The Geneva Conventions and their Additional Protocols is a body of Public International Law, designed for the treatment of civilians, prisoners of war, and soldiers incapable of fighting. There are four Geneva Conventions and three Additional Protocols; and these are a major part of international humanitarian law adopted by all nations in the world.
The First Geneva Convention was in 1864, and was adopted to protect wounded and infirm soldiers and medical personnel who are not in active hostility against a Party. The first attempt to expand this treaty being unsuccessful led to a clarification of these ru;es, and extended them to maritime warfare.
The Second Geneva Convention improved and supplemented the 1864 convention by extending its protections to victims of maritime warfare, including shipwrecked soldiers and other naval forces, as well as special protections to hospital ships.
The 1929 conference yielded two conventions. One, for the protection of wounded and sick armies in the field, was the third version to replace the original 1864 convention, and the other was adopted after the experiences of WWI showed the deficiencies in the protection of prisoners of war. The Third Geneva Convention required that ‘belligerents treat prisoners of war humanely, furnish information about them, and permit official visits to prison camps by representatives of neutral states.’ It replaced the 1929 Geneva Convention that dealt with prisoners of war.
In addition to these three conventions, a Fourth Geneva Convention was added with protection of civilians. It gave civilians the same protections from inhumane treatment and attack afforded to sick and wounded soldiers in the first Convention. This was added after WWII due to the horrific acts on and off the battlefield performed by the Germans.
With two Geneva Conventions revised and adopted, and the second and fourth added in 1949, the whole set is referred to as ‘Geneva Conventions of 1949’ or just the ‘Geneva Conventions. The 1949 conventions have been further modified with three amendment protocols.
Protocol I increased protections for civilians, military workers, and journalists during international armed conflicts and blended the use of “weapons that cause superfluous injury or unnecessary suffering,” or cause “widespread, long-term and severe damage to teh natural environment.”
Protocol II stated that all people not taking up arms be treated humanely and there should never be an order by anyone in command for “no survivors.” It was also added that children should be well cared and educated for, prohibiting taking hostages, terrorism, pillage, slavery, group punishment, and humiliating or degrading treatment.
Protocol III was created to recognize the symbol of the red crystal, an additional emblem of humanitarian protection, in addition to the Red Cross, Red Crescent and Red shield of David as universal; emblems of identification and protection in armed conflicts.
Grave breaches are the most serious crimes. Grave breaches of Geneva Conventions III and IV include:
- 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
- Taking hostages
- Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly
- Unlawful deportation, transfer, or confinement
The idea for the Geneva Conventions was first brought up by a Genevan business man, Henry Dunant. After witnessing the aftermath of the Battle of Solferino, a gory battle in the Second War of Italian Independence, Dunant wrote a first-hand account of what he had seen; called A Memory of Solferino. Along with his observations, he had proposed a solution: ‘All nations come together to create trained, volunteer relief groups to treat battlefield wounded and offer humanitarian assistance to those affected by war.’ (As noted by HISTORY.com)
The Geneva Conventions only apply in times of armed conflict, and are primarily designed to protect people who are not or are no longer taking part on hostilities. However, these apply to government who have ratified its terms. Every country has ratified all four Geneva conventions, but the protocols ratified varies. Countries who have ratified all four Geneva Conventions and three protocols include the majority of European and South American countries, the majority of Oceania, a few African Countries, as well as the Philippines and Kazakhstan. The United States has only ratified Protocol III in addition to Geneva Conventions I-IV.
Despite warfare changing dramatically over the years, the Geneva Conventions are still considered the “cornerstone of contemporary international humanitarian law.” These treaties have come into play in recent international; armed conflicts including the War in Afghanistan, 2003 invasion of Iraq, invasion of Chechnya, and even the non-international armed conflict of the Syrian civil war. The world would have been a much different, possibly less humane place, if these Conventions had not been adopted.
References:
(n.d.). American Red Cross | Help Those Affected by Disasters. https://www.redcross.org/content/dam/redcross/atg/PDF_s/International_Services/International_Humanitarian_Law/IHL_SummaryGenevaConv.pdf
Geneva conventions and their additional protocols. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/geneva_conventions_and_their_additional_protocols
Geneva conventions. (n.d.). Encyclopedia Britannica. https://www.britannica.com/event/Geneva-Conventions
History.com Editors. (2017, November 17). Geneva Convention. HISTORY. https://www.history.com/topics/world-war-ii/geneva-convention
International committee of the Red Cross. (2018, July 16). International Committee of the Red Cross. https://www.icrc.org/en/document/geneva-conventions-1949-additional-protocols
Protocol additional to the Geneva conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (Protocol 1). (n.d.). OHCHR. https://www.ohchr.org/en/instruments-mechanisms/instruments/protocol-additional-geneva-conventions-12-august-1949-and
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