Summary of the Geneva Conventions of 1949 and Their Additional Protocols International Humanitarian Law April 2011 Overview: Protecting the Byzantine Empire and the Lieber Code The Red Cross Vulnerable in War used during the United States Civil War. and International International humanitarian law (IHL) is The development of modern Humanitarian Law a set of rules that seek for humanitarian international humanitarian law is The Red Cross and the Geneva reasons to limit the effects of armed credited to the efforts of 19th century Conventions were born when Henry conflict. IHL protects persons who are Swiss businessman Henry Dunant. In Dunant witnessed the devastating not or who are no longer participating in 1859, Dunant witnessed the aftermath consequences of war at a battlefield hostilities and it restricts the means and in Italy. In the aftermath of that battle, of a bloody battle between French methods of warfare. IHL is also known Dunant argued successfully for the and Austrian armies in Solferino, Italy. as the law of war and the law of armed creation of a civilian relief corps to The departing armies left a battlefield respond to human suffering during conflict. littered with wounded and dying men. conflict, and for rules to set limits on A major part of international Despite Dunant’s valiant efforts to how war is waged. humanitarian law is contained in the mobilize aid for the soldiers, thousands Inspired in part by her work in the four Geneva Conventions of 1949 that died. Civil War, Clara Barton would later have been adopted by all nations in found the American Red Cross and In “A Memory of Solferino,” his book also advocate for the U.S. ratification the world. The Conventions have been about the experience, Dunant proposed of the first Geneva Convention. expanded and supplemented by two that trained volunteer relief groups further agreements: the Additional be granted protection during war in Protocols of 1977, relating to the order to care for the wounded. A group protection of victims of armed conflicts, known as the Committee of Five, and the 2005 Additional Protocol III, which later became the International relating to the adoption of an additional Committee of the Red Cross, formed distinctive emblem. in Geneva in 1863 to act on Dunant’s These Conventions provide specific suggestion. Dunant also suggested a rules to safeguard combatants, or formal agreement between nations “for members of the armed forces, who the relief of the wounded.” are wounded, sick or shipwrecked, Several months later, diplomats from prisoners of war, and civilians, as well 16 nations, assisted by this committee, as medical personnel, military chaplains as well as representatives of military and civilian support workers of the Red Cross Polish medical services and humanitarian military. societies, negotiated a convention History of International (treaty) containing 10 articles specifying that: To Learn More Humanitarian Law To learn more about international International humanitarian law is • Ambulances, military hospitals, and humanitarian law, and find opportunities founded on the principles of humanity, the personnel serving with them to promote these rules through the impartiality and neutrality. Its roots are to be recognized as neutral and free curriculum Exploring Humanitarian extend to such historic concepts of protected during conflict; Law, visit www.redcross.org/ihl. Ask your local Red Cross chapter for more justice as Babylon’s Hammurabic • Citizens who assist the wounded information about IHL classes. Code, the Code of Justinian from the are to be protected; H20980-9 www.redcross.org/ihl 1 Summary of the Geneva Conventions of 1949 and Their Additional Protocols International Humanitarian Law April 2011 • Wounded or sick combatants are to “enact any legislation necessary to Local civilians may be asked to care for be collected and cared for by either provide effective penal sanctions for the wounded and sick. side in a conflict; and persons committing or ordering to be Art. 12 • The symbol of a red cross on a committed any of the grave breaches The wounded and sick shall be white background (the reverse (violations)” of the Conventions. respected and protected without of the Swiss flag in honor of the The following pages provide a basic discrimination on the basis of sex, race, origin of this initiative) will serve overview of the Conventions and nationality, religion, political beliefs or as a protective emblem to identify Protocols and a quick reference to other criteria. medical personnel, equipment, and the legal text of the treaties. For a facilities. Art. 12 comprehensive listing of all legal The wounded and sick shall not be provisions, please refer to the actual Known as the Geneva Convention, this murdered, exterminated or subjected to treaty documents. agreement became the foundation torture or biological experiments. of modern international humanitarian The First Geneva Convention Art. 15 law, which now encompasses four The Geneva Convention for the The wounded and sick shall receive conventions and three additional Amelioration of the Condition of the adequate care. protocols. Collectively, they represent Wounded and Sick in Armed Forces in modern efforts to protect people in the Field of August 12, 1949. Art. 15 times of armed conflict. The First Geneva Convention protects The wounded and sick shall be soldiers who are hors de combat (out protected against pillage and ill The Geneva Conventions of the battle). The 10 articles of the treatment. original 1864 version of the Convention of 1949 and Their Arts. 15-16 have been expanded in the First Additional Protocols All parties in a conflict must search In 1949, an international conference of Geneva Convention of 1949 to 64 for and collect the wounded and sick, diplomats built on the earlier treaties articles that protect the following: especially after battle, and provide the for the protection of war victims, • Wounded and sick soldiers information concerning them to the revising and updating them into four • Medical personnel, facilities and Central Tracing and Protection Agency new conventions comprising 429 equipment of the International Committee of the articles of law—known as the Geneva • Wounded and sick civilian support Red Cross (ICRC). Conventions of August 12, 1949. The personnel accompanying the armed Additional Protocols of 1977 and 2005 The Second Geneva Convention forces supplement the Geneva Conventions. The Geneva Convention for the • Military chaplains Amelioration of the Condition of The Geneva Conventions apply in all • Civilians who spontaneously take Wounded, Sick and Shipwrecked cases of declared war, or in any other up arms to repel an invasion Members of Armed Forces at Sea of armed conflict between nations. They August 12, 1949 also apply in cases where a nation is Specific provisions include: partially or totally occupied by soldiers The Second Geneva Convention adapts Art. 9 of another nation, even when there is the protections of the First Geneva This Convention, like the others, no armed resistance to that occupation. Convention to reflect conditions at recognizes the right of the ICRC to sea. It protects wounded and sick Nations that ratify the Geneva assist the wounded and sick. Red Cross combatants while on board ship or Conventions must abide by certain and Red Crescent national societies, at sea. Its 63 articles apply to the humanitarian principles and impose other authorized impartial relief following: legal sanctions against those who organizations and neutral governments violate them. Ratifying nations must may also provide humanitarian service. • Armed forces members who are www.redcross.org/ihl 2 Summary of the Geneva Conventions of 1949 and Their Additional Protocols International Humanitarian Law April 2011 wounded, sick or shipwrecked The Third Geneva Convention Arts. 50, 54 • Hospital ships and medical The Geneva Convention Relative to POWs must be housed in clean, personnel the Treatment of Prisoners of War of adequate shelter, and receive the food, • Civilians who accompany the armed August 12, 1949 clothing and medical care necessary to forces maintain good health. They must not be The Third Geneva Convention sets held in combat areas where they are Specific provisions include: out specific rules for the treatment exposed to fire, nor can they be used to of prisoners of war (POWs). The Arts. 12, 18 “shield” areas from military operations. Convention’s 143 articles require that This Convention mandates that parties They may be required to do non- POWs be treated humanely, adequately in battle take all possible measures military jobs under reasonable working housed and receive sufficient food, to search for, collect and care for conditions when paid at a fair rate. clothing and medical care. Its provisions the wounded, sick and shipwrecked. also establish guidelines on labor, Arts. 70-72, 123 “Shipwrecked” refers to anyone who is discipline, recreation and criminal trial. Names of prisoners of war must be adrift for any reason, including those Note that prisoners of war may include sent immediately to the Central Tracing forced to land at sea or to parachute the following: Agency of the ICRC. POWs are to from damaged aircraft. be allowed to correspond with their • Members of the armed forces Art. 14 families and receive relief packages. • Volunteer militia, including While a warship cannot capture a resistance movements Arts. 82, 84 hospital ship’s medical staff, it can hold • Civilians accompanying the armed Prisoners are subject to the laws of the wounded, sick and shipwrecked as forces. their captors and can be tried by their prisoners of war, providing they can be captors’ courts. The captor shall ensure safely moved and that the warship has Specific provisions include: fairness, impartiality and a competent the facilities to care for them. Arts. 13-14, 16 advocate for the prisoner. Art. 21 Prisoners of war must not be subjected Arts. 109, 110 Appeals can be made to neutral to torture or medical experimentation Seriously ill POWs must be repatriated vessels, including merchant ships and and must be protected against acts of (returned home).