Geneva Conventions in a nutshell

Repoter : News Room
Published: 17 December, 2023 11:52 am
Md. Shawkat Alam Faisa

Introduction

The Geneva Conventions are a set of international treaties that establish the humanitarian rules of war. They were first adopted in 1864 and have been revised and expanded over the years. This assignment provides a concise summary of Geneva Conventions I, II, III and IV.

Geneva Convention I

The Geneva Convention I, established in 1864, is the first of four treaties comprising the body of international humanitarian law known as the Geneva Conventions. These conventions aim to protect the victims of armed conflicts and ensure humane treatment of individuals who are not or are no longer participating in hostilities. Geneva Convention I specifically addresses the treatment of wounded and sick military personnel on the battlefield.

Key Provisions

  1. Protection of the Wounded and Sick:

   – Article 3: This article outlines the general principles of non-discrimination in the treatment of the wounded and sick during armed conflicts, emphasizing humane treatment without adverse distinction.

  1. Identification and Care of the Wounded and Sick:

   – Article 38: This article introduces the distinctive emblem of a red cross on a white background and outlines its use to identify medical and religious personnel and equipment.

  1. Neutral Medical Personnel and Facilities:

   – Articles 21 and 22: These articles establish the neutrality of medical personnel and units, stating that they must be respected and protected by all parties involved in the conflict.

  1. Treatment of the Wounded, Sick, and Shipwrecked:

   – Articles 12 to 16: These articles provide detailed rules on the humane treatment of the wounded, sick, and shipwrecked, emphasizing protection without adverse distinction based on various factors.

  1. Non-Combatants and Civilian Medical Personnel:

   – Articles 19 and 20: These articles extend protection to non-combatants and civilian medical personnel accompanying the armed forces, prohibiting their attack or capture solely based on their medical or religious activities.

Geneva Convention I lays the foundation for humanitarian principles in armed conflicts, emphasizing the protection and care of the wounded and sick. By establishing rules for the humane treatment of individuals in distress, irrespective of their affiliation, the convention reflects a collective commitment to mitigate the impact of warfare on those most vulnerable. Adherence to these principles contributes to fostering a more humane and compassionate approach to armed conflicts on the international stage.

Geneva Convention II

Geneva Convention II, adopted in 1929, is the second treaty among the Geneva Conventions, constituting a crucial component of international humanitarian law. This convention primarily addresses the protection and humane treatment of wounded, sick, and shipwrecked members of armed forces at sea during armed conflicts.

Key Provisions

  1. Scope and Applicability:

   – Article 2: Defines the scope and application of the convention, specifying its relevance to wounded, sick, and shipwrecked members of armed forces at sea during armed conflicts, regardless of their nationality.

  1. Protection of the Wounded, Sick, and Shipwrecked at Sea:

   – Articles 12 to 18: Establishes rules for the protection and humane treatment of the wounded, sick, and shipwrecked, emphasizing non-discrimination and adequate medical care on board naval vessels.

  1. Shipwrecked Individuals:

   – Articles 18 to 23: Outlines specific provisions for the protection and care of shipwrecked individuals, including their humane treatment, repatriation, or internment as the situation requires.

  1. Identification and Marking:

   – Article 43: Introduces the distinctive emblem of a red cross or red crescent on a white background for identification and marking of ships, aircraft, and floating medical facilities.

  1. Neutral Status of Hospital Ships and Safety Zones:

   – Articles 22 to 31: Defines the neutral status of hospital ships and emphasizes the creation of safety zones for the protection of medical units and establishments at sea.

Geneva Convention II plays a vital role in extending humanitarian principles to maritime settings during armed conflicts. By delineating specific guidelines for the treatment of the wounded, sick, and shipwrecked at sea, the convention contributes to mitigating the impact of warfare on individuals in these situations. The establishment of a framework for the identification of medical facilities and the neutral status of hospital ships reflects a commitment to upholding humane standards even in the challenging and dynamic environment of naval warfare.

Geneva Convention III

Geneva Convention III, established in 1929, is the third treaty within the Geneva Conventions, playing a pivotal role in defining the treatment of prisoners of war during armed conflicts. This convention sets out comprehensive guidelines to ensure the humane and respectful treatment of individuals captured by parties to the conflict.

Key Provisions

  1. Definition and Treatment of Prisoners of War:

   – Articles 4 to 32: Defines the criteria for individuals to be considered prisoners of war and establishes detailed rules for their humane treatment, emphasizing protection against violence, intimidation, and insults.

  1. Conditions of Internment:

   – Articles 21 to 32: Outlines specific conditions for the internment of prisoners of war, including provisions for accommodation, food, hygiene, and medical care, with an emphasis on gender-specific requirements.

  1. Protection of Wounded and Sick Prisoners of War:

   – Articles 33 to 41: Extends protection to wounded and sick prisoners of war, ensuring they receive prompt and adequate medical care, and prohibits any discrimination based on race, nationality, or political affiliation.

  1. Labor of Prisoners of War:

   – Articles 49 to 57: Sets guidelines for the type of labor prisoners of war may be required to perform, ensuring it is not excessive, degrading, or dangerous to their health, and that they receive appropriate remuneration.

  1. Repatriation and Release:

   – Articles 107 to 117: Establishes rules for the repatriation and release of prisoners of war at the end of hostilities, ensuring their swift return to their home country.

Geneva Convention III addresses the treatment of prisoners of war, providing a comprehensive framework to safeguard their rights and well-being during armed conflicts. By delineating specific guidelines for their humane treatment, including provisions for medical care, internment conditions, and eventual release, the convention reflects the international commitment to uphold the dignity of individuals, even in the challenging context of warfare. Adherence to these principles contributes to fostering a more humane approach to the treatment of prisoners of war and mitigates the impact of armed conflicts on those captured during hostilities.

Geneva Convention IV

Geneva Convention IV, established in 1949, is the fourth and final treaty within the Geneva Conventions, forming a crucial part of international humanitarian law. This convention addresses the protection of civilians in times of armed conflict and occupies a central role in defining the rights and treatment afforded to those who are not or are no longer taking part in hostilities.

Key Provisions

  1. General Protection of Civilians:

   – Article 3: Outlines fundamental guarantees and protections for individuals taking no active part in hostilities, including non-discrimination, humane treatment, and respect for their person and dignity.

  1. Protection of Civilian Populations:

   – Articles 13 to 16: Establishes rules for the protection of civilian populations during armed conflicts, including provisions for humane treatment, respect for family unity, and protection against pillage and reprisals.

  1. Treatment of Protected Persons:

   – Articles 27 to 34: Details the rights and protections afforded to protected persons, including provisions for humane treatment, religious freedom, and the prohibition of corporal punishment and torture.

  1. Occupied Territories:

   – Articles 42 to 78: Elaborates on the responsibilities of the occupying power in territories under occupation, ensuring the well-being and rights of the civilian population, protection of cultural property, and humane treatment of prisoners of war.

  1. Medical and Religious Personnel:

   – Articles 24 and 25: Extends protection to medical and religious personnel who are part of the civilian population, ensuring their immunity from attack and allowing them to carry out their duties without hindrance.

Geneva Convention IV is a comprehensive treaty that sets forth essential principles for the protection of civilians in times of armed conflict. By addressing the rights and humane treatment of individuals who find themselves in the midst of war, whether due to occupation or displacement, the convention reinforces the humanitarian commitment to preserving human dignity and alleviating the suffering of vulnerable populations during tumultuous times. The provisions within Geneva Convention IV aim to strike a balance between the necessities of military operations and the imperative to protect the most vulnerable members of society.

Conclusion

The Geneva Conventions I, II, III and IV collectively form a crucial framework for humanitarian protections during armed conflicts. While Geneva Convention I and II address the treatment of military personnel, whether on land or at sea, and Geneva Convention III addresses the treatment of prisoners of war; Geneva Convention IV extends these protections to civilians and outlines guidelines for the humane treatment of prisoners of war. Together, these conventions aim to mitigate the impact of armed conflicts on vulnerable populations and promote humanity in times of war.

The Writer Md. Shawkat Alam Faisal, Apprentice Lawyer.