Summary of the Conventions of 1949 and Their Additional Protocols International Humanitarian April 2011

Overview: Protecting the Byzantine Empire and the The Red Cross Vulnerable in used during the . 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 to limit the effects of armed credited to the efforts of Conventions were born when Henry conflict. IHL protects persons who are Swiss businessman . 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 . 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 and the law of armed creation of a relief corps to The departing armies left a battlefield respond to 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 for the soldiers, thousands Inspired in part by her work in the four of 1949 that died. Civil War, 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 . 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 , 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 , as well 16 nations, assisted by this committee, as medical personnel, 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 () containing 10 articles specifying that: To Learn More Humanitarian Law To learn more about international International humanitarian law is • , 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;

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• 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 . 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 , this murdered, exterminated or subjected to treaty documents. agreement became the foundation or biological experiments. of modern international humanitarian The 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 (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 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 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 , 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 ’s medical staff, it can hold • Civilians accompanying the armed Prisoners are subject to the 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). yachts, to help collect and care for the violence, insults and public curiosity. wounded, sick and shipwrecked. Those Art. 118 Art. 17 who agree to help cannot be captured When the conflict ends, all POWs shall POWs are required to provide to their as long as they remain neutral. be released and, if they request, be sent captors only their name, rank, date of home without delay. Art. 22 birth and military service number. Hospital ships cannot be used for Art. 125 Art. 23 any military purpose. They cannot be The ICRC is granted special rights to Female POWs must be treated with the attacked or captured. The names and carry out humanitarian activities on regard due their sex. descriptions of hospital ships must be behalf of prisoners of war. The ICRC conveyed to all parties in the conflict. Arts. 25-27, 30 or other impartial humanitarian relief Captors must not engage in any organizations authorized by parties Arts. 36-37 or discriminate on the basis to the conflict must be permitted to Religious, medical and hospital of race, nationality, religious beliefs, visit with prisoners privately, examine personnel serving on combat ships political opinions or other criteria. conditions of confinement to ensure the must be respected and protected. If Conventions’ standards are being met captured, they are to be sent back to and distribute relief supplies. their side as soon as possible.

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The Arts. 33, 49 Arts. 89-91 The Geneva Convention Relative to the They are not to be subjected to Internees are to receive adequate Protection of Civilian Persons in Time of or . food, clothing and medical care, and War of August 12, 1949 protected from the dangers of war. Art. 40 Civilians in areas of armed conflict and Civilians cannot be forced to do Art. 106 occupied territories are protected by military-related work for an occupying Information about internees is to be the 159 articles of the Fourth Geneva force. sent to the Central Tracing Agency. Convention. Art. 54 Arts. 108, 107 Specific provisions include: They are to be paid fairly for any Internees have the right to send assigned work. and receive mail and receive relief Arts. 13, 32 shipments. Civilians are to be protected from Art. 55 murder, torture or brutality, and from Occupying powers are to provide food Art. 132 discrimination on the basis of race, and medical supplies as necessary to Children, pregnant women, mothers nationality, religion or political opinion. the population and maintain medical with infants and young children, the and public health facilities. wounded and sick and those who have Art. 14 been interned for a long time are to be Hospital and safety zones may be Arts. 55, 58 released as soon as possible. established for the wounded, sick, and Medical supplies and objects used for aged, children under 15, expectant religious worship are to be allowed Common Article 3 mothers and mothers of children under passage. All four Geneva Conventions contain seven. an identical Article 3, extending Art. 59 general coverage to “conflicts not of an Art. 18 When that is not possible, they are to international character.” Civilian hospitals and their staff are to facilitate relief shipments by impartial be protected. humanitarian organizations such as In the case of armed conflict not of an the ICRC. Red Cross or other impartial international character occurring in the Arts. 24, 25 humanitarian relief organizations territory of one of the High Contracting This Convention provides for the care of authorized by the parties to the conflict Parties, each Party to the conflict shall children who are orphaned or separated are to be allowed to continue their be bound to apply, as a minimum, the from their families. The ICRC’s Central activities. following provisions: Tracing and Protection Agency is also authorized to transmit family news Art. 64 1. Persons taking no active part in and assist with family reunifications, Public officials will be permitted to the hostilities, including members with the help of Red Cross and Red continue their duties. Laws of the of the armed forces who have Crescent national societies. occupied territory will remain in force laid down their arms and those unless they present a security threat. placed hors de combat (out of Art. 27 the fight) by sickness, wounds, The safety, honor, family rights, religious Arts. 79-135 , or any other cause, shall practices, manners and customs of If security allows, civilians must be in all circumstances be treated civilians are to be respected. permitted to lead normal lives. They are humanely, without any adverse not to be deported or interned—except Arts. 33-34 founded on race, for imperative reasons of security. If Pillage, reprisals, indiscriminate color, religion or faith, sex, birth or is necessary, conditions destruction of and the taking wealth, or any other similar criteria. should be at least comparable to those of are prohibited. set forth for prisoners of war.

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To this end, the following acts are and The Protocols Additional to Art. 35 shall remain prohibited at any time and the Geneva Conventions of Use of that “cause in any place whatsoever with respect to 1949 superfluous injury or unnecessary the above-mentioned persons: In 1977, two Protocols supplementary suffering,” as well as means of warfare to the Geneva Conventions were that “cause widespread, long-term, (a) Violence to life and person, in adopted by an international diplomatic and severe damage to the natural particular murder of all kinds, mutilation, conference to give greater protection to environment” are prohibited. cruel treatment and torture; victims of both international and internal Arts. 43-44 (b) Taking of hostages; armed conflicts. seeks to clarify the military (c) Outrages upon personal dignity, in As of 2010, 170 nations have ratified status of members of guerrilla forces particular, humiliating and degrading Protocol I and 165 have ratified in the following manner: It includes treatment; Protocol II. Any nation that has ratified provisions granting and the Geneva Conventions but not the status to members (d) The passing of sentences and the Protocols is still bound by all provisions of dissident forces when under the carrying out of executions without of the Conventions. command of a central authority. Such previous judgment pronounced by a combatants cannot conceal their regularly constituted court, affording Protocol I (102 Articles) allegiance; they must be recognizable all the judicial guarantees which are Protocol additional to the Geneva as combatants while preparing for or recognized as indispensable by civilized Conventions of 12 August 1949, and during an attack. peoples. Relating to the Protection of Victims of International Armed Conflicts Arts. 51, 54 2. The wounded, sick and It outlaws indiscriminate attacks on Protocol I expands protection for shipwrecked shall be collected civilian populations and destruction of the civilian population as well as and cared for. food, water and other materials needed military and civilian medical workers in for survival. An impartial humanitarian body, such international armed conflicts. as the International Committee of the Arts. 56, 53 Specific provisions include: Red Cross, may offer its services to the Dams, dikes and nuclear generating Parties to the conflict. The Parties to Arts. 15, 79, Arts. 76-77 stations may not be attacked, nor can the conflict should further endeavor to Special protections are provided for cultural objects and places of worship. bring into force, by means of special women, children and civilian medical Art. 77 agreements, all or part of the other personnel, and measures of protection Recruitment of children under age 15 provisions of the present Convention. for journalists are specified. into the armed forces is forbidden. The application of the preceding Arts. 17, 81 provisions shall not affect the legal Art. 85 The ICRC, national societies or other status of the Parties to the conflict. It is a war to use one of the impartial humanitarian organizations protective emblems recognized by the authorized by parties to the conflict Geneva Conventions to deceive the must be permitted to provide opposing forces or to use other forms assistance. of treachery.

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Protocol II (28 Articles) Art. 4 Protocol III Protocol additional to the Geneva Children are to be evacuated to safe Protocol additional to the Geneva Conventions of 12 August 1949, and areas when possible and reunited with Conventions of 12 August 1949, and Relating to the Protection of Victims of their families. Relating to the Adoption of an Additional Non-International Armed Conflicts Distinctive Emblem Art. 5 Protocol II elaborates on protections Persons interned or detained during In December 2005, a third Additional for victims caught up in high-intensity internal conflicts are assured of the Protocol to the Geneva Conventions internal conflicts such as civil . same humane treatment as specified was adopted that provides for another It does not apply to such internal by the Geneva Conventions. distinctive emblem: the red crystal. disturbances as riots, demonstrations Art. 7, 9 The red crystal is an optional emblem, and isolated acts of violence. Protocol II Strengthens protection of the wounded, equal in status to the red cross and red expands and complements the non- sick and shipwrecked as well as crescent. The red crystal may be used international protections contained in medical and religious personnel. in environments where another emblem Article 3 common to all four Geneva could be perceived as having religious, Conventions of 1949. Arts. 10-11, Arts. 13-14, Art. 16 cultural or political connotations. Attacks are forbidden on civilians and Specific provisions include: on “objects indispensable to civilian Art. 4 survival” such as crops, irrigation Persons who do not take a direct part systems or drinking water sources, or who have ceased to take part in cultural objects, and places of worship. hostilities are entitled to respect. In all Art. 18 circumstances, they are to be treated Impartial humanitarian relief humanely. Protocol II specifically organizations, such as the ICRC, prohibits violence to the life, health are to be permitted to continue their and physical or mental well-being of humanitarian services. people. In particular, it prohibits acts of murder and cruel treatment, , -taking, slavery, outrages on personal dignity, collective punishment and pillage. These protections are considered fundamental guarantees for all persons.

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The Emblems Under conference in 1929, although the red also used to identify the programs and International Humanitarian lion and sun is no longer in use. In activities of the Red Cross and Red Law December 2005, governments adopted Crescent national societies. Those drafting the Geneva Convention the Third Additional Protocol adding the Widespread understanding and of 1864 foresaw the need for a red crystal. acceptance of these humanitarian universal symbol of protection easily Under the Geneva Conventions, the emblems is crucial to saving lives and recognizable on the battlefield. In honor three distinctive emblems of the red alleviating suffering. of the origin of this initiative, the symbol cross, red crescent and red crystal are of a red cross on a white background intended to identify and protect medical (the reverse of the Swiss flag) was and relief workers, military and civilian identified as a protective emblem in medical facilities, mobile units and conflict areas. The red crescent and hospital ships during armed conflict. red lion and sun emblems were later More generally, these emblems are recognized by nations at a diplomatic

May Be Used Protectively or Indicatively

Red Cross Red Crescent Red Crystal

May Be Used Indicatively

Red Shield of David

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