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Geneva Conventions and Humanitarian Law - Prof. Das, Summaries of Intellectual Property (IP)

An in-depth analysis of the geneva conventions and additional protocols, focusing on their role in establishing minimum protections and humane treatment standards for victims in armed conflicts. Various aspects of the conventions, including their history, ratifications, and application to different types of conflicts. It also discusses the protections afforded to wounded and infirm soldiers, prisoners of war, and civilians, as well as the prohibition of torture and other forms of inhumane treatment.

Typology: Summaries

2023/2024

Uploaded on 04/02/2024

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Geneva Convention
The Geneva Conventions and Additional Protocols constitute Public International
Law, focusing on Humanitarian Law in armed conflicts. They establish minimum
protections and humane treatment standards for victims, including civilians,
prisoners of war, and incapacitated soldiers. Initiated by the International
Committee for the Red Cross, the first Convention aimed at safeguarding
wounded and sick soldiers. Originating in Geneva, the Conventions expanded after
World War II, entering into force on October 21, 1950, with new treaties
addressing diverse aspects of armed conflict.
The Geneva Conventions of 1949 saw a gradual Increase in ratifications: 74 in the
1950s, 48 in the 1960s, 20 in the 1970s, and another 20 in the 1980s. The early
1990s saw 26 ratifications, notably after the Soviet Union, Czechoslovakia, and
Yugoslavia breakup. Post-2000, seven more countries ratified, totaling 194 States.
While universally ratified, the Additional Protocols from 1977 have 168 States for
Protocol I and 164 for Protocol II, making them widely accepted legal instruments
globally.
Convention I:
This Convention protects wounded and infirm soldiers and medical personnel who
are not taking active part in hostility against a Party. It ensures humane treatment
without discrimination founded on race, color, sex, religion or faith, birth or
wealth, etc. To that end, the Convention prohibits torture, assaults upon personal
dignity, and execution without judgment (Article 3). It also grants the right to
proper medical treatment and care.
Convention II:
This agreement extended the protections described in the first Convention to
shipwrecked soldiers and other naval forces, including special protections afforded
to hospital ships.
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Geneva Convention

The Geneva Conventions and Additional Protocols constitute Public International Law, focusing on Humanitarian Law in armed conflicts. They establish minimum protections and humane treatment standards for victims, including civilians, prisoners of war, and incapacitated soldiers. Initiated by the International Committee for the Red Cross, the first Convention aimed at safeguarding wounded and sick soldiers. Originating in Geneva, the Conventions expanded after World War II, entering into force on October 21, 1950, with new treaties addressing diverse aspects of armed conflict. The Geneva Conventions of 1949 saw a gradual Increase in ratifications: 74 in the 1950s, 48 in the 1960s, 20 in the 1970s, and another 20 in the 1980s. The early 1990s saw 26 ratifications, notably after the Soviet Union, Czechoslovakia, and Yugoslavia breakup. Post-2000, seven more countries ratified, totaling 194 States. While universally ratified, the Additional Protocols from 1977 have 168 States for Protocol I and 164 for Protocol II, making them widely accepted legal instruments globally. Convention I: This Convention protects wounded and infirm soldiers and medical personnel who are not taking active part in hostility against a Party. It ensures humane treatment without discrimination founded on race, color, sex, religion or faith, birth or wealth, etc. To that end, the Convention prohibits torture, assaults upon personal dignity, and execution without judgment (Article 3). It also grants the right to proper medical treatment and care. Convention II: This agreement extended the protections described in the first Convention to shipwrecked soldiers and other naval forces, including special protections afforded to hospital ships.

Convention III: One of the treaties created during the 1949 Convention, this defined “Prisoner of War,” and accorded such prisoners proper and humane treatment as specified by the first Convention. Specifically, it required POWs to give only their names, ranks, and serial numbers to their captors. Nations party to the Convention may not use torture to extract information from POWs. Convention IV: Under this Convention, civilians are afforded the same protections from inhumane treatment and attack afforded to sick and wounded soldiers in the first Convention. Further, additional regulations regarding the treatment of civilians were introduced. Specifically, it prohibits attacks on civilian hospitals, medical transports, etc. It also specifies the rights of internees (POWs) and saboteurs. Finally, it discusses how occupiers are to treat an occupied populace. Protocol I: The signing Nations agreed to further restrictions on the treatment of “protected persons” according to the original Conventions, and clarification of the terms used In the Conventions was introduced. Finally, new rules regarding the treatment of the deceased, cultural artifacts, and dangerous targets (such as dams and nuclear installations) were produced. Protocol II: In this Protocol, the fundamentals of “humane treatment” were further clarified. Additionally, the rights of interned persons were specifically enumerated, providing protections for those charged with crimes during wartime. It also identified new protections and rights of civilian populations. Protocol III:

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 (a military action undertaken without 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 nation “accepts and applies the provisions” of the Conventions. Enforcement of the Geneva Conventions The Geneva Conventions provide for universal jurisdiction, as opposed to a more traditional (and limited) territorial jurisdiction that was designed to respect the sovereignty of States over their citizens. The doctrine of universal jurisdiction is based on the notion that some crimes, such as genocide, crimes against humanity, torture, and war crimes, are so exceptionally grave that they affect the fundamental interests of the international community as a whole. It renders the convicts or accused of such crimes to the jurisdiction of all signatory States, regardless of their nationality or territoriality of their crime. Every State bound by the treaties is under the legal obligation to search for and prosecute those in its territory suspected of committing such crimes, regardless of the nationality of the suspect or victim, or of the place where the act was allegedly committed. The State may hand the suspect over to another State or an international tribunal for trial. Where domestic law does not allow for the exercise of universal jurisdiction, a State must introduce the necessary domestic legislative provisions before it can do so, and must actually exercise the jurisdiction, unless it hands the suspect over to another country or international tribunal.

  • Prisoner Of War

The provision related to Prisoners of War is primarily outlined in the Third Geneva Convention of 1949, with additional details provided in the 1977 Additional Protocol I. Here are key provisions:

  1. Third Geneva Convention (1949):
    • Article 4.A defines the categories of persons entitled to prisoner-of-war status, including members of armed forces, militias, volunteer corps, and civilians who spontaneously take up arms to resist invading forces.
    • Article 4.B extends the status to persons belonging to the armed forces of the occupying country, even if originally liberated during hostilities outside the occupying territory.
  2. Additional Protocol I (1977):
    • Articles 43 and 44 expand the definition of combatants, including armed groups not formally belonging to regular armed forces and civilians directly participating in a conflict.
    • Article 45.1 states that a person who takes part in hostilities and falls into the hands of an adverse party shall be presumed to be a prisoner of war, enjoying protection under the Third Convention until their status is determined by a competent tribunal. The provisions emphasize protection for those who fall into enemy hands, prohibiting torture or coercion for information and preventing prosecution solely for participating in a conflict. The concept of “unlawful combatants” is discredited in humanitarian law, with a focus on procedural guarantees to determine civilian or combatant status and entitlement to the protections of a prisoner of war.
  • Civilian
  1. Other Categories of Protected Persons (International Armed Conflict):
    • Persons detained, interned, or otherwise deprived of liberty are protected
    • The population of an occupied territory is protected
    • Women and children are protected
  2. Rights of Protected Persons (Non-International Armed Conflict):
    • Everyone not participating in hostilities is entitled to fundamental guarantees
    • The civilian population and objects indispensable to survival are protected
    • Persons deprived of liberty, wounded and sick, and medical personnel have specific protection
  3. IInternational Criminal Court (ICC):
    • The ICC Statute includes provisions addressing war crimes, including intentional attacks against medical personnel, personnel using distinctive emblems, and personnel involved in humanitarian assistance or peacekeeping missions