Geneva Conventions. Geneva Convention What does the Geneva Convention consist of?
The Geneva Convention is a set of legal norms binding on all states, aimed at legislating major wars and local military conflicts (both international and domestic). This also significantly limits the methods and range of means of waging war, based on the positions of humanism and philanthropy. The Geneva Convention greatly changed the brutal face of war, making it more civilized and humane.
The history of human civilization, by and large, can be studied from the history of a colossal number of wars of varying degrees of cruelty and bloodshed. It is almost impossible to find at least one century that went by without armed confrontation between powers and peoples. By the second half of the nineteenth century, when wars began to acquire unprecedented scope, mass scale and cruelty, when science, in symbiosis with technological progress, was already able to provide the military with barbaric weapons of mass destruction, there was an urgent need for the creation of such an important legal document as the Geneva Convention. It streamlined relations between participants in subsequent armed confrontations and reduced the number of casualties among civilians.
The Geneva Convention of 1864, the first such document in history, had the outstanding significance that it was a multilateral permanent treaty open to the voluntary accession of all countries. This small document, consisting of only ten articles, marked the beginning of the entire war, as well as all humanitarian legal norms in their modern interpretation.
Just two years later, the first Geneva Convention passed, so to speak, a baptism of fire on the battlefields, which was one of the first treaties that adhered to its provisions. had well-equipped hospitals, and the Red Cross was constantly there where its help was needed. The situation in the opposing camp was different. Austria, which did not sign the convention, simply abandoned its wounded on the battlefield.
The purpose of subsequent editions of this, based on the experience of past wars, was to protect not only the rights of prisoners of war, but also people who were not direct participants in hostilities (civilians and religious persons, medical workers), as well as shipwrecked, sick, wounded, regardless of whether which of the warring parties they belong to. Individual facilities, such as hospitals, ambulances and various civilian institutions are also protected by the relevant articles of the Geneva Convention and cannot be attacked or become the scene of battles.
This normative international document also defines prohibited methods of warfare. In particular, the use of civilians for military purposes is prohibited, and the use of biological and anti-personnel mines is prohibited. The deep meaning of the Geneva Convention lies in attempts to ensure a reasonable balance between military-tactical necessity on the one hand and humanity on the other. With the change in the nature and scale of wars, there has become a need for a new edition of the Geneva Convention. For example, according to statistics from the past century, out of every hundred victims in wartime, eighty-five are civilians. First of all, this concerns the bloodiest war in history - World War II, when almost every state that participated in it violated not only the provisions of the Geneva Convention, but also all conceivable and inconceivable principles of universal morality.
The four Geneva Conventions of 1949 with two additional protocols from 1977 are voluminous, multi-page documents and have a universal character. They were signed by 188 countries. It should be noted that these versions of the conventions are binding on all states, even those that are not parties to them.
The Geneva Conventions are a series of international agreements signed in Geneva by the heads of leading European states. The conventions were held from 1864 to 1949. The Geneva Conventions, together with their amendments, form the basis of international humanitarian law.
On August 12, 1949, the protocols of the four Geneva Conventions were published. The first three of them are revised and amended treaties of the late 19th century. They addressed issues of treatment of wounded soldiers, sailors and prisoners of war. The fourth document dealt with the topic of the protection of civilians in wartime.
Criticism of conventions
After the terrorist attacks of September 11, 2001, the Geneva Conventions were criticized. It has been argued that this type of international agreement is outdated and poorly suited to the modern form of warfare.
Today, it is common for one side in an armed conflict to be an independent, unmarked, privately funded paramilitary force. The Geneva Conventions presuppose agreements between states, and the influence of states on such private armies, as a rule, does not extend.
However, despite this balance of power, the Geneva Conventions remain vital for global geopolitics. Why is this so? The main purpose of international law in general and the Geneva Conventions in particular is to stop aggression in the event of an armed conflict. The Geneva Conventions suggest that even such an uncontrollable situation as war must have its limits. These frameworks are spelled out and enshrined in international agreements.
Wars bring with them not only a great loss of population. Among other things, this also includes torture, ill-treatment, hostage-taking, kidnapping, physical, psychological and sexual violence. All these actions are actually prohibited by the Geneva Conventions and other treaties of international law.
Despite such prohibitions, the Geneva Conventions do not work well in the context of the global war on terrorism.
International humanitarian law only applies if a country is facing an armed conflict. What is called "global terrorism" may or may not take the form of armed conflict. Often terrorism takes other forms and requires other methods of struggle - actions by the police, investigative agencies, and so on.
Civilian participation in the conflict
Today we are faced with a situation where the civilian population is defenseless against the threat of terrorist attacks. Moreover, in modern military clashes, the boundary between civilians and the aggressor is often blurred. It can be difficult for international commissions to answer the question of whether a person is a civilian or a combatant.
For the commission, the answer to this question is: civilians are those who do not belong to any of the parties involved in the conflict. Neither to the armed forces of the state, nor to an organized military group.
Those individuals who are soldiers or fighters will be constantly subject to restrictive measures by international forces.
If a person does not have civilian status, he is not protected by international law.
It is important to remember here that not all forms of human participation in military conflict result in the loss of this protection. Only if his contribution to hostilities is directly related to the violation of international norms.
Let's say civilians provide food and shelter to armed elements. This is precisely the case where a civilian is involved in a conflict, but his actions do not violate international law and therefore cannot lead to a loss of protection.
On the other hand, if a person, armed, joins one of the warring parties, participates in military operations, kills people or inflicts wounds and mutilations on them, this is a direct violation of international law. Such a person loses his civilian status.
The Red Cross Committee also considered the issue of arms suppliers: can they be considered civilians or not?
Obviously, if a truck driver delivers weapons directly to the front line and has a direct connection with the militants, then he himself becomes a legitimate target of peacekeeping missions.
Gaps in the Geneva Conventions
However, if the transport of weapons, equipment, etc. takes place somewhere behind the lines, without direct contact with actual combat operations or often out of ignorance, then the driver does not lose his protection.
As you can see, the gaps in the Geneva Conventions are gradually being filled, which allows them not to lose relevance in the conditions of modern war. Today, international organizations are considering the possibility of detaining people for security reasons and new international norms regarding non-military armed conflicts, which are becoming more and more common in the world. When there is an international military conflict, then we have a situation provided for by the Geneva Conventions. In this case, all relevant rules of international law will apply to this conflict. If this is a non-military international conflict, then it goes beyond the scope of the Geneva Conventions. The International Committee of the Red Cross is now working to correct this situation.
Universal Declaration of Human Rights
Adopted and proclaimed by General Assembly resolution 217 A (III) of December 10, 1948
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world; and whereas, disregard and contempt for human rights have resulted in barbarous acts which outrage the conscience of mankind, and that the creation of a world in which men will have freedom of speech and belief and will be free from fear and want has been proclaimed as the highest aspiration of the people ; and whereas it is necessary that human rights should be protected by the rule of law in order to ensure that man is not forced to resort, as a last resort, to rebellion against tyranny and oppression; and whereas it is necessary to promote friendly relations between peoples; and whereas the peoples of the United Nations have reaffirmed in the Charter their belief in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, and have resolved to promote social progress and better conditions of life in greater freedom; and whereas Member States have committed themselves to promoting, in cooperation with the United Nations, universal respect for and observance of human rights and fundamental freedoms; and whereas universal understanding of the nature of these rights and freedoms is essential to the full fulfillment of this obligation, the General Assembly, proclaims this Universal Declaration of Human Rights as a goal to which all peoples and nations should strive, so that every person and every organ of society, keeping this Declaration constantly in mind, shall strive, by education and training, to promote respect for these rights and freedoms and to secure, by national and international progressive measures, their general and effective recognition and implementation both among the peoples of the Member States of the Organization and among the peoples of the territories under their jurisdiction.
Article 1
All people are born free and equal in dignity and rights. They are endowed with reason and conscience and must act towards each other in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, class or other status. Moreover, no distinction shall be made on the basis of the political, legal or international status of the country or territory to which a person belongs, whether that territory is independent, trust, non-self-governing or otherwise limited in its sovereignty.
Article 3
Every person has the right to life, liberty and security of person.
Article 4
No one should be held in slavery or servitude; Slavery and the slave trade are prohibited in all their forms.
Article 5
No one should be subjected to torture or cruel, inhuman or degrading treatment or punishment.
Article 6
Every person, no matter where he is, has the right to recognition of his legal personality.
Article 7
All people are equal before the law and are entitled, without any distinction, to equal protection of the law. All persons have the right to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8
Every person has the right to effective redress by the competent national courts in cases of violation of his fundamental rights granted to him by the constitution or law.
Article 9
No one may be subjected to arbitrary arrest, detention or expulsion.
Article 10
Every person has the right, in full equality, to have his case heard publicly and fairly by an independent and impartial tribunal, in order to determine his rights and obligations and to determine the validity of any criminal charge against him.
Article 11
1. Every person accused of committing a crime has the right to be considered innocent until his guilt is established legally through a public trial in which he is provided with all opportunities for defense.
2. No one can be convicted of a crime on account of the commission of any act or omission which, at the time of its commission, did not constitute a crime under national or international law. Nor can a punishment be imposed that is more severe than that which could have been applied at the time the crime was committed.
Article 12
No one may be subjected to arbitrary interference with his private and family life, to arbitrary attacks on the inviolability of his home, the privacy of his correspondence or his honor and reputation. Every person has the right to the protection of the law against such interference or attacks.
Article 13
1. Every person has the right to move freely and choose his place of residence within each state.
2. Every person has the right to leave any country, including his own, and to return to his own country.
Article 14
1. Every person has the right to seek refuge from persecution in other countries and to enjoy this refuge.
2. This right shall not be exercised in the event of a prosecution actually based on the commission of a non-political crime or an act contrary to the purposes and principles of the United Nations.
Article 15
1. Every person has the right to citizenship.
2. No one shall be arbitrarily deprived of his nationality or the right to change his nationality.
Article 16
1. Men and women who have reached the age of majority have the right, without any limitation due to race, nationality or religion, to marry and to found a family. They enjoy the same rights regarding marriage, during marriage and during its dissolution.
2. Marriage can only be concluded with the free and full consent of both parties entering into marriage.
3. The family is the natural and basic unit of society and has the right to protection by society and the state.
Article 17
1. Every person has the right to own property, either individually or jointly with others.
2. No one should be arbitrarily deprived of their property.
Article 18
Every person has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom to manifest his religion or belief, either alone or in community with others and in public or private, in teaching, worship and observance.
Article 19
Every person has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and freedom to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20
1. Every person has the right to freedom of peaceful assembly and association. 2. No one shall be forced to join any association.
Article 21
1. Every person has the right to take part in the government of his country, directly or through freely chosen representatives.
2. Every person has the right of equal access to public service in his or her country.
3. The will of the people must be the basis of the government's authority; this will must find expression in periodic and unfalsified elections, which must be held under universal and equal suffrage by secret ballot or by other equivalent forms ensuring freedom of voting.
Article 22
Every person, as a member of society, has the right to social security and to the enjoyment of the rights in the economic, social and cultural fields necessary for the maintenance of his dignity and the free development of his personality, through national efforts and international cooperation and in accordance with the structure and resources of each State .
Article 23
1. Every person has the right to work, to free choice of work, to just and favorable working conditions and to protection from unemployment.
2. Every person, without any discrimination, has the right to equal pay for equal work.
3. Every worker has the right to fair and satisfactory remuneration, ensuring a decent human existence for himself and his family, and supplemented, if necessary, by other means of social security.
4. Every person has the right to create trade unions and join trade unions to protect their interests.
Article 24
Every person has the right to rest and leisure, including the right to a reasonable limitation of the working day and to paid periodic leave.
Article 25
1. Every person has the right to such a standard of living, including food, clothing, housing, medical care and necessary social services, as is necessary for the health and well-being of himself and his family, and the right to security in the event of unemployment, illness, disability, widowhood, old age or other loss of livelihood due to circumstances beyond his control.
2. Maternity and infancy give the right to special care and assistance. All children, whether born in or out of wedlock, should enjoy the same social protection.
Article 26
1. Every person has the right to education. Education should be free at least for primary and general education. Primary education should be compulsory. Technical and vocational education should be made available to all, and higher education should be equally accessible to all on the basis of each individual's ability.
2. Education should be aimed at the full development of the human personality and at increasing respect for human rights and fundamental freedoms. Education should promote understanding, tolerance and friendship among all peoples, racial and religious groups, and should contribute to the peacekeeping activities of the United Nations.
3. Parents have the right of priority in choosing the type of education for their young children.
Article 27
1. Every person has the right to freely participate in the cultural life of society, to enjoy the arts, to participate in scientific progress and to enjoy its benefits. 2. Every person has the right to protection of his moral and material interests resulting from scientific, literary or artistic works of which he is the author.
Article 28
Everyone has the right to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29
1. Every person has responsibilities to society, in which only the free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, each person shall be subject only to such restrictions as are prescribed by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and satisfying the just requirements of morality, public order and the general welfare in a democratic society.
3. The exercise of these rights and freedoms must in no case be contrary to the purposes and principles of the United Nations.
Article 30
Nothing in this Declaration shall be construed as granting to any State, group or individual the right to engage in any activity or take any action tending to destroy the rights and freedoms set forth in this Declaration.
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Speaking about the protection of war victims, we mean that the parties to the conflict provide international legal protection for certain categories, that is, providing them with a status that would guarantee humane treatment of them and exclude violence, bullying, mockery of the individual, etc.
VICTIMS OF WAR - prisoners of war, the wounded and sick, members of the armed forces, shipwrecked at sea, as well as the civilian population, including in occupied territories.
Each of the above categories of war casualties is protected by one of the four relevant Geneva Conventions of 1949 and the Additional Protocols of 1977.
According to these international instruments, victims of war must in all circumstances be protected and treated humanely without any discrimination on grounds of race, colour, religion or creed, sex, birth or property or any other similar criteria.
Any attack on their life and physical integrity is prohibited, in particular murder, mutilation, cruel inhuman treatment, torture, torture, assault on human dignity, insulting and degrading treatment, conviction and application of punishment for uncommitted offenses, including collective punishment.
Children enjoy special protection and patronage.
Women are required to be treated with special respect.
Combatants are obliged to treat prisoners of war humanely. They are prohibited from killing, as well as subjecting them to physical mutilation, scientific and medical experiments. They are considered to be at the mercy of the enemy, who bears full responsibility for their fate. Therefore, combatants must protect prisoners of war from any acts of violence or intimidation, from insults, respect their personality and honor, treat female prisoners of war no worse than men, and not apply any physical torture or coercion to prisoners of war to obtain any information (a prisoner of war is obliged provide only your last name, first name, rank, date of birth and personal number).
The work of prisoners of war must be paid, but they cannot be involved in military work that is dangerous to health or of a humiliating nature.
Prisoners of war can settle in camps special for them. They must be provided with food, clothing and medical care.
Collective punishments are prohibited. Disciplinary and criminal punishment may be applied to prisoners of war individually, but only once for the same offense or crime.
The escape of a prisoner of war is not considered a criminal act; if it fails, it can only lead to disciplinary action. After the end of the war, states must release and return to their country of citizenship or permanent residence all prisoners of war through general repatriation on the basis of special agreements. However, partial repatriation can be carried out by agreement and before the end of the war.
Persons from the armed forces of the belligerents, in the event of their injury or illness, enjoy special protection.
The Geneva Conventions of 1949 and their Additional Protocols of 1977 oblige the warring parties to provide medical assistance and care for the wounded and sick of the enemy, and categorically prohibit killing them or leaving them without help. They must be sought out, selected and provided with the same conditions as their own wounded and sick.
The warring parties are obliged to report the names of the wounded, sick and dead, bury them, protect them from robbery, allow the local population (and at sea - military and merchant ships of neutral countries) to pick up the wounded and sick, care for them without fear of persecution, allow enemy hospital ships to leave captured ports.
Sanitary units (sanitary detachments, hospitals, trains, ships, airplanes) cannot be objects of military operations; they are inviolable. The distinctive emblem of the sanitary services is a white flag with a red cross and a red crescent. Hospital ships must be painted white with appropriate emblems. The combatants must bring to the attention of the Central Information Agency for Prisoners of War in Switzerland as soon as possible all information regarding the wounded, sick and prisoners of war in their possession and their deaths.
International law makes a distinction between combatants (those fighting) and non-combatants (those not fighting).
The personnel of the armed forces of a party to the conflict, as well as the personnel of the militia and volunteer units that are part of these armed forces and directly take part in military clashes, are automatically combatants and enjoy the rights determined by international treaties.
Members of other militias and volunteer units, including members of organized resistance movements belonging to a party to the conflict and operating in or outside their own territory, even if that territory is occupied, are combatants and enjoy rights under international treaties if they comply the following conditions:
· have a person at their head who is responsible for his subordinates,
· have a definite and clearly visible distinctive sign from a distance,
· carry weapons openly,
· comply with the laws and customs of war in their actions.
Combatants include:
· personnel of the regular armed forces and paramilitary or armed organizations included in them, personnel of militias and volunteer units included in the armed forces;
· partisans, militias and volunteer units, including organized resistance movements, if they meet the 4 requirements above;
· the population of an unoccupied territory, which, when the enemy approaches, spontaneously takes up arms to fight the invading troops;
· armed participants in national liberation movements fighting against colonialism, racism and foreign domination in the exercise of their right to self-determination (only for countries party to Additional Protocol I of 1977).
Military journalists, quartermasters, military medical personnel and military lawyers are considered non-combatants, despite the fact that they are part of the armed forces.
Combatants who fall into the hands of the enemy are entitled to prisoner of war status. War correspondents and other persons performing official duties may not be combatants, but may be entitled to prisoner of war status. However, the right to use weapons is reserved only to combatants. If civilians take part in hostilities, they lose their status and the protection they are entitled to.
Mercenaries are persons who act in order to receive material compensation, who are not citizens of either party to the conflict, who do not reside permanently on their territory and who are not persons sent to perform official duties, cannot claim the status of combatant and prisoner of war. In a number of countries, mercenary activity is recognized as a crime and is subject to criminal prosecution. A distinction must be made between mercenaries and volunteers: the latter participate in the conflict for ideological reasons and are combatants.
According to the First Additional Protocol to the Geneva Conventions, mercenaries do not receive the status of combatants and prisoners of war, but nevertheless they must be treated humanely in accordance with Art. 3 common to all Geneva Conventions.
The rights and obligations of prisoners of war are regulated by the IV Hague Convention of 1907 and the III Geneva Convention.
Any combatant who falls into the hands of an enemy state, as well as non-combatants who are members of armed formations, have the status of prisoner of war. Violation by this person of international norms of warfare is not grounds for depriving him of this status, with the exception of cases of espionage. However, a prisoner of war may be subject to criminal prosecution for committing international crimes (but not for participating in hostilities).
Under international law, any member of the armed forces of a party to the conflict who falls into the power of the opposing party while engaged in espionage is not entitled to prisoner of war status and may be treated as a spy. he may be subject to criminal prosecution.
Unlike a spy, an intelligence officer, that is, a member of the armed forces of a party to the conflict who, on behalf of that party, collects or attempts to collect information in territory controlled by the opposing party, is not considered to be an espionage unless, in so doing, it wears the uniform of its armed forces. Thus, in the event of capture, the intelligence officer has the right to the status of a prisoner of war.
A member of the armed forces of a party to the conflict who does not reside in territory occupied by the opposing party and who engages in espionage in that territory does not lose his right to prisoner of war status and may not be treated as a spy unless cases where it is captured before it has rejoined the armed forces to which it belongs.
Accordingly, from the point of view of international law, only front-line intelligence officers wearing the uniform of their armed forces can be considered intelligence officers. All intelligence agents are, by definition, spies.
International law contains rules protecting journalists during war.
Two categories of journalists can work in an armed conflict zone:
· war correspondents (Article 4.A (4) III Geneva Convention of 1949) and
· journalists on dangerous professional missions in areas of armed conflict (Article 79 of the I Additional Protocol to the Geneva Conventions of 1949).
According to Art. 4 III Geneva Convention of 1949, war correspondents are required to satisfy the following conditions:
· be representatives of the media;
· be accredited in the armed forces;
· accompany military formations;
· not be members of military formations.
The same article states that war correspondents, when captured, enjoy the same protection as prisoners of war.
Journalists on dangerous professional assignments in areas of armed conflict do not receive accreditation in the armed forces, although they can accompany military units - at least there is no direct ban on such accompaniment. Such journalists have civilian status and, as a consequence, enjoy protection from attack unless they engage in any act inconsistent with their civilian status. It should be noted that the norm of Art. 79 I of the Additional Protocol to the Geneva Conventions of 1949 is referential and is disclosed in the articles that refer to the protection of civilians.
Protecting journalists implies not only the need to take certain actions, but also the obligation not to resort to certain types of actions in relation to them. Thus, civilians, in accordance with Art. 51 (2) I Additional Protocol to the Geneva Conventions of 1949 (including journalists) must not be the object of attack, in accordance with Art. 52 of the Protocol, civilians have the right to have their property treated with respect unless it is of a military nature.
Issues related to the protection of civilians and civilian objects during armed conflicts are regulated by the Fourth Geneva Convention and the Additional Protocols of 1977.
In accordance with these documents, it is prohibited:
· make the civilian population, its individual representatives or peaceful objects targets of strikes;
· carry out indiscriminate strikes (not aimed at a specific military target or with weapons that do not allow the possibility of an indiscriminate strike), as well as strikes that can be expected to result in an excess number of civilian casualties compared to the military successes achieved;
· use hunger among civilians as a weapon of war;
· strike targets that are important for the livelihoods of the civilian population;
· strike at structures with significant energy potential (such as dams, dikes, nuclear power plants), if the release of this energy could lead to significant losses among the civilian population (except in cases where such structures provide direct support to the armed forces and there is no other reasonable way to stop this support);
At the same time, the presence of a civilian population in a certain location is not an obstacle to military operations in that location. The use of civilians as human shields is expressly prohibited.
The protocol also states that when planning and conducting military operations, constant care must be taken to avoid civilian casualties or, in extreme cases, to reduce them to a minimum.
Having considered the issue of protecting victims of armed conflicts, the following conclusions can be drawn:
1. Victims of war must, in all circumstances, be protected and treated humanely without discrimination of any kind.
2. Persons from the armed forces of the belligerents, in the event of their injury or illness, shall enjoy special protection.
3. The civilian population is inviolable.
3. Geneva Conventions and modern armed conflicts
At the heart of the Geneva Conventions is the concept of respect for the life and dignity of each individual person. People affected by conflict must receive assistance and care without any discrimination. The conventions also reaffirm and strengthen the role of the medical profession: medical personnel, medical units and ambulances must be respected and protected in all circumstances. This is a prerequisite for them to be able to pick up the wounded and sick and provide assistance to them. The principles on which these norms are based are as ancient as armed conflict itself.
However, the question still often arises: are the Conventions still relevant, do they matter for modern wars?
The continued relevance of international humanitarian law is demonstrated by a public opinion poll that asked people in war-torn countries what they considered acceptable behavior during hostilities; they were also asked questions about the effectiveness of the Geneva Conventions. This study is called “Our World. Views from the Hot Spots was conducted by Ipsos in Afghanistan, Haiti, Georgia, Democratic Republic of Congo, Colombia, Liberia, Lebanon and the Philippines. This study was specially commissioned by the ICRC on the occasion of the 60th anniversary of the Geneva Conventions.
A majority of the roughly 4,000 people surveyed in those eight countries - 75% - say the actions combatants are allowed to do during combat should be subject to some kind of restrictions. And when asked whether they had ever heard of the Geneva Conventions, slightly less than half of those surveyed answered that they knew about the existence of such norms. Of these, about 56% believe the Geneva Conventions limit civilian suffering during war.
These results suggest that the key ideas underlying the Geneva Conventions and IHL in general enjoy widespread support among people who live in countries affected by conflict or situations of violence.
However, the survey also showed that the impact of these norms on the situation on the ground is felt much less than the population's support for the norms themselves. This presumably means that people in war-torn countries would like to see stricter compliance and enforcement of legal norms.
To analyze the issue of the relevance of the Geneva Conventions in international (interstate) and non-international armed conflicts, several examples can be given for each case.
Analyzing further the question of the relevance of the Conventions, it should be remembered that for the most part the Geneva Conventions regulate international armed conflicts, including situations of military occupation. Although such conflicts and occupations do - fortunately - not occur as often as before, we can only note that they have not disappeared completely. Recent examples of conflicts where the Conventions have been fully applied include the conflict in Afghanistan (2001-2002), the Iraq War (2003-2004), the conflict in southern Lebanon (2006) and the conflict between Russia and Georgia ( 2008) Therefore, to the extent that international conflicts and occupations continue to occur and will continue to occur, the Conventions remain in force and remain relevant. Therefore, it is very important to preserve this invaluable humanitarian experience, which was obtained thanks to the fact that all states of the world acceded to the Conventions. Whatever changes occur in the future must be based on these already existing norms.
Here is just one example of such experience: the regulation of conditions of detention played a huge role in saving the lives and health of many prisoners. It is on the basis of these standards of the Geneva Conventions that the ICRC can carry out its work on the ground, including visits to people in detention. The purpose of such visits is to prevent enforced disappearances, extrajudicial killings, torture and other cruel, inhuman or degrading treatment or punishment, to monitor physical conditions of detention and to restore family ties, for example through the exchange of Red Cross messages.
A few figures concerning recent international armed conflicts may suffice to show how relevant the Geneva Conventions remain for victims of war. During the conflict between Eritrea and Ethiopia in 2001 alone, ICRC delegates visited more than a thousand Ethiopian prisoners of war and 4,300 civilian internees. In addition, we facilitated the exchange of 16,326 messages between Ethiopian and Eritrean prisoners of war and their families. The ICRC also organized safe passage across the front lines for 12,493 civilians of Ethiopian origin. In collaboration with the Eritrean Red Cross, the ICRC distributed humanitarian aid to more than 150,000 civilians affected by the conflict and provided surgical supplies to treat 10,000 wounded people in cooperation with the Ministry of Health.
In Iraq, from April 2003 to May 2004, ICRC delegates visited 6,100 prisoners of war and 11,146 civilian internees and those held by the occupying powers. In addition, 16 thousand Red Cross messages were transmitted. Even in the rather short conflict between Russia and Georgia in 2008, a number of prisoners of war benefited from the protective provisions of the Third Geneva Convention and the status it granted. Based on this Convention, ICRC delegates were able to visit these prisoners of war.
However, not every positive impact of the Geneva Conventions can be expressed in numbers. The true value of the Conventions lies not only in the good they help to accomplish, but perhaps even more significantly in the greater evil they help prevent. For example, we know from experience that the distinctive emblems of the Red Cross and Red Crescent have protected countless hospitals, medical units and their personnel, as well as countless numbers of wounded and sick. In recent years we have, unfortunately, witnessed too many flagrant violations of the integrity of both distinctive emblems and medical missions, however, without the standards contained in the Conventions, the situation would be much worse. It's worse for the victims and much harder for those trying to provide them with help and protection.
geneva convention war armed
The Geneva Conventions and their Additional Protocols form the core of international humanitarian law - a branch of international law that regulates the conduct of armed conflicts and seeks to limit their consequences. They in particular protect people who are not taking part in hostilities (civilians, doctors and nurses, aid workers) or those who have ceased to take part in hostilities, such as wounded, sick and shipwrecked soldiers, as well as prisoners of war.
The Conventions and Protocols call for measures to be taken to prevent or put an end to any violations of law. They contain strict rules regarding so-called “serious violations”. Those responsible for serious violations should be sought, tried or extradited to another country, regardless of their nationality.
Geneva Conventions 1949
protects wounded and sick soldiers during land warfare.
protects wounded, sick and shipwrecked military personnel during war at sea.
applies to prisoners of war.
provides protection to civilians, including in occupied territory.
General Article 3
Article 3, common to all four Geneva Conventions, was a breakthrough as it provided for the first time rules relevant to situations of non-international armed conflict. There are many types of such conflicts. These include traditional civil wars, internal armed conflicts that involve the territory of other states, or internal conflicts in which, in addition to the government, third states or multinational forces intervene. Common Article 3 establishes fundamental rules from which derogation is unacceptable. It resembles a mini-convention within the Conventions, since it contains the main rules of the Geneva Conventions in a condensed form and makes them applicable to conflicts of a non-international nature:
It requires humane treatment of all persons in the hands of the enemy, without any unfavorable distinction. It specifically prohibits murder, mutilation, torture, cruel, humiliating and degrading treatment, hostage-taking and lack of due process.
It requires that the wounded, sick and shipwrecked be picked up and cared for.
It gives the ICRC the right to offer its services to parties to the conflict.
It calls on the parties to the conflict to give effect to all or part of the provisions of the Geneva Conventions through special agreements.
It recognizes that the application of these norms does not affect the legal status of the parties to the conflict.
Given that most armed conflicts today are non-international in nature, the application of Common Article 3 is of great importance. Full compliance is required.
When do the Geneva Conventions apply?
The Geneva Conventions entered into force on October 21, 1950.
With each new decade, more and more states ratified the Conventions: during the 1950s. they were ratified by 74 states, in the 1960s - 48 states, in the 1970s. – 20 states, and another 20 states in the 1980s. In the early 1990s, mainly following the collapse of the Soviet Union, Czechoslovakia and the former Yugoslavia, 26 countries ratified the Conventions.
Since 2000, the Conventions have been ratified by seven more countries, bringing the total number of parties to 194, and the Geneva Conventions are now applied by all states in the world.
Additional Protocols to the Geneva Conventions
In the two decades following the adoption of the Geneva Conventions, the world saw an increase in the number of non-international armed conflicts and wars of national liberation. In response, two Additional Protocols to the four Geneva Conventions of 1949 were adopted in 1977. They strengthen the protection of victims of international (Protocol I) and non-international (Protocol II) armed conflicts and impose restrictions on the means and methods of warfare. Protocol II was the first international document in history to deal exclusively with situations of non-international armed conflicts.
In 2007 it was adopted third Additional Protocol, which established an additional emblem, the red crystal, which has the same international status as the red cross and red crescent emblems.
- – international conflicts
- - non-international conflicts
- – additional distinctive emblem
