A Summary of the Geneva Conventions and Additional Protocols

Activity Sheet 19 A Summary of the Geneva Conventions and Additional Protocols

Name______

Protecting the Victims of War Committee of the Red Cross) formed in Geneva in 1863 to act on Dunant’s suggestions. Several months International humanitarian law (IHL) is the branch of later, diplomats from 16 nations, assisted by international law that encompasses both humanitarian representatives of military medical services and principles and international treaties that seek to save humanitarian societies, negotiated a convention (treaty) lives and alleviate suffering of both combatants and containing 10 articles specifying that— noncombatants during armed conflicts. • Ambulances, military hospitals, and the personnel IHL’s principal legal documents are the Geneva serving with them are to be recognized as neutral Conventions of 1949 — four international treaties and protected during conflict. signed by almost every nation in the world. These Conventions provide specific rules to safeguard • Citizens who assist the wounded are to combatants (members of the armed forces) who are be protected. wounded, sick, or shipwrecked; prisoners of war; and civilians; as well as medical personnel, military •Wounded or sick combatants are to be collected chaplains, and civilian support workers of the military. and cared for by either side in a conflict. The 1977 Additional Protocols, which supplement the • The symbol of a red cross on a white background Geneva Conventions, further expand these (the reverse of the Swiss flag in honor of the origin humanitarian rules. of this initiative) will serve as a protective emblem International humanitarian law is founded on the to identify medical personnel, equipment, and principles of humanity, impartiality, and neutrality. Its facilities. roots extend to such historic concepts of justice as Known as the Geneva Convention, this agreement Babylon’s Hammurabic Code, the Code of Justinian became the foundation of modern international from the Byzantine Empire, and the Lieber Code used humanitarian law, which now encompasses four during the United States Civil War. conventions and two additional protocols. Collectively, The development of modern international humanitarian they represent the world community’s modern efforts to law can be credited to the efforts of a 19th Century protect people in times of armed conflict. Swiss businessman, Henry Dunant. In 1859, he The Geneva Conventions of 1949 and Their witnessed the aftermath of a bloody battle among Additional Protocols of 1977 French and Austrian armies in Solferino, Italy. The departing armies left a battlefield littered with In 1949, an international conference of diplomats built wounded and dying men. Despite Dunant’s valiant on the earlier treaties for the protection of war victims, efforts to mobilize aid for the soldiers, thousands died. revising and updating them into four new conventions comprising 429 articles of law. These treaties, known In A Memory of Solferino, his book about the as the Geneva Conventions of August 12, 1949, have experience, Dunant proposed that volunteer relief been signed by almost every nation in the world. The groups be granted protection during war in order to Additional Protocols of 1977 supplement the Geneva care for the wounded. A group known as the Conventions. Committee of Five (later to become the International

FACING FEAR/6-8/Lesson Plan 8/Facts About Terrorism and War © 2001 by The American National Red Cross/Duplication allowed for classroom use only. Activity Sheet 19 A Summary of the Geneva Conventions and Additional Protocols page 2

The Geneva Conventions apply in all cases of Specific Provisions: declared war, or in any other armed conflict between nations. They also apply in cases where a nation is This Convention specifies that the wounded and partially or totally occupied by soldiers of another sick shall— nation, even when there is no armed resistance to that Art. 12 •Be respected and protected without occupation. discrimination on the basis of sex, Nations that ratify the Geneva Conventions must abide race, nationality, religion, political by certain humanitarian principles and impose legal beliefs, or other criteria. sanctions against those who violate them. Ratifying Art. 12 •Not be murdered, exterminated, nations must “enact any legislation necessary to or subjected to torture or biological provide effective penal sanctions for persons experiments. committing or ordering to be committed any of the grave breaches (violations)” of the Conventions. Art. 15 •Receive adequate care. Following is a basic overview of the Conventions Art. 15 •Be protected against pillage and and Protocols and a quick reference to the legal text ill- treatment. of the treaties. For a comprehensive listing of all legal Arts. 15-16 All parties in a conflict must search provisions, refer to the actual treaty documents The for and collect the wounded and sick, Geneva Conventions of August 12, 1949 and especially after battle, and provide Protocols additional to the Geneva Conventions the information to the Central Tracing of 12 August 1949. Agency of the International Committee The First Geneva Convention of the Red Cross (ICRC). (The Geneva Convention for the Amelioration of the Art. 9 This Convention, like the others, Condition of the Wounded and Sick in Armed Forces recognizes the right of the ICRC to in the Field of August 12, 1949) assist the wounded and sick. Red Cross The First Geneva Convention protects soldiers who are and Red Crescent national societies, hors de combat (out of the battle). The 10 articles of other authorized impartial relief the original 1864 version of the Convention have been organizations, and neutral governments expanded in the First Geneva Convention of 1949 to may also provide humanitarian service. 64 articles that protect— Local civilians may be asked to care for •Wounded and sick soldiers. the wounded and sick. • Medical personnel, facilities, and equipment. The Second Geneva Convention (The Geneva Convention for the Amelioration of the •Wounded and sick civilian support personnel Condition of Wounded, Sick and Shipwrecked accompanying the armed forces. Members of Armed Forces at Sea of August 12, 1949) • Military chaplains. The Second Geneva Convention adapts the protections • Civilians who spontaneously take up arms to repel of the First Geneva Convention to reflect conditions at an invasion. sea. It protects wounded and sick combatants while on board ship or at sea. Its 63 articles apply to—

•Armed forces members who are wounded, sick, The Third Geneva Convention or shipwrecked. (The Geneva Convention Relative to the Treatment of • Hospital ships and medical personnel. Prisoners of War of August 12, 1949) •Civilians who accompany the armed forces. The Third Geneva Convention sets out specific rules for the treatment of prisoners of war (POWs). The Specific Provisions: Convention’s 143 articles require that POWs be This Convention mandates that parties treated humanely, adequately housed, and receive in battle take all possible measures to sufficient food, clothing, and medical care. Its search for, collect, and care for the provisions also establish guidelines on labor, discipline, recreation, and criminal trial. Prisoners of war may Arts. 12, 18 wounded, sick, and shipwrecked. “Shipwrecked” refers to anyone who is include— adrift for any reason, including those • Members of the armed forces. forced to land at sea or to parachute from aircraft. •Volunteer militia, including resistance movements. Appeals can be made to neutral • Civilians accompanying the armed forces. vessels, including merchant ships and Specific Provisions: Art. 21 yachts, to help collect and care for the wounded, sick, and shipwrecked. Arts. 70-72, 123 Names of prisoners of war must be Those who agree to help cannot be sent immediately to the Central captured as long as they remain Tracing Agency of the ICRC. POWs neutral. are to be allowed to correspond with their families and receive relief Religious, medical, and hospital Arts. 13-14, 16 personnel serving on combat ships must packages. Arts. 36-37 be respected and protected. If Prisoners of war must not be captured, they are to be sent back to subjected to torture or medical their side as soon as possible. experimentation and must be Hospital ships cannot be used for any protected against acts of violence, military purpose. They cannot be Arts. 25-27, 30 insults, and public curiosity. Captors must not engage in any reprisals or Art. 22 attacked or captured. The names and descriptions of hospital ships must be discriminate on the basis of race, conveyed to all parties in the conflict. nationality, religious beliefs, political opinions, or other criteria. While a warship cannot capture a Art. 23 Female POWs must be treated with hospital ship’s medical staff, it can hold regard due their sex. Art. 14 the wounded, sick, and shipwrecked as prisoners of war, providing they can be Art. 17 POWs are required to provide to safely moved and that the warship has their captors only their name, rank, the facilities to care for them. date of birth, and military service number.

Arts. 50, 54 POWs must be housed in clean, adequate shelter, and receive the Common Article 3: food, clothing, and medical care Non-International Armed Conflicts necessary to maintain good health. They must not be held in combat areas where they are exposed to All four Geneva Conventions contain fire, nor can they be used to an identical Article 3 extending general “shield” areas from military coverage to non-international conflicts. Under operations. They may be required this article, those who have put down their to do non-military jobs under arms or are out of the conflict due to injury reasonable working conditions or sickness must be treated humanely, with- when paid at a fair rate. out any adverse discrimination based on Prisoners are subject to the laws of race, color, religion, sex, social status, or Arts. 82, 84 their captors and can be tried by wealth, or any other such criteria. Article 3 their captors’ courts. The captor specifically prohibits— shall ensure fairness, impartiality, and a competent advocate for the • “Violence to life and person, in par- prisoner. ticular murder of all kinds, mutilation, cruel treatment and torture; Arts. 109, 110 Seriously ill POWs must be repatri- ated (returned home). • Taking of hostages; When the conflict ends, all POWs Outrages upon personal dignity, in Art. 118 shall be released and, if they • request, be sent home without particular, humiliating and degrading delay. treatment; The ICRC is granted special rights • The passing of sentences and the Art. 125 to carry out humanitarian activities carrying out of executions without on behalf of prisoners of war. The previous judgment pronounced by a ICRC or other impartial regularly constituted court, affording humanitarian relief organizations all the judicial guarantees which are authorized by parties to the conflict recognized as indispensable by must be permitted to visit with civilized peoples.” prisoners privately, examine conditions of confinement to ensure the Conventions’ standards are The wounded and sick are also to be being met, and distribute relief collected and cared for. The ICRC or supplies. other impartial humanitarian body may offer its services.

The Fourth Geneva Convention Art. 18 mothers, and mothers of children under (The Geneva Convention Relative to the Protection of seven. Civilian hospitals and their staff Civilian Persons in Time of War of August 12, 1949) are to be protected. Medical supplies Arts. 55, 58 and objects used for religious worship Civilians in areas of armed conflict and occupied are to be allowed passage. territories are protected by the 159 articles of the Fourth Geneva Convention. Art. 40 Civilians cannot be forced to do military-related work for an occupying Specific Provisions: Art. 54 force. They are to be paid fairly for If security allows, civilians must be Arts. 79-135 Art. 64 any assigned work. Public officials will permitted to lead normal lives. They are be permitted to continue their duties. not to be deported or interned — Laws of the occupied territory will except for imperative reasons of remain in force unless they present a security. If internment is necessary, Arts. 33-34 security threat. conditions should be at least comparable to those set forth for Art. 55 Occupying powers are to provide food prisoners of war. Pillage, reprisals, and medical supplies as necessary to indiscriminate destruction of property, the population and maintain medical and the taking of hostages are Art. 59 and public health facilities. When that prohibited. is not possible, they are to facilitate relief shipments by impartial The safety, honor, family rights, Art. 27 humanitarian organizations such as the religious practices, manners, and ICRC. Red Cross or other impartial customs of civilians are to be respected. humanitarian relief organizations Civilians are to be protected from authorized by the parties to the conflict are to be allowed to continue their Arts. 32, 13 murder, torture, or brutality, and from discrimination on the basis of race, activities. nationality, religion, or political Arts. 33, 49 Arts. 89-91 Internees are to receive adequate food, opinion. They are not to be subjected clothing, and medical care, and be to collective punishment or deportation. protected from the dangers of war. This Convention provides for the care Information about internees is to be Arts. 24, 25 Art. 106 of children who are orphaned or sent to the Central Tracing Agency. Arts. 108, 107 separated from their families. The Internees have the right to send and ICRC’s Central Tracing Agency is also receive mail and receive relief authorized to transmit family news and shipments. Children, pregnant women, assist with family reunifications, with the Art. 132 mothers with infants and young help of Red Cross and Red Crescent children, the wounded and sick, and national societies. those who have been interned for a long time are to be released as soon Hospital and safety zones may be as possible. Art. 14 established for the wounded, sick, and aged, children under 15, expectant

The 1977 Protocols Additional to the Geneva Arts. 43-44 Protocol I seeks to clarify the military Conventions of 1949 status of members of guerrilla forces in the following manner. It includes In 1977, two Protocols supplementary to the Geneva provisions granting combatant and Conventions were adopted by an international prisoner of war status to members of diplomatic conference to give greater protection to dissident forces when under the victims of both international and internal armed command of a central authority. Such conflicts. combatants cannot conceal their Over 100 nations have ratified one or both Protocols, allegiance; they must be recognizable and they are under consideration by many others. Any as combatants while preparing for or nation that has ratified the Geneva Conventions but not during an attack. the Protocols is still bound by all provisions of the Art. 35 Use of weapons that “cause Conventions. superfluous injury or unnecessary Protocol I (102 Articles) suffering,” as well as means of warfare that “cause widespread, long-term, and (Protocol additional to the Geneva severe damage to the natural Conventions of 12 August 1949, and environment,” are prohibited. Relating to the Protection of Victims of International Armed Conflicts) Art. 85 It is a war crime to use one of the protective emblems recognized by the Protocol I expands protection for the civilian population Geneva Conventions to deceive the as well as military and civilian medical workers in opposing forces or to use other forms international armed conflicts. of treachery.

Arts. 17, 81 The ICRC, national societies, or other Specific Provisions: impartial humanitarian organizations authorized by parties to the conflict Arts. 51, 54 It outlaws indiscriminate attacks on must be permitted to provide civilian populations and destruction of assistance. food, water, and other materials needed for survival. Protocol II (28 Articles) Arts. 56, 53 Dams, dikes, and nuclear generating (Protocol additional to the Geneva stations may not be attacked, nor can Conventions of 12 August 1949, and cultural objects and places of worship. Relating to the Protection of Victims of Non-International Armed Conflicts) Special protections are provided for Arts. 76-77 women, children, and civilian medical Protocol II elaborates on protections for victims caught personnel, and measures of protection up in high-intensity internal conflicts such as civil wars. Arts. 15, 79 for journalists are specified. It does not apply to such internal disturbances as riots, demonstrations, and isolated acts of violence. Protocol Art. 77 Recruitment of children under age 15 II expands and complements the non-international into the armed forces is forbidden. protections contained in Article 3 common to all four Geneva Conventions of 1949.

Specific Provisions: Protective Emblems Art. 4 It stipulates that persons who do not Under International Humanitarian Law take a direct part or who have ceased to take part in hostilities, are entitled Those drafting the Geneva Convention of 1864 to respect. In all circumstances they foresaw the need for a universal symbol of protection are to be treated humanely. Protocol II easily recognizable on the battlefield. In honor of the specifically prohibits violence to the life, origin of this initiative, the symbol of a red cross on a health, and physical or mental well- white background (the reverse of the Swiss flag) was being of people. In particular, it identified as a protective emblem in conflict areas. The prohibits acts of murder and cruel red crescent and red lion and sun emblems were later treatment, terrorism, hostage-taking, recognized by nations at a diplomatic conference in slavery, outrages on personal dignity, 1929 as additional emblems of humanitarian relief. collective punishment, and pillage. Of these additional emblems, only the red crescent is These protections are considered currently in use. Although not in the Geneva fundamental guarantees for all persons. Conventions, the red shield of David, used by Israel, is also a respected emblem. Children are to be evacuated to safe areas when possible, and reunited with These emblems are used to identify and protect medical Art. 4 their families. and relief workers, military and civilian medical facilities, mobile units, and hospital ships. They are also used to Persons interned or detained during identify the programs and activities of Red Cross and Art. 5 internal conflicts are assured of the Red Crescent national societies, and those of the Magen same humane treatment as specified by David Adom (Red Shield of David) humanitarian society the Geneva Conventions. in Israel. It strengthens protection of the Widespread understanding and acceptance of these Arts. 7, 9 wounded, sick, and shipwrecked humanitarian emblems is crucial to save lives and as well as medical and religious alleviate suffering. Arts. 10-11 personnel. Attacks are forbidden on civilians and on “objects indispensable to civilian Arts. 13-14 survival” such as crops, irrigation systems or drinking water sources, Art. 16 cultural objects, and places of worship. Impartial humanitarian relief Art. 18 organizations—such as the ICRC— are to be permitted to continue their humanitarian services.