THE GENEVA CONVENTIONS OF 1949
THE GENEVA CONVENTIONS OF 1949 AND THEIR ADDITIONAL PROTOCOLS
India has cited the Geneva Conventions while demanding the release of Indian Wing Commander Abhinandan captured by Pakistan in Air Force skirmishes.
About
Wing Commander Abhinandan was captured by Pakistan after his Mi-21 fighter aircraft was shot down in Pakistan Occupied Kashmir during a dogfight with Pakistani fighter jets after Balakot air strike.
Geneva Conventions and Additional Protocols
• The Geneva Conventions and their Additional Protocols are international treaties that contain the most important rules limiting the barbarity of war.
• They protect non-combatants: people who do not take part in the fighting (civilians, medics, aid workers) and those combatants who can no longer fight (wounded, sick and shipwrecked troops, prisoners of war).
• They call for measures to be taken to prevent or put an end to all breaches. They contain stringent rules to deal with what are known as “grave breaches”.
• All countries are signatories to the Geneva Conventions.
• Provisions of the conventions apply in peacetime situations, in declared wars, and in conflicts that are not recognized as war by one or more of the parties.
• There are four conventions, with three protocols added on since 1949.
The 1949 Geneva Conventions
1. First Geneva Convention protects wounded and sick soldiers and medical and religious personnel, medical units and medical transports on land during the war.
2. Second Geneva Convention protects wounded, sick and shipwrecked military personnelat sea during the war.
3. Third Geneva Convention applies to prisoners of war (PoW):
• Status of POW only applies in international armed conflict.
• They must be treated “humanely” and the responsibility for this lies with the detaining power, not just the individuals who captured the PoW.
• Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited and will be regarded as a serious breach.
• Rights of a PoW:
– Entitled to respect for their persons and their honor.
– In captivity, a PoW must not be forced to provide information of any kind under “physical or mental torture, nor any other form of coercion”.
– Use of PoWs as hostages or human shields is prohibited.
– Access to health facilities, prayer, recreation and exercise.
– Release of prisoners: Parties to the conflict are bound to send back or repatriate PoWs, regardless of rank, who is seriously wounded or sick, after having cared for them until they are fit to travel”.
• Status of POW only applies in international armed conflict.
• They must be treated “humanely” and the responsibility for this lies with the detaining power, not just the individuals who captured the PoW.
• Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited and will be regarded as a serious breach.
• Rights of a PoW:
– Entitled to respect for their persons and their honor.
– In captivity, a PoW must not be forced to provide information of any kind under “physical or mental torture, nor any other form of coercion”.
– Use of PoWs as hostages or human shields is prohibited.
– Access to health facilities, prayer, recreation and exercise.
– Release of prisoners: Parties to the conflict are bound to send back or repatriate PoWs, regardless of rank, who is seriously wounded or sick, after having cared for them until they are fit to travel”.
4. Fourth Geneva Convention protects civilians, including those in occupied territory.
• Article 3: Common to the four Geneva Conventions, it marked a breakthrough as it covered for the first time, situations of non-international armed conflicts.
– They include traditional civil wars, internal armed conflicts that spill over into other States or internal conflicts in which third States or a multinational force intervene alongside the government.
• Article 3: Common to the four Geneva Conventions, it marked a breakthrough as it covered for the first time, situations of non-international armed conflicts.
– They include traditional civil wars, internal armed conflicts that spill over into other States or internal conflicts in which third States or a multinational force intervene alongside the government.
Additional Protocols
• There are three additional protocols to the four 1949 Geneva Conventions which were adopted in 1977.
• They strengthen the protection of victims of international (Protocol I) and non-international (Protocol II) armed conflicts and place limits on the way wars are fought.
• In 2005, a third Additional Protocol was adopted creating an additional emblem, the Red Crystal, which has the same international status as the Red Cross and Red Crescent emblems.
• They strengthen the protection of victims of international (Protocol I) and non-international (Protocol II) armed conflicts and place limits on the way wars are fought.
• In 2005, a third Additional Protocol was adopted creating an additional emblem, the Red Crystal, which has the same international status as the Red Cross and Red Crescent emblems.
Who Monitors whether Geneva Conventions are being followed?
• A system of “Protecting Powers” who ensure that the provisions of the conventions are being followed.
• In theory, each side must designate states that are not party to the conflict as their “Protecting Powers”.
• In practice, the International Committee of the Red Cross (ICRC) usually plays this role.
• In theory, each side must designate states that are not party to the conflict as their “Protecting Powers”.
• In practice, the International Committee of the Red Cross (ICRC) usually plays this role.
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