Geneva Conventions

[unhappycamper]

Geneva Conventions
From Wikipedia, the free encyclopedia

The 1864 treaty of the First Geneva Convention

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."

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 Nuremberg 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.

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)


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.



I know we no longer (officially) torture but I'm not sure if we adhere to the Geneva Conventions yet. I hope President Obama likes this law enough to adhere to it.

Life is strange, eh?

[youmayberight]

1. Senate Judiciary Human Rights and the Law Subcommittee hearing

This Wednesday, the Human Rights and the Law Subcommittee of the Senate Judiciary Committee is holding its first-ever hearing on implementation of already-ratified human rights treaties. Any written statements can be sent to Heloisa at [e-mail]. Any statements received by December 14 will be entered into the record at the hearing but the record will be kept open for a week after the hearing for additional statements.

[gimama]

2. strange, & shocking.. & needs OUR attention

The wars are just wrong, in every way..I don't believe the abuse has stopped,prosecuting the previous admin. for their war crimes would help me believe "we don't torture" NOW. This brings up SO many issues for me..thank YOU for posting this. As Amnesty IntN'l says, "The America I believe in, DOESN'T Torture!".
please ck out..
http://rethinkafghanistan.com Robert Greenwald has a petition against the escalation,that needs du help.. Rep. Grayson will read it in the House on Tues. If You agree with the petition statement, please sign/share widely. Oh,& Greenwald will also be on the Ed Show, Mon.

[TexasObserver]

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