Geneva Conventions Essay

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The Geneva Conventions are a series of treaties concerning the treatment of prisoners and civilians in times of war. The Geneva Conventions have a long history and were developed over many years and through a number of wars.

The History Of The Geneva Conventions

In 1864, in Geneva, Switzerland, twelve European nations enacted the Convention for the Amelioration of the Wounded in Armies in the Field, formally known as the Red Cross Convention. It was ratified by most major powers by 1867 and later by the United States in 1882. The Convention provided basic protections for the ambulances, hospitals, and medical personnel of all armies, including civilian personnel treating wounded soldiers. It was the first treaty to recognize the red cross as a universal symbol to identify medical personnel.

In 1906, also in Geneva, thirty-five nations created the Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. It, too, was formally known to as the Red Cross Convention. It superseded, yet maintained the effectiveness of, the Red Cross Convention of 1864. It expanded protections for soldiers who were sick and wounded to include protection from robbery and ill treatment. It also required certain protections for the dead and for material used in the care of the sick and wounded soldiers.

The next of the Geneva Conventions treaties was enacted at The Hague on October 18, 1907, by forty-four nations. It was titled the Adaptation to Maritime Warfare of Principles of the 1906 Geneva Convention; it applied the principles adopted in the 1906 Geneva Convention to maritime warfare and outlined specific protections for hospital ships.

On July 27, 1929, again in Geneva, forty-seven nations, including the United States, enacted the Convention for the Amelioration of the Condition of the Wounded and Sick of Armies in the Field along with Convention Relative to the Treatment of Prisoners of War. Like the previous two meetings in Geneva concerning the treatment of soldiers and civilians during times of war, it was formally known as the Red Cross Convention. It superseded the Red Cross Conventions of 1864 and 1906, and it presented additional protections, including reporting of compliance with the protections to a neutral information agency, routine inspection of POW facilities by medical personnel, protection for medical aircraft, and suppression of abuse through domestic legal means. During World War II (1939–1945), this Geneva Convention was in force.

After the experiences of World War II, the major nations of the world met to improve the protections granted by the Geneva Conventions and the Hague Conventions. On August 12, 1949, in Geneva, Switzerland, the nations enacted the four current Geneva Conventions.

The Geneva Conventions Today

Geneva Convention I, the Convention for the Amelioration of the Wounded and Sick in Armed Forces in the Field, provided and expanded the protections of the Geneva Convention of 1929. Both medical and religious personnel were included in the protections, as were civilians and laborers attached to military forces in the field and those inhabitants of invaded areas who spontaneously took up arms to resist an approaching enemy. The Convention prohibited the military forces holding prisoners of war from discriminating based on the prisoners’ sex, race, nationality, religion, and political opinion. The Convention also required that the military forces publicly identify the combatants or civilians who were being held in custody or who had died and that all prisoners of war had the right to a fair trial and defense if accused of wrongdoing.

Geneva Convention II, the Convention for the Amelioration of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, revised the Tenth Hague Convention of 1907 and applied the same protections expressed in Geneva Convention I of 1949 for maritime personnel and medical vessels, although restrictions were placed on hospital ships such that they could not be used for military purposes and could not use secret codes.

Geneva Convention III, the Convention Relative to the Treatment of Prisoners of War, incorporated Geneva Convention I, providing the same protections as the Geneva Convention of 1929 but clarifying and expanding them. It defined as a prisoner of war the following classes of captured persons: a member of the armed forces; a member of a militia or volunteer corps; a member of a resistance group that has distinctive emblems capable of being seen at a distance, openly carries arms, and acts in accordance with the laws of war; civilians or laborers attached to military forces; and civilians who spontaneously take up arms to resist an approaching enemy and who respect the laws of war. Prisoners of war were required to provide certain identifying information, which the captors were required to report to the prisoners’ home nations. Prisoners had to be given reasonable food, water, shelter, clothing, and medical care; were allowed to be used for certain labor, but had to be removed from the war zone; and were allowed to make complaints but were subject to judicial or disciplinary proceedings for misconduct.

Geneva Convention IV, the Convention Relative to the Protection of Civilian Persons in Time of War, addressed how to treat civilians in a war zone, which had not been addressed by the previous Geneva Conventions. Under Geneva Convention IV, a civilian not taking active part in the hostilities was to be treated without violence, with honor, with respect for family rights, with respect for religious practices, and with no insults or humiliation. They were to be protected from coercion designed to obtain information about third parties and were to suffer no discrimination based on race, religion, age, sex, or political opinions. They could be compelled to work in occupations relative to necessary food, shelter, clothing, transport, or medical services, all of which had to be nonmilitary, and they had to be paid wages. Civilians could be interned, but only if absolutely necessary, and internees had to be allowed access to the courts. Internees were generally afforded the same protections presented in Geneva Convention I—they had to be allowed reasonable food, water, clothing, shelter, medical care, and religious activities and access to a canteen to purchase goods at market value. All internees had to be reported to the protecting power and were to be allowed communication and receive relief consignments. If they were charged with misconduct, they were to be given a fair trial and the right to appeal. The occupying power could requisition food, medical supplies, or other goods from them only when fair market value was paid and civilian needs were taken into account.

As with all political solutions to political problems, the Geneva Conventions have not fully solved the problems concerning the treatment of prisoners of war and civilians. Enforcement is difficult. However, they are an attempt to bring some humanity to the otherwise inhumane activity of war.

Bibliography:

  1. Carter, Barry, and Phillip Trimble. International Law. Boston: Little, Brown, 1991.
  2. Friedman, Leon, ed. The Law of War: A Documentary History. New York: Random House, 1972.
  3. International Committee of the Red Cross and Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War. The Geneva Conventions of August 12, 1949. Geneva:The Committee, 1981.
  4. Jennings, R., and A.Watts, eds. Oppenheim’s International Law. 9th ed. London: Longman, 1996.
  5. Miller, Richard, ed. The Law of War. Lexington, Mass.: D. C. Heath, 1975.
  6. Roberts, Adam, and Richard Guelff, eds. Documents on the Laws of War. Oxford: Clarendon Press, 1982.
  7. Sieghart, Paul. The International Law of Human Rights. Oxford: Clarendon Press, 1983.
  8. United Nations. United Nations Charter. New York: Fiftieth Anniversary Secretariat, 1995.

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