The origin of the Geneva Convention goes back to the bloody battle of Solferino (1859). It was here that Henry Dunant a Swiss citizen, who was witness to this battle made effort to create relief societies that would look after the wounded during the times of war and also work for relief during peace times. In 1863 after an unofficial international conference arranged by him, the Red Cross came to existence. As a follow up at a conference in 1864, the first Geneva Convention was signed. Red Cross is an important aspect of these Conventions The Conventions requires that the parties to conflict should designate a neutral Protecting Power that would work to see that the provisions of the Convention are being adhered to. However as the parties to conflict do not like to have such an intermediary, the Red Cross, which is basically a private body is assigned the task to see the implementation of the humanitarian laws. ICRC is also called upon in dealing with issues like exchange of prisoner of wars. Parties to conflict have obligation to allow visits by ICRC to the POW camps. ICRC also has a role to oversee the medical services and food aid.

Geneva Conventions form the major part of the body of the International Humanitarian Laws that protects the non-combatants and the civilians during times of war and conflict. They are also a major component of respect for the Human Rights of individuals. These laws aim at limiting the arbitrary powers of the state against the legitimate rights of the individual, and thereby alleviate the sufferings caused by warfare. It is complementary to the laws relating to the Hague Convention that makes provisions relating to conduct of hostilities.

Geneva Conventions are a series of international legal instruments forming part of UN Laws that deal with the important issue of treatment of defenceless people in a situation of war. These are:

1) Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.

2) Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea

3) Convention (III) Relative to the Treatment of Prisoners of War.

4) Convention (IV) Relative to the Protection of Civilian Persons in Time of War.

These were adopted by the United Nations in 1949 and entered into force in 1950. Later on two Additional Protocols were added in 1977. All of these have been accepted by the different nations of the world. These conventions relate to the upholding of the dignity of human life and are a series of prescriptions that are to be applied in the situation of conflict. The Additional Protocols are extension to the Conventions - the first one takes into account the modern methods of warfare and transportation for the protection of the civilians; and the second one provides for the code for protection of the combatants and the civilian population during situations of non-state conflict like the civil war.

These Conventions are in application during the period of declared war or during the period of occupation. When the hostilities end or the occupation is lifted, these conventions also cease to be applicable.

The Geneva Conventions in general deal with the humanitarian aspects arising out of a situation of conflict and codifies rules on how to deal with such situations. For the combatants, it entitles humane treatment and forbids injury or killing of an enemy who has surrendered. The wounded and sick are the responsibilities of the parties to the combat. Protection is extended over to the medical personnel and organisations working in such situations. This includes provisions relating to use of emblems of Red Cross and Red Crescent on a white background. These emblems are protected under the laws of the Convention.

The Convention also deals with the prisoners of war and the captured civilians and protects their personal rights. They are further protected from acts of violence and torture. They also have been given rights as to correspond with their families. Such prisoners are also entitled to judicial guarantees that exist as part of the usual process of law like protection from trials for acts they have not committed.

Provisions of Article 3 are common in the four conventions. It clearly lays down that civilians, non-combatants, and hors de combat should be treated humanely. It specifically lays down, “Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.” This Article also details the acts that would be prohibited whatsoever viz. murder, mutilation, torture, degrading treatment, outrage to personal dignity, executions without proper judicial procedures etc.

These conventions expressly prohibit damage to civilian life and property. It becomes significant that civilians cannot be target of attack. This provision assumes significance because many times, we have seen that in conflicts in some instances ‘human shields’ have been used. The conventions clearly specify that any attack is to be directed only against the military targets.

The first and the second Geneva Conventions embody the principles that formed the background to the formation of the International Red Cross. Any combatant who was wounded or sick and could no longer take part in active hostilities, could no longer be considered to be part of the forces. He rather required protection and medical care. Such provisions covered both these conventions. They also specify that the procedure for collection of the dead should be quick and these should be verified and identified by medical examination. Also in this regard medical vehicles should not be target of attacks.

The third Geneva Convention relates to the treatment of POWs. It delineates the rules that should be followed when soldiers are taken as POWs. It specifies that the captured POWs belong to the state, and not to soldiers who capture them. In this it tries to define the rights of the POWs. The POWs need to be treated with honour. The capture of POWs requires to be informed to the Central Prisoner War Agency of the International Red Cross. Such POWs have to be given proper food and clothing and also allowed to correspond with their relatives and receive relief parcels. Then the POWs have to be treated according to their rank without prejudice that they are prisoners. The POWs could not be compelled to do any military work, and even the works of other nature that are assigned need to be paid for. They could not be put to hazardous or degrading work and have right to medical care when such situation arises. The POWs could not be compelled to give information except that relating to their name, age, rank and service number. They could not be held in close confinement except for violation of rules. And most importantly, they have to be released when the hostilities cease.

The fourth Geneva Convention specifies rules relating to treatment of civilians in the situation of war. The civilians are those who do not belong to armed forces and do not take part in the hostilities, and in such situation find themselves in the hands of the enemies or in a situation of occupation by the enemy forces. The Convention is clear that such people deserve to be protected against any threats or violence or harassment. This protection also involves respect of their honour, religion, customs etc. the wounded, sick, children, old people, pregnant women or mothers of children under seven years age require special protection. Moreover families should be housed together and not separated. Wounded and the sick have and the medical and health staff has to be protected and can be placed under the auspices of the Red Cross/ Crescent. Moreover the civilians should not be put through any form of discrimination on grounds of their political opinion, race or religious convictions. They should not be used as human shield in military operation. This also means that women should not be put to harassment or degradation like assault, rape or prostitution.

Conclusion:

A basic tenet of international law is Pacta sunt servanda, meaning that international obligations should be fulfilled in good faith. Many regimes in the past have not abided by such limitations. This is seen by issues relating to holocaust, ethnic cleansing, genocide and other horrendous crimes being perpetrated on civilian populations in our times. Consequently, the importance of such laws cannot be underestimated. The humanitarian laws of Geneva Convention have evolved to meet the challenge posed by the ever-developing ways of waging war. In it the institutional involvement and effectiveness of a non-governmental agency like the Red Cross is really commendable. The Geneva Convention forms the backbone of the humanitarian law treatise that aim to limit the nature of violence and aggression and to limit the targets for such violence.

Further Reading:

1) Text of the Geneva Conventions

2) Handbook of the International Red Cross and Red Crescent Movement (ICRC, 13th edition)

3) Basic rules of the Geneva Conventions and their Additional Protocols, (ICRC, 1995)

4) Jean Pictet, Commentary on the Geneva Conventions of 12 August 1949. Volume I-IV
(ICRC, 1952)

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