FACING FEAR/6–8/Lesson Plan 8/Facts About Terrorism and War


© 2001 by The American National Red Cross/Duplication allowed for classroom use only.

Anda mungkin juga menyukai