GENEVA CONVENTIONS

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Context: On August 12, 2024, the world observed the 75th anniversary of the Geneva Conventions, which were adopted in 1949.

About Geneva Conventions

• Adopted in 1949, the Geneva Conventions consist of four treaties that set out rules for the humane treatment of individuals during armed conflict.
• They are central to international humanitarian law, aiming to limit the barbarity of war by protecting those who aren’t fighting and those who can no longer fight.

International Humanitarian Law (IHL) ●International Humanitarian Law (IHL), also known as the laws of war, is designed to limit the impact of armed conflict on people and property. ●Its core principles include the protection of civilians, the humane treatment of prisoners of war, and the restriction of warfare methods. ●The idea is to bring some semblance of order and humanity to conflicts that, by their nature, often lack both. ●Key Principles of IHL: Humanity: Ensuring that even in war, suffering is minimized. Neutrality: Allowing humanitarian efforts to be impartial and independent. Impartiality: Aid should be given based on need, not on the nationality or affiliation of the recipients.

Why Are They Important?

The Geneva Conventions represent a significant achievement in international diplomacy. They were designed to balance military necessities with humanitarian concerns, ensuring that even during warfare, basic human rights are respected. They establish rules for:

• Treatment of Prisoners: Ensuring they are treated humanely and protected from torture.
• Protection of Civilians: Safeguarding people who are not actively fighting, including those in occupied territories.
• Humanitarian Aid: Allowing relief efforts to reach those in need without interference.

The Core Principles of the Geneva Conventions

The First Geneva Convention (1949)	●Purpose: Protects wounded and sick soldiers on land during war. ●Key Provisions: Ensures medical personnel and units are protected, and includes rules for hospital zones. ●Example: During the Korean War, this Convention helped ensure that wounded soldiers received medical care regardless of their nationality.
The Second Geneva Convention (1949)	●Purpose: Protects wounded, sick, and shipwrecked military personnel at sea. ●Key Provisions: Extends similar protections as the First Convention to maritime warfare. It covers hospital ships and sets standards for the treatment of shipwrecked soldiers. ●Example: The sinking of hospital ships during World War II highlighted the need for such protections, leading to this Convention's establishment.
The Third Geneva Convention (1949)	●Purpose: Governs the treatment of prisoners of war (POWs). ●Key Provisions: Defines who qualifies as a POW and sets out their rights. It includes provisions for humane treatment, adequate food, and medical care. ●Example: During the Vietnam War, this Convention ensured that American prisoners were treated humanely, despite the challenging conditions.
The Fourth Geneva Convention (1949)	●Purpose: Protects civilians in times of war, especially in occupied territories. ●Key Provisions: Addresses the protection of civilians during wartime, particularly in occupied areas. It sets out the obligations of occupying forces to ensure the welfare of the local population. ●Example: The protection of civilians in the Israeli-Palestinian conflicts is guided by this Convention, aiming to safeguard those living under military occupation.

The Additional Protocols

In response to evolving conflicts and emerging needs, two Additional Protocols were adopted in 1977, and a third in 2005:

• Protocol I (1977):
  • • Purpose: Enhances protection for victims of international conflicts.
    • Key Points: Expands protections for civilians and combatants, regulates methods of warfare, and addresses the conduct of hostilities.
• Protocol II (1977):
  • • Purpose: Focuses on non-international armed conflicts.
    • Key Points: Provides protections specifically for situations within a single country. It is the first international treaty dedicated to internal conflicts.
• Protocol III (2005):
  • • Purpose: Introduces a new emblem, the Red Crystal.
    • Key Points: This emblem offers the same protection as the Red Cross and Red Crescent and helps to avoid religious or political connotations in humanitarian work.

How Do the Geneva Conventions Protect People During War?

The Geneva Conventions are designed to offer protection to non-combatants and those who are no longer able to fight, such as the wounded and prisoners of war. They set out specific guidelines for:

• Humane Treatment: All individuals, regardless of their status, should be treated humanely. This includes protection from violence, torture, and degrading treatment.
• Medical Assistance: Medical personnel, units, and transports are protected, ensuring that they can operate without interference.
• Prisoners of War: Prisoners must be treated humanely and provided with adequate food, shelter, and medical care. They should not be forced to provide information beyond their name, rank, and serial number.
• Civilians: Civilians in conflict zones, especially those in occupied territories, must be protected from harm. The occupying forces must ensure their safety and well-being.

The Case of Ukraine The ongoing conflict in Ukraine has highlighted the importance of the Geneva Conventions. Reports of attacks on civilian infrastructure and non-combatants have raised significant concerns. For example, the bombing of a maternity hospital in Mariupol, Ukraine, and the targeting of civilians trying to escape from conflict zones are examples where the Geneva Conventions' principles are crucial.

War Crimes and the Geneva Conventions

• War is a devastating human activity that brings unimaginable suffering. To mitigate the horrors of war, the international community has established laws and conventions to protect those who are not taking part in the conflict.
• One of the most significant legal frameworks in this regard is the Geneva Conventions. These conventions outline the rules of war, particularly focusing on the protection of non-combatants and prisoners of war, and define what constitutes a war crime.

Grave Breaches and War Crimes

• Within the framework of the Geneva Conventions, certain serious violations are classified as "grave breaches." These include acts such as willful killing, torture, inhumane treatment, and causing great suffering or serious injury to the body or health.
• Grave breaches are considered among the most severe violations of international humanitarian law and are recognized as war crimes.
• For example, during the conflict in the former Yugoslavia in the 1990s, numerous grave breaches were committed, including mass killings and systematic torture, leading to the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) to prosecute those responsible.

The Duty to Punish Grave Breaches

• The Geneva Conventions place a legal obligation on states to punish those responsible for grave breaches. However, the conventions themselves do not establish specific penalties or create a tribunal to try offenders.
  • • They require states to enact their own criminal laws to punish those who commit grave breaches, regardless of the perpetrator’s nationality or the location of the crime.
    • This principle is known as "universal jurisdiction."
• For example, in 1998, former Chilean dictator Augusto Pinochet was arrested in the United Kingdom under the principle of universal jurisdiction, based on a Spanish warrant for human rights violations committed in Chile. This case highlighted the importance of universal jurisdiction in prosecuting grave breaches.

The Role of National Legislation

To comply with the Geneva Conventions, states must take several specific actions:

• Enacting National Legislation: States must pass laws that prohibit and punish grave breaches. These laws must apply to anyone, regardless of nationality, and cover acts committed both within and outside the state’s territory.
  • • India enacted the Geneva Conventions Act 1960, for this purpose.
• Prosecuting or Extraditing Offenders: States are required to search for and prosecute those accused of grave breaches or extradite them to another state for trial.
• Military Command Responsibility: Military commanders must prevent and suppress grave breaches by those under their control.
• International Cooperation: States should assist each other in criminal proceedings related to grave breaches.

International and National Tribunals

• To supplement national efforts, the international community has established tribunals to try those responsible for serious violations of international humanitarian law.
• The United Nations Security Council has set up tribunals for the former Yugoslavia and Rwanda, where grave breaches occurred on a large scale.
• The establishment of the International Criminal Court (ICC) in 1998 under the Rome Statute marked a significant step forward in the fight against impunity for war crimes. The ICC is a permanent institution that tries individuals for the most serious international crimes, including war crimes.

International Criminal Court (ICC) ●The International Criminal Court (ICC) is a permanent judicial body established by the Rome Statute of the International Criminal Court (1998) to investigate, prosecute, and try individuals accused of genocide, war crimes, and crimes against humanity. ●It was established on July 1, 2002, the court began sittings after 60 countries ratified the agreement. ●It handles prosecutions of individuals and has jurisdiction over offences committed after July 1, 2002, either in a state that ratified the agreement or by a national of such a state. ●Despite the Rome Statute's popularity, China, Russia, and the United States declined to participate. ●Currently, 124 members and all member countries are represented in the Assembly of States Parties, which oversees the activities of the ICC. ●The ICC's first hearing was held in 2006 to decide whether charges should be brought against Thomas Lubanga, who was accused of recruiting child soldiers in the Democratic Republic of the Congo. ●In March 2022, the ICC announced an investigation into possible crimes committed in Ukraine by Russian armed forces. In March 2023, the ICC issued a warrant for the arrest of Russian President Vladimir Putin, charging him with responsibility for war crimes.

India and Geneva Conventions

• India ratified the Geneva Conventions in 1950, becoming the fifth country in the world to do so.
• India was the first country in the South Asian region to adopt these conventions, this highlighted India’s leadership role in promoting humanitarian norms.
• India’s Stance on Additional Protocols:
  • • Non-Ratification of Protocols I and II: While India ratified the Geneva Conventions and the Third Protocol, it has not yet ratified Additional Protocols I and II. This decision reflects India's cautious approach to international treaties and protocols.
    • Ratification of Protocol III: India ratified Additional Protocol III in 2005. This protocol was seen as a positive step toward enhancing humanitarian efforts and ensuring the protection of those involved in relief operations.

In 2019, in response to a parliamentary question regarding the ratification of Additional Protocols I and II, the Indian government stated that no decision had been taken to ratify these protocols.

Challenges Facing the Geneva Conventions

Widespread Violations

• Despite their comprehensive nature, the Geneva Conventions are often ignored. In conflicts like those in Syria, Yemen, and Ukraine, there have been numerous reports of violations, including attacks on hospitals and the targeting of civilians.
• In the Syrian Civil War, both the ruling government and various rebel groups have been accused of using chemical weapons and targeting civilian areas, which violate the Geneva Conventions.

Modern Warfare and Technology

• New technologies, such as drones and cyber warfare, complicate the application of these laws. The Geneva Conventions were drafted long before these technologies existed, and their principles are sometimes difficult to apply in the context of modern warfare.
• The use of drones in targeted strikes raises questions about the distinction between combatants and civilians, and the accountability for civilian casualties.

Geopolitical Tensions and Political Will

• Political interests often compromise the enforcement of international humanitarian law. States may engage in conflicts that disregard these laws, and international bodies may struggle to hold violators accountable due to geopolitical tensions.
• In the South China Sea, territorial disputes have led to aggressive conflict that involves maritime militia and military activities, often without regard to the humanitarian impact on local populations.

Legal Ambiguities and Interpretations

• The interpretation of what constitutes a war crime or violation of humanitarian law can be challenging. Some states use legal arguments to justify actions that may violate the spirit of the Geneva Conventions.
• The concept of "collateral damage" allows for civilian casualties during military operations, but determining what constitutes acceptable collateral damage is often subjective and contentious.

Way Forward

• Reinforce Legal Frameworks: The Geneva Conventions must be updated to address new forms of warfare and technological advancements. International treaties and protocols should evolve to incorporate guidelines for modern combat scenarios, such as cyber warfare and autonomous weapons.
• Enhance Accountability and Enforcement: Strengthening international mechanisms to hold violators accountable is crucial. This includes supporting international courts and tribunals that can prosecute war crimes and ensuring that nations comply with their legal obligations.
  • • The International Criminal Court (ICC) plays a role in prosecuting individuals for war crimes, but its effectiveness is often limited by the cooperation of member states.
• Promote Education and Awareness: Increasing awareness and education about international humanitarian law can help reinforce its principles and encourage implementation. This includes training for military personnel, policymakers, and the public on the importance of these laws.
• Encourage Collective Responsibility: Nations should collectively commit to upholding the Geneva Conventions and address violations when they occur. A shared responsibility among states can help ensure that humanitarian principles are respected and enforced.
• Support Humanitarian Organizations: Organizations like the International Committee of the Red Cross (ICRC) play a vital role in monitoring compliance and providing aid. Supporting their work and ensuring they have access to conflict zones is essential for upholding humanitarian standards.
  • • The ICRC's efforts in negotiating humanitarian access and ensuring the protection of civilians in conflict zones demonstrate the practical impact of adhering to the Geneva Conventions.

Conclusion

• While the Geneva Conventions provide a crucial framework for regulating armed conflict and protecting human dignity, their effectiveness is challenged by modern warfare, geopolitical conflicts, and evolving technologies. To ensure these laws continue to safeguard the vulnerable, it is essential to adapt them to contemporary realities, enhance enforcement mechanisms, and promote global commitment to humanitarian principles.

Source:

New Indian Express

International Committee of the Red Cross

The Hindu

Wikipedia

PRACTICE QUESTION Q. Critically analyze the impact of the Geneva Conventions on the treatment of prisoners of war. How have these conventions influenced the standards for humane treatment, and what are the practical challenges and criticisms related to their implementation in recent conflicts?