Geneva Conventions

The Geneva Conventions comprise four treaties, and three additional

protocols, that establish the standards of international law for humanitarian
treatment in war. The singular term Geneva Convention usually denotes the
agreements of 1949, negotiated in the aftermath of the Second World War
(1939–45), which updated the terms of the two 1929 treaties, and added two
new conventions. The Geneva Conventions extensively defined the basic
rights of wartime prisoners (civilians and military personnel), established
protections for the wounded and sick, 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.[1] Moreover, the Geneva Convention
also defines the rights and protections afforded to non-combatants, yet,
The Geneva Convention: the signature-
because the Geneva Conventions are about people in war, the articles do not and-seals page of the 1864 Geneva
address warfare proper—the use of weapons of war—which is the subject of Convention, that established humane
the Hague Conventions (First Hague Conference, 1899; Second Hague rules of war.
Conference 1907), and thebio-chemical warfare Geneva Protocol (Protocol for
the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases,
and of Bacteriological Methods of Warfare, 1925).

Contents
History
Commentaries
Contents
Conventions
Protocols
Application
Common Article 2 relating to international armed conflicts
Common Article 3 relating to non-international armed conflict
Enforcement
Protecting powers
Grave breaches
Legacy
See also Original document as PDF in single
pages, 1864
References
External links

History
The Swiss businessman Henry Dunant went to visit 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, A Memory of
Solferino, in 1862, on the horrors of war.[2] His wartime experiences inspired Dunant to propose:

A permanent relief agency forhumanitarian aid in times of war

 A government treaty recognizing theneutrality 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. On 22 August 1864, the
Swiss government invited the governments of all European countries, as well as the Progression of Geneva Conventions
United States, Brazil, and Mexico, to attend an official diplomatic conference. from 1864 to 1949.
Sixteen countries sent a total of twenty-six delegates to Geneva. On 22 August 1864,
the conference adopted the first Geneva Convention "for the Amelioration of the
Condition of the Wounded in Armies in the Field". Representatives of 12 states and
kingdoms signed the convention:[3][4]

Swiss Confederation
Grand Duchy of Baden
Kingdom of Belgium
Kingdom of Denmark
Second French Empire
Grand Duchy of Hesse
Kingdom of Italy
Kingdom of the Netherlands
Kingdom of Portugal and the Algarves
Kingdom of Prussia
Kingdom of Spain
Kingdom of Württemberg

For both of these accomplishments, Henry Dunant became corecipient of the first
Nobel Peace Prize in 1901.[5][6] Red Cross poster from theFirst
World War.
On 20 October 1868 the first, unsuccessful, attempt to expand the 1864 treaty was
undertaken. With the 'Additional Articles relating to the Condition of the Wounded
in War' an attempt was undertaken to clarify some rules of the 1864 convention and to extend them to maritime warfare. The Articles
were signed but never ratified by all parties. Only the Netherlands and the United States ratified the Articles.[7] The Netherlands later
withdrew their ratification.[8] The protection of the victims of maritime warfare would later be realized by the third Hague
Convention of 1899 and the tenth Hague Convention of 1907.[9]

In 1906 thirty-five states attended a conference convened by the Swiss government. On 6 July 1906 it resulted in the adoption of the
"Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field", which improved and
supplemented, for the first time, the 1864 convention.[10] It remained in force until 1970 when Costa Rica acceded to the 1949
Geneva Conventions.[11]

The 1929 conference yielded two conventions that were signed on 27 July 1929. One, the "Convention for the Amelioration of the
Condition of the Wounded and Sick in Armies in the Field", was the third version to replace the original convention of 1864.[12][9]
The other was adopted after experiences in World War I had shown the deficiencies in the protection of prisoners of war under the
Hague Conventions of 1899 and 1907. The "Convention relative to the Treatment of Prisoners of War" was not to replace these
[13][14]
earlier conventions signed at The Hague, rather it supplemented them.

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 Geneva
and Hague Conventions. It yielded four distinct conventions:

The First Geneva Convention "for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field" was the fourth update of the original 1864 convention and replaced the 1929 convention on the same subject
[15]
 matter.[15]
The Second Geneva Convention f"or the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members
of Armed Forces at Sea" replaced the Hague Convention (X) of 1907. [16] It was the first Geneva Convention on the
protection of the victims of maritime warfare and mimicked the structure and provisions of the First Geneva
Convention.[9]
The Third Geneva Convention "relative to the Treatment of Prisoners of War" replaced the 1929 Geneva Convention
that dealt with prisoners of war.[17]
In addition to these three conventions, the conference also added a new elaborate Fourth Geneva Convention
"relative to the Protection of Civilian Persons in T
ime of War". It was the first Geneva Convention not to deal with
combatants, rather it had the protection of civilians as its subject matter
. The 1899 and 1907 Hague Conventions had
already contained some provisions on the protection of civilians and occupied territory . Article 154 specifically
provides that the Fourth Geneva Convention is supplementary to these provisions in the Hague Conventions. [18]

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:[19] 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
The third protocol
higher toll on civilians, which brought the need to provide civilian persons and objects with tangible
emblem, also known
protections in time of combat, thus bringing a much needed update to the Hague Conventions of 1899 as the Red Crystal
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 additionalprotective 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.

Commentaries
The Geneva Conventions of 12 August 1949. Commentary (The Commentaries) is a series of four volumes of books published
between 1952 and 1958 and containing commentaries to each of the four Geneva Conventions. The series was edited by Jean Pictet
who was the vice-president of the International Committee of the Red Cross. The Commentaries are often relied upon to provide
authoritative interpretation of the articles.[20]

Contents
The Geneva Conventions are
rules that apply only 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 Parties to GC I–IV and P I–III Parties to GC I–IV and P I–II
forces in the field.[21] The
Parties to GC I–IV and P I and III Parties to GC I–IV and P I
second convention dealt with
the sick, wounded, and Parties to GC I–IV and P III Parties to GC I–IV and no P
shipwrecked members of
armed forces at sea.[22][23] The third convention dealt with the treatment of prisoners of war during times of conflict.[24] The fourth
[25]
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 Geneva Convention"for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field" (first adopted in 1864,[26] revised in 1906,[27] 1929[28] and finally 1949);[29]
The Second Geneva Convention"for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members
of Armed Forces at Sea" (first adopted in 1949, successor of theHague Convention (X) 1907);[30]
The Third Geneva Convention"relative to the Treatment of Prisoners of War" (first adopted in 1929,[31] last revision
in 1949);[32]
The Fourth Geneva Convention"relative to the Protection of Civilian Persons in Time of War" (first adopted in 1949,
based on parts of the Hague Convention (II) of 1899 and Hague Convention (IV) 1907).[33]
With two Geneva Conventions revised and adopted, and the second and fourth added, in 1949 the whole set is referred to as the
"Geneva Conventions of 1949" or simply the "Geneva Conventions". Usually only the Geneva Conventions of 1949 are referred to as
First, Second, Third or Fourth Geneva Convention. The treaties of 1949 were ratified, in whole or with reservations, by 196
countries.[1]

Protocols
The 1949 conventions have been modified with three amendmentprotocols:

Protocol I (1977) relating to the Protection of Victims of International Armed Conflicts[34]

Protocol II (1977) relating to the Protection of Victims of Non-International Armed Conflicts[35]
[36]
Protocol III (2005) 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 nationalsovereignty 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 ofdeclared 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
, such as a police action.[23]
war without the existence of a formal declaration of war
The Conventions apply to a signatory nation even if the opposing nation is not a signatory
, but only if the opposing
[23]
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 " where at least one Party is not a State".[37] The
interpretation of the term armed conflict and therefore the applicability of this article is a matter of debate.[23] 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, whether carried out within the confines of one country or not.[38] There is two criteria to distinguish non-
international armed conflicts from lower forms of violence. The level of violence has to be of certain intensity, for example when the
state cannot contain the situation with regular police forces. Also, involved non-state groups need to have a certain level of
organization, like a military command structure.[39]

The other Geneva Conventions are not applicable in this situation but only the provisions contained within Article 3,[23] and
additionally within the language of Protocol II. The rationale for the limitation is to avoid conflict with the rights of Sovereign States
, it states that:[40]
that were not part of the treaties. When the provisions of this article apply

Persons taking no active part in thehostilities, 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

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, includingbiological

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 theright to a fair trial if accused
of a war crime. Logo of International Criminal Court
Also considered grave breaches of the Fourth Geneva Convention are the following:

taking of hostages
 extensive destruction and appropriation of property not justified bymilitary necessity and carried out unlawfully and
wantonly
unlawful deportation, transfer, or confinement.[41]
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
[42]
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 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.[43] 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,[44] the 2003 invasion of Iraq, the invasion of Chechnya (1994–present),[45] and the 2008 War in Georgia. The Geneva
Conventions also protect those affected by non-international armed conflicts such as theSyrian Civil War.

The lines between combatants and civilians have blurred when the actors are not exclusively High Contracting Parties (HCP).[46]
Since the fall of the Soviet Union, an HCP often is faced with a non-state actor,[47] as argued by General Wesley Clark in 2007.[48]
Examples of such conflict include the Sri Lankan Civil War, the Sudanese Civil War, and the Colombian Armed Conflict, as well as
most military engagements of the US since 2000.

Some scholars hold that Common Article 3 deals with these situations, supplemented by Protocol II (1977). These set out minimum
legal standards that must be followed for internal conflicts. International tribunals, particularly the International Criminal Tribunal for
the former Yugoslavia (ICTY), have clarified international law in this area.[49] In the 1999 Prosecutor v. Dusko Tadic judgement, the
ICTY ruled that grave breaches apply not only to international conflicts, but also to internal armed conflict. Further, those provisions
are considered customary international law.

Controversy has arisen over the US designation of irregular opponents as "unlawful enemy combatants" (see also unlawful
combatant) especially in the SCOTUS judgments over the Guantanamo Bay brig facility Hamdi v. Rumsfeld, Hamdan v. Rumsfeld
and Rasul v. Bush,[50] and later Boumediene v. Bush. President George W. Bush, aided by Attorneys-General John Ashcroft and
Alberto Gonzales 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.[51][52][53]

The application of the Geneva Conventions to the 2014 conflict in Ukraine (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.[54] 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.

Educational institutions and organizations including Harvard University,[55][56] the International Committee of the Red Cross,[57]
[58]
and the Rohr Jewish Learning Instituteuse the Geneva Convention as a primary text investigating torture and warfare.

See also
Attacks on humanitarian workers
Convention on Certain Conventional Weapons
 Customary international humanitarian law
Declaration on the Protection of Women and Children in Emergency and Armed Conflict
Geneva Conference (disambiguation)
Geneva Academy of International Humanitarian Law and Human Rights
German Prisoners of War in the United States
Hague Conventions of 1899 and 1907– traditional rules on fighting wars
Human rights
Human shield
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

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nt.xsp?action=openDocument&documentId=59F6CDF A490736C1C1257F7D004BA0EC). ICRC. p. 393.
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2_rul_rule157). International Committee of the Red Cross. Retrieved 30 January 2017. "Article 49 of the 1949
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legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of
the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be
under the obligation to search for persons alleged to have committed, or to have ordered to be committed [grave
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over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a
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External links
Works related to Geneva Convention at Wikisource

Texts and commentaries of 1949 Conventions & Additional Protocols

The Geneva Conventions: the core of international humanitarian law
, ICRC
Rules of war (in a nutshell)—video
Commentaries:

GCI: Commentary
GCII: Commentary
GCIII: Commentary
GCIV: Commentary

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