Geneva Conventions: Rules of Warfare and Humanitarian Principles

By Fouad Sabry

What is Geneva Conventions

The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939-1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone.

How you will benefit

(I) Insights, and validations about the following topics:

Chapter 1: Geneva Conventions

Chapter 2: International Red Cross and Red Crescent Movement

Chapter 3: War crime

Chapter 4: Fourth Geneva Convention

Chapter 5: Unlawful combatant

Chapter 6: Law of war

Chapter 7: Combatant

Chapter 8: Non-combatant

Chapter 9: Second Geneva Convention

Chapter 10: First Geneva Convention

(II) Answering the public top questions about geneva conventions.

Who this book is for

Professionals, undergraduate and graduate students, enthusiasts, hobbyists, and those who want to go beyond basic knowledge or information for any kind of Geneva Conventions.

• Language: English
• Publisher: One Billion Knowledgeable
• Release date: Jun 3, 2024

Book preview

Chapter 1: Geneva Conventions

The Geneva Conventions are comprised of four treaties and three supplemental protocols that define worldwide legal norms for humane treatment in times of war. The singular phrase Geneva Convention typically refers to the 1949 agreements, negotiated in the aftermath of World War II (1939–1945), that revised the wording of the two 1929 treaties and added two new conventions. The Geneva Conventions specify in great detail the fundamental rights of prisoners of war, civilians, and military personnel, establish provisions for the wounded and ill, and offer safety for populations in and around a conflict zone.

The Geneva Convention outlines the safeguards and rights accorded to noncombatants. 196 countries accepted the accords of 1949 in full entirety or with reservations. The Geneva Conventions only apply to prisoners and noncombatants during armed conflict. The Hague Conventions of 1899 and 1907, which address conventional weapons, and the Geneva Protocol, which addresses biological and chemical warfare, address the employment of weapons of war.

In 1859, the Swiss industrialist Henry Dunant visited injured soldiers during the Battle of Solferino. He was astounded by the lack of available facilities, staff, and medical aid for these men. In 1862, he released A Memory of Solferino, a book on the hardships of war. Dunant's military experiences inspired his proposal:

A permanent organization that provides humanitarian aid in times of war

A government accord acknowledging the agency's neutrality and permitting it to give aid in a conflict zone.

The previous idea resulted in the founding of the Red Cross in Geneva. The latter resulted in the Geneva Convention of 1864, the first formalized international treaty covering wounded soldiers on the battlefield. The Swiss government invited the governments of all European nations, the United States, Brazil, and Mexico to an official diplomatic meeting on 22 August 1864. To Geneva, sixteen countries sent a total of twenty-six delegates. The conference approved the first Geneva Convention for the Improvement of the Condition of the Wounded in Field Armies on 22 August 1864. Representatives from twelve states and kingdoms signed the agreement:

Swiss Confederation

Grand Duchy of Baden

Kingdom of Belgium

Kingdom of Denmark

Kingdom of Spain

French Empire

Grand Duchy of Hesse

Kingdom of Italy

Kingdom of the Netherlands

Kingdom of Portugal and the Algarves

Kingdom of Prussia

Kingdom of Württemberg

In 1901, Henry Dunant was co-recipient of the first Nobel Peace Prize for these two achievements.

In 1949, a series of conferences were convened to reaffirm, enlarge, and update the Geneva and Hague Conventions. These conferences were inspired by the humanitarian and pacifist fervor that followed World War II, as well as the indignation at the Nuremberg Trials' exposure of war crimes. It produced four separate conventions:

The First Geneva Agreement for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field was the fourth revision of the original 1864 treaty and superseded the 1929 convention on the same subject.

The 1907 Hague Convention (X) was replaced by the Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea..

The Third Geneva Convention replaced the 1929 Geneva Convention that dealt with prisoners of war.

In addition to these three treaties, the conference added the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War. It was the first Geneva Convention that did not deal with combatants, instead focusing on the protection of civilians. The Hague Conventions of 1899 and 1907 already included safeguards for the protection of civilians and occupied land. Article 154 specifies that the Fourth Geneva Convention is supplemental to these Hague Conventions requirements.

Despite the length of these documents, it was discovered over time that they were insufficient. With the beginning of the Cold War, the nature of armed conflicts changed, leading many to believe that the 1949 Geneva Conventions addressed a largely extinct reality: on the one hand, the majority of armed conflicts had become internal, or civil wars, while on the other hand, the majority of wars had become increasingly asymmetric. Modern armed conflicts were taking an ever-increasing toll on civilians, necessitating the need to provide civilian individuals and objects with tangible protections during war, necessitating an amendment to the 1899 and 1907 Hague Conventions.

In light of these changes, two Protocols extending the 1949 Conventions with additional provisions were adopted in 1977. In 2005, a third short Protocol was added that established the Red Crystal as an alternative to the omnipresent Red Cross and Red Crescent emblems for those nations that find them offensive.

The Geneva Conventions were signed on August 12, 1949. Commentary (The Commentary) is a four-volume book series giving commentaries to each of the four Geneva Conventions, published between 1952 and 1958. Jean Pictet, who was the vice-president of the International Committee of the Red Cross, edited the series. Commentaries are frequently relied upon for authoritative article interpretation.

The Geneva Conventions are rules that only apply during times of armed conflict and seek to protect those who are not or are no longer participating in hostilities, including the sick and wounded of armed forces on the battlefield, wounded, sick, and shipwrecked members of armed forces at sea, prisoners of war, and civilians. The first convention addressed the treatment of wounded and sick military personnel on the battlefield.

Convention, in international law and diplomacy, refers to an international accord or treaty.

The 1864 First Geneva Convention for the Improvement of the Condition of the Wounded and Sick in Armed Forces in the Field, The Second Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (first adopted in 1949, successor to the Hague Convention (X) of 1907) stipulates the treatment of wounded, sick, and shipwrecked members of armed forces at sea; Adopted for the first time in 1929, the Third Geneva Convention Relating to the Treatment of Prisoners of War, The Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War (originally enacted in 1949, based on portions of the Hague Convention (II) of 1899 and Hague Convention (IV) of 1907) was adopted to ensure the protection of civilians during war.

Three amendment protocols have been added to the 1949 conventions:

The Protocol I (1977) for the Protection of Victims of International Armed Conflicts

The Protocol II (1977) for the Protection of Victims of Non-International Armed Conflicts

Protocol III (2005) concerning the Adoption of a Further Distinctive Emblem

In times of war and armed conflict, the Geneva Conventions apply to governments that have accepted its stipulations. Articles 2 and 3 of the Common Law outline the specifics of applicability.

This article states that the Geneva Conventions apply to all international conflicts in which at least one government has ratified them. Primarily:

All circumstances of declared war between signatory nations are covered by the Conventions. This is the original, pre-1949 meaning of applicability.

The Conventions apply to all armed conflicts involving two or more signatory states. This term was adopted in 1949 to accommodate situations, such as a police action, that have all the elements of war without a formal declaration of war.

A signatory nation is bound by the Conventions even if the opposing nation is not a signatory, but only if the opposing nation accepts and applies the terms of the Conventions.

Article 1 of Protocol I states further that military conflicts against colonial dominance and foreign occupation are also international conflicts.

When the prerequisites for international conflict are met, it is believed that the full protections of the Conventions apply.

This article states that certain minimum rules of war apply to armed confrontations that are not of an international nature.

Persons taking no active part in the hostilities, including members of the armed forces who have laid down their arms and those placed hors de combat by illness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any discrimination based on race, color, religion or faith, sex, birth or wealth, or other comparable criteria. To this aim, the following actions against the aforementioned individuals are and must remain illegal at all times and in all places::

Violence against life and the person, including all forms of murder, mutilation, brutal treatment, and torture; capture of hostages; outrages against human dignity, especially humiliating and degrading treatment; and

The imposition of sentences and the carrying out of executions without a prior ruling by