The Geneva Convention

Articles referred to in this entry are from http://en.wikipedia.org/wiki/Geneva_Convention


Background

The Conventions were the results of efforts by Henry Dunant, who was motivated by the horrors of war he witnessed at the Battle of Solferino in 1859. In 1977 and 2005 three separate amendments, called protocols, were made part of the Geneva Conventions.
The adoption of the First Convention followed the foundation of the International Committee of the Red Cross in 1863. The text is given in the Resolutions of the Geneva International Conference, Geneva, 26-29 October 1863.
As of 2 August 2006,[1] when the Republic of Montenegro adopted the four conventions, they have been ratified by 194 countries.
As per article 49, 50, 129 and 146 of the Geneva Conventions I, II, III and IV, respectively, all signatory states are required to enact sufficient national laws that make grave violations of the Geneva Conventions a punishable criminal offense.


The First Convention
The First Geneva Convention is one of several Geneva Conventions. It is more formally known as the Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, 1864. It covers the treatment of battlefield casualties and was adopted in 1864 as part of the establishment of the International Red Cross and Red Crescent Movement.
The convention was inspired by the experiences of a Swiss businessman, Henri Dunant, who witnessed the sufferings of 40,000 soldiers wounded during a bloody conflict in 1859 between French-Piedmontese and Austrian armies after the Battle of Solferino. There was no mechanism in place to arrange truces to retrieve the wounded, who were typically left to perish of their wounds or of thirst.
Dunant rallied nearby villagers to render what relief they could, insisting on impartiality between the sides. He later wrote a book, A Memory of Solferino, that described the horrors he had seen and called for the establishment of civilian volunteer relief corps to care for the wounded in battle.
In 1863, the Geneva Society for Public Welfare took up his cause and created a committee of five, which later became known as the International Committee of the Red Cross. On August 22, 1864, this committee brought together the representatives of 16 European states who adopted the first Geneva Convention, a treaty designed to save lives, to alleviate the suffering of wounded and sick military personnel, and to protect civilians in the act of rendering aid. The conference also established the red cross on a white field (the reverse of the Swiss flag) as the protective emblem for those serving the wounded.
As of 27 June 2006, when Nauru adopted the convention, it had been ratified by 194 countries.



The Second Convention
The Second Geneva Convention of 1906, "Convention for the Amelioration of the Condition of the Wounded in Armies in the Field" (Geneva, 6 July 1906) extended the principles from the First Geneva Convention of 1864 on the treatment of battlefield casualties. The Convention of 1906 should not be confused with "Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea" (Geneva, 12 August 1949).
As of 27 June 2006, when Nauru adopted the convention, it has been ratified by 194 countries.



The Third Convention
The Third Geneva Convention (or GCIII) of 1949, one of the Geneva Conventions, is a treaty agreement that primarily concerns the treatment of prisoners of war (POWs), and also touched on other topics. It replaced the Geneva Convention (1929).

General Provisions
This part sets out the overall parameters for GCIII:
Articles 1 and 2 cover which parties are bound by GCIII
Article 2 specifies when the parties are bound by GCIII
That any armed conflict between two or more "High Contracting Parties" is covered by GCIII;
That it applies to occupations of a "High Contracting Party";
That the relationship between the "High Contracting Parties" and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. "...Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof."
Article 3 describes minimal protections which must be adhered to by all individuals within a signatory's territory during an armed conflict not of an international character (regardless of citizenship or lack thereof): Noncombatants, combatants who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, including prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment. The passing of sentences must also be pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. Article 3's protections exist even if one is not classified as a prisoner of war. Article 3 also states that parties to the internal conflict should endeavour to bring into force, by means of special agreements, all or part of the other provisions of GCIII.
Article 4 defines prisoners of war to include:
4.1.1 Members of the armed forces of a Party to the conflict and members of militias of such armed forces
4.1.2 Members of other militias and members of other volunteer corps, including those of organized resistance movements, provided that they fulfill all of the following conditions:
that of being commanded by a person responsible for his subordinates;
that of having a fixed distinctive sign recognizable at a distance (there are limited exceptions to this among countries who observe the 1977 Protocol I);
that of carrying arms openly;
that of conducting their operations in accordance with the laws and customs of war.
4.1.3 Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power.
4.1.4 Civilians who have non-combat support roles with the military and who carry a valid identity card issued by the military they support.
4.1.5 Merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
4.1.6 Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
4.3 makes explicit that Article 33 takes precedence for the treatment of medical personnel of the enemy and chaplains of the enemy.
Article 5 specifies that prisoners of war (as defined in article 4) are protected from the time of their capture until their final repatriation. It also specifies that when there is any doubt as to whether a combatant belongs to the categories in article 4, they should be treated as such until their status has been determined by a competent tribunal.
The treatment of prisoners who do not fall into the categories described in Article 4 has led to the current controversy regarding the Bush Administration's interpretation of "unlawful combatants". The phrase "unlawful combatants", although not appearing in the Convention itself, has been used since at least the 1940s to describe prisoners not subject to the protections of the Convention.


The Fourth Convention
The Fourth Geneva Convention (or GCIV) relates to the protection of civilians during times of war "in the hands" of an enemy and under any occupation by a foreign power. This should not be confused with the better known Third Geneva Convention, which deals with the treatment of prisoners of war. The convention was published on August 12, 1949, at the end of a conference held in Geneva from April 21 to August 12, 1949. The convention entered into force on October 21, 1950.
As of 27 June 2006, when Nauru adopted the convention, it has been ratified by 194 countries.

Part I. General Provisions
This sets out the overall parameters for GCIV:
Article 2 states that signatories are bound by the convention both in war, armed conflicts where war has not been declared and in an occupation of another country's territory.
Article 3 states that even where there is not a conflict of international character the parties must as a minimum adhere to minimal protections described as: noncombatants, members of armed forces who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, with the following prohibitions:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;(b) taking of hostages;(c) outrages upon personal dignity, in particular humiliating and degrading treatment;(d) 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.
Article 4 defines who is a Protected person Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals. But it explicitly excludes Nationals of a State which is not bound by the Convention and the citizens of a neutral state or an allied state if that state has normal diplomatic relations with in the State in whose hands they are.
A number of articles specify how Protecting Powers, ICRC and other humanitarian organizations may aid Protected persons.
Protected person is the most important definition in this section because many of the articles in the rest of GCIV only apply to Protected persons.
Article 5 is currently one of the most controversial articles of GCIV, because it forms, (along with Article 5 of the GCIII and parts of GCIV Article 4,) the Administration of the USA's interpretation of unlawful combatants.