n.
One of a series of agreements first formulated at an international convention held in Geneva, Switzerland, in 1864, establishing rules for the treatment of prisoners of war, the sick, and the wounded.
Geneva Convention
| Dictionary: Geneva Convention |
n.
One of a series of agreements first formulated at an international convention held in Geneva, Switzerland, in 1864, establishing rules for the treatment of prisoners of war, the sick, and the wounded.
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| US Military History Companion: Geneva Conventions |
(1864)
The Geneva Convention of 22 August 1864 was the world's first multilateral humanitarian treaty. Sixteen nations were present, responding to public concern about the sufferings of sick and wounded soldiers, well publicized by the labors of Florence Nightingale in the Crimean War, Clara Barton and the U.S. Sanitary Commission in the American Civil War, and the dramatic book The Memory of Solferino (1862) by Henry Dunant, a Swiss, about the casualties at the Battle of Solferino in 1859. Dunant and four other Genevan philanthropists had already launched, in October 1863, what would become the international Red Cross movement. Now the twelve initial signatories bound their armies to respect and protect the lives and workplaces of each other's ambulance and medical personnel; to incorporate volunteer auxiliaries into their medical corps; and to signify their virtual neutrality by a protective emblem, “a red cross on a white ground.” The United States acceded to the convention in 1882.
Its consequences were mixed. The popularity of national Red Cross societies actually facilitated social mobilization for war purposes. On the other hand, the convention set a valuable humanitarian precedent, of which the most obvious sequels were its successively extended versions of 1906, 1929, 1949, and 1977.
[See also Laws of War; Red Cross, American.]
Bibliography
- Dietrich Schindler and Jiri Toman, eds., The Laws of Armed Conflicts: A Collection of Conventions, Resolutions and Other’ Documents, 1973;
2nd ed. 1981. - John F. Hutchinson, Champions of Charity: The Red Cross and the Great Powers, 1995
| US Military Dictionary: Geneva Conventions |
The first multilateral humanitarian treaty, established in Geneva August 22, 1864. It included provisions to protect all establishments and personnel that treated wounded soldiers, incorporate volunteers into the medical corps, and establish the Red Cross symbol as a sign of neutrality. Subsequent Geneva conventions were established in 1906 and 1929 to extend the provisions and concepts of the first. Another Geneva convention was approved on August 12, 1949, after World War II in response to the need to codify the nature of war crimes. They included torture and other inhumane treatment as violations of the laws of war and extended provisions from previous conventions. On June 8, 1977, two protocols to the 1949 conventions were approved to protect civilians from becoming objects of attack, extend protection to guerrilla combatants, and establish commissions to investigate violations of international law. Over 150 nations have approved the 1949 conventions, and approximately half that number have approved those of 1977. The United States has not approved the latter. The Hague Conventions also established similar treaties.
See the Introduction, Abbreviations and Pronunciation for further details.
| US History Encyclopedia: Geneva Conventions |
Geneva Conventions, a series of international agreements drafted for the amelioration (improvement)of the treatment of the sick and wounded, in particular—but all prisoners—in land and sea warfare. The first Geneva Convention (1864)covered field armies only. Subsequent conventions extended that coverage to include the sick and wounded at sea, the treatment of prisoners of war, and the protection of noncombatants during time of war. The principles first articulated in the Geneva Conventions have become the cornerstones of international laws regulating conduct in wartime.
The first agreement resulted from the outcry that followed the publication in 1862 of Un Souvenir de Solferino, by Jean Henri Dunant, a cofounder of the Red Cross. His book—describing the suffering of wounded French, Italian, and Austrian soldiers in northern Italy in 1859 because of inadequate medical facilities—resulted in the convocation of an unofficial congress at Geneva in 1863 and, in the following year, of the formal sessions whose convention was ratified by the United States, most other American countries, and twelve European nations. An 1868 convention, while not ratified, expanded the earlier agreement to include naval warfare. The articles of the two conventions were observed during the Franco-Prussian (1870–1871)and Spanish-American (1898)wars.
Another conference was held in 1906 at Geneva, at which the conventions were revised; these were adopted by the Hague Peace Conference of 1907. The brutality of World War I demonstrated the need for clearer international guidelines in regard to what constituted lawful and unlawful conduct in wartime. In 1929, the conventions—signed by forty-seven nations—were widened to include provisions to improve the lot of prisoners of war. On the eastern front of the European theater, as well as in the Pacific, both the Axis and Allied powers routinely violated the protocols of the Geneva Conventions. Nazi Germany, in particular, murdered huge numbers of Soviet prisoners of war. The war crimes committed by the Nazis, coupled with their perpetration of the Holocaust, constituted the major charges levied the German government leaders during the 1946 Nuremberg Tribunal. The latest Geneva Convention—in 1949—was ratified by sixty-one countries, including the United States. Its four articles covered the amelioration of conditions of the wounded and sick in the armed forces, including those in the field and those shipwrecked at sea (articles I and II); the treatment of prisoners of war (III); and, in response to Nazi atrocities in World War II, the treatment and legal status of noncombatants in wartime (IV). The subjects of the last two articles, issues in World War II, were raised also during the Vietnam War. Since the latter was partially a guerrilla war, the distinction between armed combatants in civilian dress and noncombatants was blurred, and the applicability of the conventions to the Vietnam conflict was questioned. The United States and South Vietnam both publicly adhered to the convention, unlike North Vietnam and the National Liberation Front, which were also unwilling to allow the International Red Cross to inspect their prisoner-of-war camps.
Bibliography
Ellis, L. Ethan. Frank B. Kellogg and American Foreign Relations, 1925–1929. New Brunswick, N. J. : Rutgers University Press, 1929; 1961.
Keegan, John. The Second World War. New York: Hutchinson, 1989.
—Richard A. Hunt/A. G.
| Columbia Encyclopedia: Geneva Conventions |
Geneva Conventions, series of treaties signed (1864-1949) in Geneva, Switzerland, providing for humane treatment of combatants and civilians in wartime. The first convention, signed by 16 nations, covered the protection of sick and wounded soldiers and medical personnel and facilities, and was instrumental in the development of the International Committee of the Red Cross. Later conventions extended (1906) the first to naval warfare and covered (1929) the treatment of prisoners of war. As a result of World War II, particularly of the conduct of Germany and Japan, four conventions were adopted in 1949 to strengthen and codify earlier treaties and safeguard civilians.
| Marine Corps Dictionary: Geneva Conventions |
A series of meetings held in Geneva Switzerland and Oslo Norway in which most nations of the world have agreed on the rules for modern warfare. Accords include the identification of enemies and the treatment and repatriation of prisoners.
| Politics: Geneva Conventions |
A set of international rules that govern the treatment of prisoners, the sick and wounded, and civilians during war. Under the Geneva Conventions, for example, ambulances and military hospitals and their staff are officially neutral and are not to be fired upon. Nearly all countries of the world have agreed to the Geneva Conventions.
| Wikipedia: Geneva Conventions |
The Geneva Conventions consist of four treaties and three additional protocols that set the standards in international law for humanitarian treatment of the victims of war. The singular term Geneva Convention refers to the agreements of 1949, negotiated in the aftermath of World War II, updating the terms of the first three treaties and adding a fourth treaty. The language is extensive, with articles defining the basic rights of those captured during a military conflict, establishing protections for the wounded, and addressing protections for civilians in and around a war zone. The treaties of 1949 have been ratified, in whole or with reservations, by 194 countries.[1]
| “ | Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war. | ” |
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—- Article 27, Fourth Geneva Convention |
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The Geneva Conventions do not address the use of weapons of war, as this is covered by the Hague Conventions (1899 and 1907) and the Geneva Protocol.
Contents |
History
In 1862, Henri Dunant published his book, Memoir of Solferino, on the horrors of war.[2] His wartime experiences inspired Dunant to propose (1) a permanent relief agency for humanitarian aid in times of war, and (2) a government 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. The latter led to the First Geneva Convention. For both of these accomplishments, Henri Dunant became corecipient of the first Nobel Peace Prize in 1901.[3][4]
The ten articles of this first treaty were initially adopted in 1864 by twelve nations.[5] Clara Barton was instrumental in campaigning for the ratification of the First Geneva Convention by the United States, which eventually ratified it in 1882.[6]
The second treaty was first adopted in 1906 and specifically addressed members of the Armed Forces at sea. The third treaty was first adopted in 1929 to deal with the protection of prisoners of war. The fourth treaty was inspired by the war criminals of the Nuremburg Trials and first adopted in 1949. It reaffirmed the prior three treaties and added many new terms, including the protection of civilians during wartime.
Despite the length of these documents, they were found over time to be incomplete. In 1977, two protocols were adopted that extended the terms of the 1949 treaty with additional protections. In 2005, a third brief protocol was added establishing an additional protective sign for medical services, 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 Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 1864
- Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 1906
- Third Geneva Convention relative to the Treatment of Prisoners of War, 1929
- Fourth Geneva Convention 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 protocols:
- Protocol I (1977) relating to the Protection of Victims of International Armed Conflicts
- Protocol II (1977) relating to the Protection of Victims of Non-International Armed Conflicts
- Protocol III (2005) relating to the Adoption of an Additional Distinctive Emblem (for medical services)
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 reader should recognize the controversial nature of the topic of applicability. When the Geneva Conventions apply, governments must surrender a certain degree of their national sovereignty to comply with international law. These laws may not be entirely harmonious with their national constitution or their cultural values. Despite the advantages offered by the Conventions to individuals, political pressures may cause the governments to be reluctant in accepting its responsibilities.
Common Article 2
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 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 war without the existence of a formal declaration of war, such as a police action.[7]
- The Conventions apply to a signatory nation even if the opposing nation is not bound by it. By 1949, the treaty was becoming viewed less as a reciprocal contract and more as an agreement on fundamental human rights. Ratifying the treaty binds the nation to uphold these rights regardless of the behavior of the opposing nation.[7]
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
This article states that the certain minimum rules of war also apply to armed conflicts that are 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.[7] 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 provisions of the entire Geneva Convention are not applicable in this situation, but only a limited list of provisions contained within the language of Article 3,[7] and additionally within the language of Protocol II. The rationale for the limitation is that many articles would otherwise conflict with the rights of a Sovereign State. In summary:
- Persons taking no active part in hostilities should be treated humanely (including military persons who have ceased to be active as a result of sickness, injury, or detention).
- 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 inhuman treatment, including biological experiments
- willfully causing great suffering or serious injury to body or health
- compelling one to serve in the forces of a hostile power
- willfully depriving one of the right to a fair trial.
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.[8]
Nations who are party to these treaties must enact and enforce legislation penalizing any of these crimes.[9] 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. Toward this end, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia were established by the United Nations to prosecute alleged violations. Israel is accused of war crimes based on their apparent commitment of grave breaches.
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.[10] 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 (2001–present), the 2003 invasion of Iraq, and the 2008 War in Georgia.
Modern warfare continues to evolve, and a growing proportion of recent armed conflicts are of a non-international character[11] (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.[12] 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 even over groups that have not formally accepted the terms of the Geneva Conventions.
See also
- International humanitarian law
- International Committee of the Red Cross
- Geneva Conference
- Hague Conventions (1899 and 1907)
- Attacks on humanitarian workers
- Human rights
- International Federation of Red Cross and Red Crescent Societies
- Laws of war
- Nuremberg Principles
- Reprisals
- Rule of Law in Armed Conflicts Project (RULAC)
References
- ^ "State Parties / Signatories: Geneva Conventions of 12 August 1949". International Humanitarian Law. International Committee of the Red Cross. http://www.icrc.org/ihl.nsf/WebSign?ReadForm&id=375&ps=P. Retrieved 2007-01-22.
- ^ Dunant, Henry. A Memory of Solferino. http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/p0361. English version, full text online.
- ^ Abrams, Irwin (2001). The Nobel Peace Prize and the Laureates: An Illustrated Biographical History, 1901-2001. USA: Science History Publications. http://books.google.com/books?id=ny77bPwKxaUC. Retrieved 2009-07-14.
- ^ The story of an idea, film on the creation of the Red Cross, Red Crescent Movement and the Geneva Conventions
- ^ Roxburgh, Ronald (1920). International Law: A Treatise. London: Longmans, Green and co.. p. 707. http://books.google.com/books?id=G8NAAAAAIAAJ. Retrieved 2009-07-14. The original twelve original countries were Switzerland, Baden, Belgium, Denmark, France, Hesse, Holland, Italy, Portugal, Prussia, Spain, and Wurtemburg.
- ^ Burton, David (1995). Clara Barton: in the service of humanity. London: Greenwood Publishing Group. http://books.google.com/books?id=rJyTkPqIC-sC. Retrieved 2009-07-14.
- ^ a b c d Pictet, Jean (1958). Geneva Conventions of 12 August, 1949: Commentary. International Committee of the Red Cross. http://www.loc.gov/rr/frd/Military_Law/Geneva_conventions-1949.html. Retrieved 2009-07-15.
- ^ How "grave breaches" are defined in the Geneva Conventions and Additional Protocols, International Committee of the Red Cross.
- ^ For example, the War Crimes Act of 1996.
- ^ "The Geneva Conventions Today". International Committee of the Red Cross. http://www.icrc.org/web/eng/siteeng0.nsf/html/geneva-conventions-statement-090709. Retrieved 2009-11-16.
- ^ "Sixty years of the Geneva Conventions and the decades ahead". International Committee of the Red Cross. http://www.icrc.org/web/eng/siteeng0.nsf/html/geneva-convention-statement-091109?opendocument. Retrieved 2009-11-16.
- ^ "The Prosecutor v. Dusko Tadic - Case No. IT-94-1-A". International Criminal Tribunal for the Former Yugoslavia. http://www.icty.org/x/file/Legal%20Library/jud_supplement/supp6-e/tadic.htm. Retrieved 2009-11-16.
External links
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Wikisource has original text related to this article: |
- Texts and commentaries of 1949 Conventions & Additional Protocols
- The Geneva Conventions: the core of international humanitarian law, ICRC
- Reference Guide to the Geneva Conventions
- www.SupportGenevaConventions.info
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