Geneva Conventions
Encyclopedia
The Geneva Conventions comprise four treaties
, and three additional protocols
, that establish the standards of international law
for the humanitarian treatment of the victims of war
. The singular term Geneva Convention denotes the agreements of 1949, negotiated in the aftermath of the Second World War
(1939–45), which updated the terms of the first three treaties (1864, 1906, 1929), and added a fourth treaty. The articles of the Fourth Geneva Convention
(1949) extensively defined the basic rights of prisoners (civil and military) during war; established protections for the wounded; and established protections for the civilians in and around a war zone. The treaties of 1949 were ratified, in whole or with reservations
, by 194 countries. The Geneva Convention defines the rights and protections of non-combatants, thus:
Moreover, because the Geneva Conventions are about people in war
, the articles do not address warfare proper — the use of weapon
s of war — which is the subject of the Hague Conventions (First Hague Conference, 1899; Second Hague Conference 1907), and the bio
–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, 1929).
published his book, Memoir of Solferino, on the horrors of war. His wartime experiences inspired Dunant to propose:
The former proposal led to the establishment of the Red Cross in Geneva
. The latter led to the First Geneva Convention. For both of these accomplishments, Henry Dunant became corecipient of the first Nobel Peace Prize
in 1901.
The ten articles of this first treaty were initially adopted on August 22, 1864 by twelve nations. Clara Barton
was instrumental in campaigning for the ratification of the First Geneva Convention by the United States
, which eventually ratified it in 1882.
The second treaty was first adopted in the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies at Sea, concluded on July 6, 1906 and specifically addressed members of the Armed Forces at sea. It was continued in the Geneva Convention relative to the Treatment of Prisoners of War, concluded on July 27, 1929 and entered into effect on June 19, 1931. 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 three Geneva Conventions and adding a new elaborate Geneva Convention relative to the Protection of Civilian Persons in Time of War.
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: 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 higher toll on civilians, which brought the need to provide civilian persons and objects with tangible protections in time of combat, thus bringing a much needed update to the Hague Conventions of 1899 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 additional protective 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.
The whole set is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Convention".
:
by signing these treaties.
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.
The other Geneva Conventions are not applicable in this situation but only the provisions contained within Article 3, and additionally within the language of Protocol II
. The rationale for the limitation is to avoid conflict with the rights of Sovereign State
s that were not part of the treaties. When the provisions of this article apply, it states that:
. As a charter
, the UN Charter is a constituent treaty, and all members are bound by its articles. The UN Charter's Article 25 and others require that obligations to the United Nations prevail over all other treaty obligations. The UNSC rarely invokes its authority regarding the Geneva Conventions and so most issues are resolved by regional treaties or by national law.
. Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person protected by the convention:
Also considered grave breaches of the Fourth Geneva Convention are the following:
Nations who are party to these treaties must enact and enforce legislation penalizing any of these crimes. Nations are also obligated to search for persons alleged to commit these crimes, or ordered them to be committed
, and to bring them to trial regardless of their nationality and regardless of the place where the crimes took place.
The principle of universal jurisdiction
also applies to the enforcement of grave breaches when the UN Security Council asserts its authority
and jurisdiction
from the UN Charter to apply universal jurisdiction. The UNSC did this via the International Criminal Court
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.
, 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 (2001–present)
, the 2003 invasion of Iraq
, the invasion of Chechnya (1994–present), and the 2008 War in Georgia.
Modern warfare continues to evolve, and the lines between combatants and civilians have blurred. (for instance, the Sri Lankan Civil War
, the Sudanese Civil War
, and the Colombian Armed Conflict
). 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
, have helped to clarify international law in this area. In the 1999 Prosecutor v. Dusko Tadic
judgement, the International Criminal Tribunal for the Former Yugoslavia ruled that grave breaches apply not only to international conflicts, but also to internal armed conflict. Further, those provisions are considered customary international law
, allowing war crimes prosecution by the United Nations
and its International Court of Justice
over groups that have signed and have not signed the Geneva Conventions.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
, and three additional protocols
Protocol (diplomacy)
In international politics, protocol is the etiquette of diplomacy and affairs of state.A protocol is a rule which guides how an activity should be performed, especially in the field of diplomacy. In diplomatic services and governmental fields of endeavor protocols are often unwritten guidelines...
, that establish the standards of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
for the humanitarian treatment of the victims of war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
. The singular term Geneva Convention denotes the agreements of 1949, negotiated in the aftermath of the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
(1939–45), which updated the terms of the first three treaties (1864, 1906, 1929), and added a fourth treaty. The articles of the Fourth Geneva Convention
Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and defines humanitarian protections for civilians...
(1949) extensively defined the basic rights of prisoners (civil and military) during war; established protections for the wounded; and established protections for the civilians in and around a war zone. The treaties of 1949 were ratified, in whole or with reservations
Reservation (law)
A reservation in international law is a caveat to a state's acceptance of a treaty. By the 1969 Vienna Convention on the Law of Treaties , a reservation is defined as a...
, by 194 countries. The Geneva Convention defines the rights and protections of non-combatants, thus:
Moreover, because the Geneva Conventions are about people in war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
, the articles do not address warfare proper — the use of weapon
Weapon
A weapon, arm, or armament is a tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems...
s of war — which is the subject of the Hague Conventions (First Hague Conference, 1899; Second Hague Conference 1907), and the bio
Biological warfare
Biological warfare is the use of biological toxins or infectious agents such as bacteria, viruses, and fungi with intent to kill or incapacitate humans, animals or plants as an act of war...
–chemical
Chemical warfare
Chemical warfare involves using the toxic properties of chemical substances as weapons. This type of warfare is distinct from Nuclear warfare and Biological warfare, which together make up NBC, the military acronym for Nuclear, Biological, and Chemical...
warfare Geneva Protocol
Geneva Protocol
The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, usually called the Geneva Protocol, is a treaty prohibiting the first use of chemical and biological weapons. It was signed at Geneva on June 17, 1925 and entered...
(Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, 1929).
History
In 1862, Henry DunantHenry Dunant
Jean Henri Dunant , aka Henry Dunant, was a Swiss businessman and social activist. During a business trip in 1859, he was witness to the aftermath of the Battle of Solferino in modern day Italy...
published his book, Memoir of Solferino, on the horrors of war. His wartime experiences inspired Dunant to propose:
- a permanent relief agency for humanitarian aid in times of war, and
- a governmentGovernmentGovernment refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
treaty recognizing the neutrality of the agency and allowing it to provide aid in a war zone.
The former proposal led to the establishment of the Red Cross in Geneva
Geneva
Geneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...
. The latter led to the First Geneva Convention. For both of these accomplishments, Henry Dunant became corecipient of the first Nobel Peace Prize
Nobel Peace Prize
The Nobel Peace Prize is one of the five Nobel Prizes bequeathed by the Swedish industrialist and inventor Alfred Nobel.-Background:According to Nobel's will, the Peace Prize shall be awarded to the person who...
in 1901.
The ten articles of this first treaty were initially adopted on August 22, 1864 by twelve nations. Clara Barton
Clara Barton
Clarissa Harlowe "Clara" Barton was a pioneer American teacher, patent clerk, nurse, and humanitarian. She is best remembered for organizing the American Red Cross.-Youth, education, and family nursing:...
was instrumental in campaigning for the ratification of the First Geneva Convention by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, which eventually ratified it in 1882.
The second treaty was first adopted in the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armies at Sea, concluded on July 6, 1906 and specifically addressed members of the Armed Forces at sea. It was continued in the Geneva Convention relative to the Treatment of Prisoners of War, concluded on July 27, 1929 and entered into effect on June 19, 1931. Inspired by the wave of humanitarian and pacifistic enthusiasm following World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
and the outrage towards the war crimes disclosed by the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
, a series of conferences were held in 1949 reaffirming, expanding and updating the prior three Geneva Conventions and adding a new elaborate Geneva Convention relative to the Protection of Civilian Persons in Time of War.
Despite the length of these documents, they were found over time to be incomplete. In fact, the very nature of armed conflicts
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
had changed with the beginning of the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
era, leading many to believe that the 1949 Geneva Conventions were addressing a largely extinct reality: on the one hand, most armed conflicts had become internal, or civil wars, while on the other, most wars had become increasingly asymmetric
Asymmetric warfare
Asymmetric warfare is war between belligerents whose relative military power differs significantly, or whose strategy or tactics differ significantly....
. Moreover, modern armed conflicts were inflicting an increasingly higher toll on civilians, which brought the need to provide civilian persons and objects with tangible protections in time of combat, thus bringing a much needed update to the Hague Conventions of 1899 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 additional protective sign
Protective sign
Protective signs are symbols to be used during an armed conflict to mark persons and objects under the protection of various treaties of International Humanitarian Law . While their essential meaning can be summarized as "Don't shoot!" or "Don't attack!", the exact conditions implied vary depending...
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.
The conventions and their agreements
The Geneva Conventions comprise rules that apply in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities, for example:- wounded or sick fighters
- prisoners of war
- civilians
- medical and religious personnel
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 three Geneva Conventions were revised and expanded in 1949, and the fourth was added at that time.- First Geneva ConventionFirst Geneva ConventionThe First Geneva Convention, for the Amelioration of the Condition of the Wounded in Armies in the Field, is one of four treaties of the Geneva Conventions. It defines "the basis on which rest the rules of international law for the protection of the victims of armed conflicts." It was first adopted...
for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 1864 - Second Geneva ConventionSecond Geneva ConventionThe Second Geneva Convention, for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, is one of the four treaties of the Geneva Conventions. It was first adopted in 1906, after the Russo-Japanese war, but was significantly updated in 1929 and again in...
for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 1906 - Third Geneva ConventionThird Geneva ConventionThe Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
relative to the Treatment of Prisoners of War, 1929 - Fourth Geneva ConventionFourth Geneva ConventionThe Geneva Convention relative to the Protection of Civilian Persons in Time of War, commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and defines humanitarian protections for civilians...
relative to the Protection of Civilian Persons in Time of War, 1949
The whole set is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Convention".
Protocols
The 1949 conventions have been modified with three amendment protocolsProtocol (diplomacy)
In international politics, protocol is the etiquette of diplomacy and affairs of state.A protocol is a rule which guides how an activity should be performed, especially in the field of diplomacy. In diplomatic services and governmental fields of endeavor protocols are often unwritten guidelines...
:
- Protocol IProtocol IProtocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international armed conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern...
(1977) relating to the Protection of Victims of International Armed Conflicts - Protocol IIProtocol IIProtocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of non-international armed conflicts. It defines certain international laws that strive to provide better protection for victims of internal armed conflicts that take place within the borders...
(1977) relating to the Protection of Victims of Non-International Armed Conflicts - Protocol IIIProtocol IIIProtocol III is a 2005 amendment protocol to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem. This protective sign may be displayed by medical and religious personnel at times of war, instead of the traditional Red Cross or Red Crescent symbols...
(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 national sovereigntySovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
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 of declared warDeclaration of warA declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
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 war without the existence of a formal declaration of war, such as a police actionPolice actionPolice action in military/security studies and international relations is a euphemism for a military action undertaken without a formal declaration of war.Since World War II, formal declarations of war have been rare...
. - The Conventions apply to a signatory nation even if the opposing nation is not a signatory, but only if the opposing nation "accepts and applies the provisions" of the Conventions.
Article 1 of Protocol I
Protocol I
Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international armed conflicts. It reaffirms the international laws of the original Geneva Conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern...
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 conflict that is not of an international character, but that are contained within the boundaries of a single country. The applicability of this article rests on the interpretation of the term armed conflict. For example it would apply to conflicts between the Government and rebel forces, or between two rebel forces, or to other conflicts that have all the characteristics of war but that are carried out within the confines of a single country. A handful of individuals attacking a police station would not be considered an armed conflict subject to this article, but only subject to the laws of the country in question.The other Geneva Conventions are not applicable in this situation but only the provisions contained within Article 3, and additionally within the language of Protocol II
Protocol II
Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of non-international armed conflicts. It defines certain international laws that strive to provide better protection for victims of internal armed conflicts that take place within the borders...
. The rationale for the limitation is to avoid conflict with the rights of Sovereign State
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
s that were not part of the treaties. When the provisions of this article apply, it states that:
- Persons taking no active part in hostilities, including military persons who have ceased to be active as a result of sickness, injury, or detention, should be treated humanely.
- The wounded and sick shall be collected and cared for.
Enforcement authority of the United Nations Security Council
The final international tribunal for all issues related to the Geneva Conventions and other treaties is the United Nations Security CouncilUnited Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
. As a charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
, the UN Charter is a constituent treaty, and all members are bound by its articles. The UN Charter's Article 25 and others require that obligations to the United Nations prevail over all other treaty obligations. The UNSC rarely invokes its authority regarding the Geneva Conventions and so most issues are resolved by regional treaties or by national law.
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 crimeWar crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
. 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, including biological experiments
- willfully causing great suffering or serious injury to body or health
- compelling someone to serve in the forces of a hostile power
- willfully depriving someone of the right to a fair trialRight to a fair trialThe right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
if accused of a war crime.
Also considered grave breaches of the Fourth Geneva Convention are the following:
- taking of hostages
- extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly
- unlawful deportation, transfer, or confinement.
Nations who are party to these treaties must enact and enforce legislation penalizing any of these crimes. Nations are also obligated to search for persons alleged to commit these crimes, or ordered them to be committed
Command responsibility
Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....
, and to bring them to trial regardless of their nationality and regardless of the place where the crimes took place.
The principle of universal jurisdiction
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
also applies to the enforcement of grave breaches when the UN Security Council asserts its authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
and jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
from the UN Charter to apply universal jurisdiction. The UNSC did this via the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
when they established the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
and the International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
to investigate and/or prosecute alleged violations.
The Geneva Conventions today
Although warfare has changed dramatically since the Geneva Conventions of 1949, they are still considered the cornerstone of contemporary International Humanitarian Law. They protect combatants who find themselves hors de combatHors de combat
Hors de Combat, literally meaning "outside the fight," is a French term used in diplomacy and international law to refer to soldiers who are incapable of performing their military function. Examples include a downed fighter pilot, as well as the sick, wounded, detained, or otherwise disabled...
, 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 (2001–present)
War in Afghanistan (2001–present)
The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
, the 2003 invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
, the invasion of Chechnya (1994–present), and the 2008 War in Georgia.
Modern warfare continues to evolve, and the lines between combatants and civilians have blurred. (for instance, the Sri Lankan Civil War
Sri Lankan civil war
The Sri Lankan Civil War was a conflict fought on the island of Sri Lanka. Beginning on July 23, 1983, there was an on-and-off insurgency against the government by the Liberation Tigers of Tamil Eelam , a separatist militant organization which fought to create an independent Tamil state named Tamil...
, the Sudanese Civil War
Second Sudanese Civil War
The Second Sudanese Civil War started in 1983, although it was largely a continuation of the First Sudanese Civil War of 1955 to 1972. Although it originated in southern Sudan, the civil war spread to the Nuba mountains and Blue Nile by the end of the 1980s....
, and the Colombian Armed Conflict
Colombian Armed Conflict
The Colombian armed conflict or Colombian Civil War are terms that are employed to refer to the current asymmetric low-intensity armed conflict in Colombia that has existed since approximately 1964 or 1966, between the Colombian government and peasant guerrillas such as the Revolutionary Armed...
). 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
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
, have helped to clarify international law in this area. In the 1999 Prosecutor v. Dusko Tadic
Duško Tadic
Duško Tadić is a Bosnian Serb war criminal, former SDS leader in Kozarac and a former member of the paramilitary forces supporting the attack on the district of Prijedor...
judgement, the International Criminal Tribunal for the Former Yugoslavia ruled that grave breaches apply not only to international conflicts, but also to internal armed conflict. Further, those provisions are considered customary international law
Customary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
, allowing war crimes prosecution by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and its International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
over groups that have signed and have not signed the Geneva Conventions.
See also
- CivilianCivilianA civilian under international humanitarian law is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation...
- International humanitarian lawInternational humanitarian lawInternational humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
- International Committee of the Red CrossInternational Committee of the Red CrossThe International Committee of the Red Cross is a private humanitarian institution based in Geneva, Switzerland. States parties to the four Geneva Conventions of 1949 and their Additional Protocols of 1977 and 2005, have given the ICRC a mandate to protect the victims of international and...
- Geneva ConferenceGeneva ConferenceSeveral international or multinational conferences have been called the Geneva Conference, because they were held in the city of Geneva, Switzerland...
- Attacks on humanitarian workersAttacks on humanitarian workersHumanitarian aid workers belonging to United Nations organisations, PVOs / NGOs or the Red Cross / Red Crescent have traditionally enjoyed both international legal protection, and de facto immunity from attack by belligerent parties. However, attacks on humanitarian workers have occasionally...
- Human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
- International Federation of Red Cross and Red Crescent SocietiesInternational Federation of Red Cross and Red Crescent SocietiesThe International Federation of Red Cross and Red Crescent Societies is a humanitarian institution that is part of the International Red Cross and Red Crescent Movement along with the ICRC and 186 distinct National Societies...
- Laws of warLaws of warThe law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
- Nuremberg PrinciplesNuremberg PrinciplesThe Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...
- ReprisalReprisalIn international law, a reprisal is a limited and deliberate violation of international law to punish another sovereign state that has already broken them. Reprisals in the laws of war are extremely limited, as they commonly breached the rights of civilians, an action outlawed by the Geneva...
s - Rule of Law in Armed Conflicts Project
- Convention on Certain Conventional WeaponsConvention on Certain Conventional WeaponsThe United Nations Convention on Certain Conventional Weapons , concluded at Geneva on October 10, 1980 and entered into force in December 1983, seeks to prohibit or restrict the use of certain conventional weapons which are considered excessively injurious or whose effects are indiscriminate.The...
- Targeted killingTargeted killingTargeted killing is the deliberate, specific targeting and killing, by a government or its agents, of a supposed terrorist or of a supposed "unlawful combatant" who is not in that government's custody...
- Ian FishbackIan FishbackIan Fishback is a United States Army officer, who became known after he sent a letter to Senator John McCain of Arizona on September 16, 2005, in which Fishback stated his concerns about the continued abuse of prisoners held under the auspices of the Global War on Terror.McCain, along with...
- German Prisoners of War in the United StatesGerman prisoners of war in the United StatesGerman prisoners of war in the United States were members of the German military interned in the United States as prisoners of war during World War I and World War II...
External links
- Texts and commentaries of 1949 Conventions & Additional Protocols
- The Geneva Conventions: the core of international humanitarian law, ICRC
- www.SupportGenevaConventions.info
- Text of the Geneva Conventions 1 2 3 4 at the Center for a World in Balance
- Human Rights First; Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality