167-547: The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war . The singular term Geneva Convention colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define
334-645: A blue-water navy was vital for global power projection; Tirpitz had his books translated into German, while Wilhelm made them required reading for his advisors and senior military personnel. However, it was also an emotional decision, driven by Wilhelm's simultaneous admiration for the Royal Navy and desire to surpass it. Bismarck thought that the British would not interfere in Europe, as long as its maritime supremacy remained secure, but his dismissal in 1890 led to
501-592: A grenade at the Archduke's car and injured two of his aides. The other assassins were also unsuccessful. An hour later, as Ferdinand was returning from visiting the injured officers in hospital, his car took a wrong turn into a street where Gavrilo Princip was standing. He fired two pistol shots, fatally wounding Ferdinand and his wife Sophie . According to historian Zbyněk Zeman , in Vienna "the event almost failed to make any impression whatsoever. On 28 and 29 June,
668-540: A guerrilla warfare campaign and only surrendered two weeks after the armistice took effect in Europe. Before the war, Germany had attempted to use Indian nationalism and pan-Islamism to its advantage, a policy continued post-1914 by instigating uprisings in India , while the Niedermayer–Hentig Expedition urged Afghanistan to join the war on the side of Central Powers. However, contrary to British fears of
835-659: A belligerent may apply only the amount and kind of force necessary to defeat the enemy. Further, attacks on military objects must not cause loss of civilian life considered excessive in relation to the direct military advantage anticipated. Every feasible precaution must be taken by commanders to avoid civilian casualties. The principle of proportionality has also been found by the ICRC to form part of customary international law in international and non-international armed conflicts. The principle of humane treatment requires that civilians be treated humanely at all times. Common Article 3 of
1002-408: A change in policy and an Anglo-German naval arms race began. Despite the vast sums spent by Tirpitz, the launch of HMS Dreadnought in 1906 gave the British a technological advantage. Ultimately, the race diverted huge resources into creating a German navy large enough to antagonise Britain, but not defeat it; in 1911, Chancellor Theobald von Bethmann Hollweg acknowledged defeat, leading to
1169-477: A conflict between territorial government forces and NSAs or NSAs themselves, but also a foreign military intervention against a NSA only if the territorial state consents to such intervention in its territory. Should the intervening country do so without the consent of the territorial state or in support of a NSA against that state, then Common Article 2 applies. For example, the American-led intervention in
1336-453: A conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law . Reparation for victims of serious violations of International Humanitarian Law acknowledges the suffering endured by individuals and communities and seeks to provide a form of redress for the harms inflicted upon them. The evolving legal landscape, notably through
1503-499: A controlling authority. The legal mandate of the ICRC stems from the four Geneva Conventions of 1949, as well as from its own Statutes. The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organization whose exclusively humanitarian mission is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance. During conflict, punishment for violating
1670-613: A direct threat. The 1908–1909 Bosnian Crisis began when Austria annexed the former Ottoman territory of Bosnia and Herzegovina , which it had occupied since 1878. Timed to coincide with the Bulgarian Declaration of Independence from the Ottoman Empire, this unilateral action was denounced by the European powers, but accepted as there was no consensus on how to resolve the situation. Some historians see this as
1837-534: A distinctive uniform or other easily identifiable badge, and the carrying of weapons openly. Impersonating soldiers of the other side by wearing the enemy's uniform is allowed, though fighting in that uniform is unlawful perfidy , as is the taking of hostages . International humanitarian law now includes several treaties that outlaw specific weapons. These conventions were created largely because these weapons cause deaths and injuries long after conflicts have ended. Unexploded land mines have caused up to 7,000 deaths
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#17327648612272004-566: A fighting function and fights on the State's behalf, a relationship of belonging for the purposes of Article 4A(2) exists." For example, the Viet Cong was under effective control and direction by North Vietnam during the Vietnam War , therefore Common Article 2 solely applied to the conflict. The term protecting power has a specific meaning under these Conventions. A protecting power is
2171-471: A gap between the German armies as they closed on Paris. The French army, reinforced by the British expeditionary corps, seized this opportunity to counter-attack and pushed the German army 40 to 80 km back. Both armies were then so exhausted that no decisive move could be implemented, so they settled in trenches, with the vain hope of breaking through as soon as they could build local superiority. In 1911,
2338-583: A largely extinct reality: on the one hand, most armed conflicts had become internal, or civil wars, while on the other, most wars had become increasingly asymmetric . Modern armed conflicts were inflicting an increasingly higher toll on civilians, which brought the need to provide civilian persons and objects with tangible protections in time of combat, bringing a much needed update to the Hague Conventions of 1899 and 1907 . In light of these developments, two Protocols were adopted in 1977 that extended
2505-481: A military command structure. The other Geneva Conventions are not applicable in this situation but only the provisions contained within Article 3, and additionally within the language of Protocol II . The rationale for the limitation is to avoid conflict with the rights of Sovereign States that were not part of the treaties. When the provisions of this article apply, it states that: Persons taking no active part in
2672-548: A possibility. This was accentuated by British and Russian support for France against Germany during the 1911 Agadir Crisis . German economic and industrial strength continued to expand rapidly post-1871. Backed by Wilhelm II, Admiral Alfred von Tirpitz sought to use this growth to build an Imperial German Navy , that could compete with the British Royal Navy . This policy was based on the work of US naval author Alfred Thayer Mahan , who argued that possession of
2839-604: A prisoner should not be killed, as he "cannot be held responsible for mere acts of belligerency". However, the prohibition against killing non-combatants is not necessarily absolute in Islamic Law. For example, in situations where an "enemy retreats inside fortifications and one-to-one combat is not an option", Islamic jurists have been unanimous as to the permissibility on the use of less discriminating weapons such as mangonels (a weapon for catapulting large stones) if required by military necessity but have differed with respect to
3006-468: A result of World War II, all four conventions were revised, based on previous revisions and on some of the 1907 Hague Conventions, and readopted by the international community in 1949. Later conferences have added provisions prohibiting certain methods of warfare and addressing issues of civil wars. The first three Geneva Conventions were revised, expanded, and replaced, and the fourth one was added, in 1949. There are three additional amendment protocols to
3173-581: A result, he published his book, A Memory of Solferino , in 1862, on the horrors of war. His wartime experiences inspired Dunant to propose: The former proposal led to the establishment of the Red Cross in Geneva . The latter led to the 1864 Geneva Convention , the first codified international treaty that covered the sick and wounded soldiers on the battlefield. On 22 August 1864, the Swiss government invited
3340-834: A revolt in India, the outbreak of the war saw a reduction in nationalist activity. Leaders from the Indian National Congress and other groups believed support for the British war effort would hasten Indian Home Rule , a promise allegedly made explicit in 1917 by Edwin Montagu , the Secretary of State for India . In 1914, the British Indian Army was larger than the British Army itself, and between 1914 and 1918 an estimated 1.3 million Indian soldiers and labourers served in Europe, Africa, and
3507-454: A series of conferences were held in 1949 reaffirming, expanding and updating the prior Geneva and Hague Conventions. It yielded four distinct conventions: Despite the length of these documents, they were found over time to be incomplete. The nature of armed conflicts had changed with the beginning of the Cold War era, leading many to believe that the 1949 Geneva Conventions were addressing
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#17327648612273674-516: A significant escalation, ending any chance of Austria cooperating with Russia in the Balkans, while also damaging diplomatic relations between Serbia and Italy. Tensions increased after the 1911–1912 Italo-Turkish War demonstrated Ottoman weakness and led to the formation of the Balkan League , an alliance of Serbia, Bulgaria, Montenegro , and Greece . The League quickly overran most of
3841-452: A state that is not taking part in the armed conflict, but that has agreed to look after the interests of a state that is a party to the conflict. The protecting power is a mediator enabling the flow of communication between the parties to the conflict. The protecting power also monitors the implementation of these Conventions, such as by visiting the zone of conflict and prisoners of war. The protecting power must act as an advocate for prisoners,
4008-415: A trial unless the allegation of a war crime has been made. According to article 43 of the 1949 Conventions, soldiers are employed for the purpose of serving in war; engaging in armed conflict is legitimate, and does not constitute a grave breach. Should a soldier be arrested by belligerent forces, they are to be considered "lawful combatants" and afforded the protectorate status of a prisoner of war (POW) until
4175-575: A trial; if captured after rejoining their own army, they must be treated as prisoners of war. Suspected terrorists who are captured during an armed conflict, without having participated in the hostilities, may be detained only in accordance with the GC IV , and are entitled to a regular trial. Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason. After
4342-478: A war on two fronts; the Schlieffen Plan envisaged using 80% of the army to defeat France, then switching to Russia. Since this required them to move quickly, mobilization orders were issued that afternoon. Once the German ultimatum to Russia expired on the morning of 1 August, the two countries were at war. At a meeting on 29 July, the British cabinet had narrowly decided its obligations to Belgium under
4509-402: A weak Ottoman government, rather than an ambitious Slav power like Bulgaria . Russia had ambitions in northeastern Anatolia while its clients had overlapping claims in the Balkans. These competing interests divided Russian policy-makers and added to regional instability. Austrian statesmen viewed the Balkans as essential for the continued existence of their Empire and saw Serbian expansion as
4676-455: A whole, the Somme offensive led to an estimated 420,000 British casualties, along with 200,000 French and 500,000 Germans. The diseases that emerged in the trenches were a major killer on both sides. The living conditions led to disease and infection, such as trench foot , lice , typhus , trench fever , and the ' Spanish flu '. At the start of the war, German cruisers were scattered across
4843-414: A year; unexploded bombs, particularly from cluster bombs that scatter many small "bomblets", have also killed many. An estimated 98% of the victims are civilian; farmers tilling their fields and children who find these explosives have been common victims. For these reasons, the following conventions have been adopted: The ICRC is the only institution explicitly named under international humanitarian law as
5010-581: Is addressed by the Hague Conventions of 1899 and 1907 and the 1980 Convention on Certain Conventional Weapons , while the biological and chemical warfare in international armed conflicts is addressed by the 1925 Geneva Protocol . The Swiss businessman Henry Dunant went to visit wounded soldiers after the Battle of Solferino in 1859. He was shocked by the lack of facilities, personnel, and medical aid available to help these soldiers. As
5177-563: Is important not to assume perfect alignment. There are areas in which legal norms and cultural practices clash. Violence against women, for example, is frequently legitimized by arguments from culture, and yet is prohibited in IHL and other international law. In such cases, it is important to ensure that IHL is not negatively affected. World War I World War I or the First World War (28 July 1914 – 11 November 1918), also known as
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5344-508: Is known, however, that from 1908 to 1913, military spending by the six major European powers increased by over 50% in real terms. The years before 1914 were marked by a series of crises in the Balkans, as other powers sought to benefit from the Ottoman decline. While Pan-Slavic and Orthodox Russia considered itself the protector of Serbia and other Slav states, they preferred the strategically vital Bosporus straits to be controlled by
5511-753: Is listed at Article 39.2, but the law is silent on the complete absence of insignia. The status of POWs captured in this circumstance remains a question. Educational institutions and organizations including Harvard University , the International Committee of the Red Cross , and the Rohr Jewish Learning Institute use the Geneva Convention as a primary text investigating torture and warfare. Artificial intelligence and autonomous weapon systems, such as military robots and cyber-weapons, are creating challenges in
5678-631: Is made up of two historical streams: The two streams take their names from a number of international conferences that took place in those two cities and which produced treaties relating to war and conflict, in particular the Hague Conventions of 1899 and 1907, and the Geneva Conventions, the first of which was drawn up in 1863. Both deal with jus in bello , which deals with the question of whether certain practices are acceptable during armed conflict. The Law of The Hague, or
5845-536: Is naked, nor one who is disarmed, nor one who looks on without taking part in the fight." Islamic law states that " non-combatants who did not take part in fighting such as women, children, monks and hermits, the aged, blind, and insane" were not to be molested. The first Caliph, Abu Bakr , proclaimed, "Do not mutilate. Do not kill little children or old men or women. Do not cut off the heads of palm trees or burn them. Do not cut down fruit trees. Do not slaughter livestock except for food." Islamic jurists have held that
6012-574: The Schutzkorps was established, and carried out the persecution of Serbs. The assassination initiated the July Crisis, a month of diplomatic manoeuvring between Austria-Hungary, Germany, Russia, France and Britain. Believing that Serbian intelligence helped organise Franz Ferdinand's murder, Austrian officials wanted to use the opportunity to end their interference in Bosnia and saw war as
6179-641: The World War . In August 1914, the magazine The Independent wrote "This is the Great War. It names itself". In October 1914, the Canadian magazine Maclean's similarly wrote, "Some wars name themselves. This is the Great War." Contemporary Europeans also referred to it as " the war to end war " and it was also described as "the war to end all wars" due to their perception of its unparalleled scale, devastation, and loss of life. The first recorded use of
6346-782: The Algerian War and the Troubles . On February 7, 2002, President Bush adopted the view that Common Article 3 did not protect al Qaeda prisoners because the United States-al Qaeda conflict was "not of an international character." The Supreme Court of the United States invalidated the Bush Administration view of Common Article 3, in Hamdan v. Rumsfeld , by ruling that Common Article Three of
6513-643: The Australian Naval and Military Expeditionary Force landed on the island of New Britain , then part of German New Guinea . On 28 October, the German cruiser SMS Emden sank the Russian cruiser Zhemchug in the Battle of Penang . Japan declared war on Germany before seizing territories in the Pacific, which later became the South Seas Mandate , as well as German Treaty ports on
6680-769: The Great War , was a global conflict between two coalitions: the Allies (or Entente) and the Central Powers . Fighting took place mainly in Europe and the Middle East , as well as in parts of Africa and the Asia-Pacific , and in Europe was characterised by trench warfare ; the widespread use of artillery , machine guns, and chemical weapons (gas); and the introductions of tanks and aircraft . World War I
6847-717: The International Criminal Tribunals for the former Yugoslavia and Rwanda ) and mixed tribunals (like the Special Court for Sierra Leone ) have contributed to expanding the scope of definitions of sexual violence and rape in conflict. They have effectively prosecuted sexual and gender-based crimes committed during armed conflict. There is now well-established jurisprudence on gender-based crimes. Nonetheless, there remains an urgent need to further develop constructions of gender within international humanitarian law. IHL has generally not been subject to
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7014-487: The Nuremberg trials . IHL operates on a strict division between rules applicable in international armed conflict and internal armed conflict . International humanitarian law is traditionally seen as distinct from international human rights law (which governs the conduct of a state towards its people), although the two branches of law are complementary and in some ways overlap. Modern international humanitarian law
7181-721: The Rüstungswende or 'armaments turning point', when he switched expenditure from the navy to the army. This decision was not driven by a reduction in political tensions but by German concern over Russia's quick recovery from its defeat in the Russo-Japanese War and subsequent 1905 Russian Revolution . Economic reforms led to a significant post-1908 expansion of railways and transportation infrastructure, particularly in its western border regions. Since Germany and Austria-Hungary relied on faster mobilisation to compensate for their numerical inferiority compared to Russia,
7348-706: The Soviet–Afghan War was an IAC because the Soviet Union invaded the Democratic Republic of Afghanistan (DRA) to remove Afghan communist leader Hafizullah Amin from power, then installed puppet leader Babrak Karmal , who "invited" Soviet troops to intervene against the Afghan mujahideen fighters. While non-state armed groups are automatically presumed to engage in NIACs, they also can cross into
7515-771: The Syrian civil war . The lines between combatants and civilians have blurred when the actors are not exclusively High Contracting Parties (HCP). Since the fall of the Soviet Union , an HCP often is faced with a non-state actor, as argued by General Wesley Clark in 2007. Examples of such conflict include the Sri Lankan Civil War , the Sudanese Civil War , and the Colombian Armed Conflict , as well as most military engagements of
7682-630: The United Nations Security Council resolution 2664 (2022). This includes incorporating humanitarian exemptions into EU sanctions regimes, ensuring that aid can reach those in need without legal barriers. This shift has led to the inclusion of comprehensive humanitarian exemptions in new sanctions frameworks for Niger and Sudan, and the amendment of existing regimes to incorporate similar exemptions, thereby covering key humanitarian contexts in countries like Lebanon, Myanmar, and Venezuela. IHL emphasises, in various provisions in
7849-828: The United States entered the war on the Allied side following Germany's resumption of unrestricted submarine warfare against Atlantic shipping. Later that year, the Bolsheviks seized power in the Russian October Revolution , and Soviet Russia signed an armistice with the Central Powers in December, followed by a separate peace in March 1918. That month, Germany launched an offensive in
8016-474: 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. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to
8183-487: The hydrophone and depth charges were introduced, destroyers could potentially successfully attack a submerged submarine. Convoys slowed the flow of supplies since ships had to wait as convoys were assembled; the solution was an extensive program of building new freighters. Troopships were too fast for the submarines and did not travel the North Atlantic in convoys. The U-boats sunk more than 5,000 Allied ships, at
8350-476: The laws of war proper, "determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm". In particular, it concerns itself with Systematic attempts to limit the savagery of warfare only began to develop in the 19th century. Such concerns were able to build on the changing view of warfare by states influenced by the Age of Enlightenment. The purpose of warfare
8517-596: The rights of fair and regular trial ", because they are still covered by GC IV, Article 5 . Spies and terrorists are only protected by the laws of war if the "power" which holds them is in a state of armed conflict or war, and until they are found to be an "unlawful combatant". Depending on the circumstances, they may be subject to civilian law or a military tribunal for their acts. In practice, they have often have been subjected to torture and execution. The laws of war neither approve nor condemn such acts, which fall outside their scope. Spies may only be punished following
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#17327648612278684-769: The tank . After the First Battle of the Marne in September 1914, Allied and German forces unsuccessfully tried to outflank each other, a series of manoeuvres later known as the " Race to the Sea ". By the end of 1914, the opposing forces confronted each other along an uninterrupted line of entrenched positions from the Channel to the Swiss border. Since the Germans were normally able to choose where to stand, they generally held
8851-588: The 1839 Treaty of London did not require it to oppose a German invasion with military force; however, Prime Minister Asquith and his senior Cabinet ministers were already committed to supporting France, the Royal Navy had been mobilised, and public opinion was strongly in favour of intervention. On 31 July, Britain sent notes to Germany and France, asking them to respect Belgian neutrality; France pledged to do so, but Germany did not reply. Aware of German plans to attack through Belgium, French Commander-in-Chief Joseph Joffre asked his government for permission to cross
9018-431: The 1879 Dual Alliance , which became the Triple Alliance when Italy joined in 1882. For Bismarck, the purpose of these agreements was to isolate France by ensuring the three Empires resolve any disputes between themselves. In 1887, Bismarck set up the Reinsurance Treaty , a secret agreement between Germany and Russia to remain neutral if either were attacked by France or Austria-Hungary. For Bismarck, peace with Russia
9185-441: The 1913 Treaty of London , which had created an independent Albania while enlarging the territories of Bulgaria, Serbia, Montenegro and Greece. However, disputes between the victors sparked the 33-day Second Balkan War , when Bulgaria attacked Serbia and Greece on 16 June 1913; it was defeated, losing most of Macedonia to Serbia and Greece, and Southern Dobruja to Romania. The result was that even countries which benefited from
9352-403: The 1949 conventions. Those not listed as protected persons in such conflicts are instead protected by international human rights law and general treaties concerning the legal status of aliens in belligerent nations. In international law and diplomacy the term convention refers to an international agreement, or treaty. With two Geneva Conventions revised and adopted and two added in 1949,
9519-421: The Amelioration of the Condition of the Wounded and Sick in Armies in the Field", which improved and supplemented, for the first time, the 1864 convention. It remained in force until 1970 when Costa Rica acceded to the 1949 Geneva Conventions. The 1929 conference yielded two conventions that were signed on 27 July 1929. One, the " Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in
9686-409: The Austrians and Serbs clashed at the battles of the Cer and Kolubara ; over the next two weeks, Austrian attacks were repulsed with heavy losses. As a result, Austria had to keep sizeable forces on the Serbian front, weakening their efforts against Russia. Serbia's victory against Austria-Hungary in the 1914 invasion has been called one of the major upset victories of the twentieth century. In 1915,
9853-593: The Austrians briefly occupied the Serbian capital, Belgrade . A Serbian counter-attack in the Battle of Kolubara succeeded in driving them from the country by the end of 1914. For the first 10 months of 1915, Austria-Hungary used most of its military reserves to fight Italy. German and Austro-Hungarian diplomats scored a coup by persuading Bulgaria to join the attack on Serbia. The Austro-Hungarian provinces of Slovenia , Croatia and Bosnia provided troops for Austria-Hungary. Montenegro allied itself with Serbia. Bulgaria declared war on Serbia on 14 October 1915 and joined in
10020-493: The Balkan Wars, such as Serbia and Greece, felt cheated of their "rightful gains", while for Austria it demonstrated the apparent indifference with which other powers viewed their concerns, including Germany. This complex mix of resentment, nationalism and insecurity helps explain why the pre-1914 Balkans became known as the " powder keg of Europe ". On 28 June 1914, Archduke Franz Ferdinand of Austria , heir presumptive to Emperor Franz Joseph I of Austria , visited Sarajevo ,
10187-404: The Central Powers. However, the pro-German King Constantine I dismissed the pro-Allied government of Eleftherios Venizelos before the Allied expeditionary force arrived. The Macedonian front was at first mostly static. French and Serbian forces retook limited areas of Macedonia by recapturing Bitola on 19 November 1916 following the costly Monastir offensive , which brought stabilisation of
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#173276486122710354-410: The Chinese Shandong peninsula at Tsingtao . After Vienna refused to withdraw its cruiser SMS Kaiserin Elisabeth from Tsingtao, Japan declared war on Austria-Hungary, and the ship was sunk in November 1914. Within a few months, Allied forces had seized all German territories in the Pacific, leaving only isolated commerce raiders and a few holdouts in New Guinea. Some of the first clashes of
10521-416: The Field ", was the third version to replace the original convention of 1864. The other was adopted after experiences in World War I had shown the deficiencies in the protection of prisoners of war under the Hague Conventions of 1899 and 1907 . The "Convention relative to the Treatment of Prisoners of War" was not to replace these earlier conventions signed at The Hague; rather it supplemented them. There
10688-594: The GCs and APs, the concept of formal equality and non-discrimination. Protections should be provided "without any adverse distinction founded on sex". For example, with regard to female prisoners of war, women are required to receive treatment "as favourable as that granted to men". In addition to claims of formal equality, IHL mandates special protections to women, providing female prisoners of war with separate dormitories from men, for example, and prohibiting sexual violence against women . The reality of women's and men's lived experiences of conflict has highlighted some of
10855-506: The GCs prohibits violence to life and person (including cruel treatment and torture), the taking of hostages, humiliating and degrading treatment, and execution without regular trial against non-combatants, including persons hors de combat (wounded, sick and shipwrecked). Civilians are entitled to respect for their physical and mental integrity, their honour, family rights, religious convictions and practices, and their manners and customs. This principle of humane treatment has been affirmed by
11022-503: The Geneva Convention: The Geneva Conventions of 1949 may be seen, therefore, as the result of a process which began in 1864. Today they have "achieved universal participation with 194 parties". This means that they apply to almost any international armed conflict. The Additional Protocols, however, have yet to achieve near-universal acceptance, since the United States and several other significant military powers (like Iran, Israel, India and Pakistan) are currently not parties to them. With
11189-452: The Geneva Conventions applies to detainees in the "War on Terror", and that the Guantanamo military commission process used to try these suspects was in violation of U.S. and international law. In response to Hamdan , Congress passed the Military Commissions Act of 2006 , which President Bush signed into law on October 17, 2006. Like the Military Commissions Act of 2006 , its successor the Military Commissions Act of 2009 explicitly forbids
11356-400: The Geneva Conventions apply to all the cases of international armed conflict (IAC), where at least one of the warring nations has ratified the Conventions. Primarily: Article 1 of Protocol I further clarifies that armed conflict against colonial domination and foreign occupation also qualifies as an international conflict. When the criteria of international armed conflict have been met,
11523-430: The Geneva Conventions in the Russo-Ukrainian War (2014–present) has been troublesome because some of the personnel who engaged in combat against the Ukrainians were not identified by insignia, although they did wear military-style fatigues. The types of comportment qualified as acts of perfidy under jus in bello doctrine are listed in Articles 37 through 39 of the Geneva Convention; the prohibition of fake insignia
11690-548: The German High Seas Fleet was confined to port. German U-boats attempted to cut the supply lines between North America and Britain. The nature of submarine warfare meant that attacks often came without warning, giving the crews of the merchant ships little hope of survival. The United States launched a protest, and Germany changed its rules of engagement. After the sinking of the passenger ship RMS Lusitania in 1915, Germany promised not to target passenger liners, while Britain armed its merchant ships, placing them beyond
11857-465: The German Army increased in size from 1908 to 1914, he changed the allocation of forces between the two wings to 70:30. He also considered Dutch neutrality essential for German trade and cancelled the incursion into the Netherlands, which meant any delays in Belgium threatened the viability of the plan. Historian Richard Holmes argues that these changes meant the right wing was not strong enough to achieve decisive success. The initial German advance in
12024-752: The German right wing would sweep through the Netherlands and Belgium , then swing south, encircling Paris and trapping the French army against the Swiss border. The plan's creator, Alfred von Schlieffen , head of the German General Staff from 1891 to 1906, estimated that this would take six weeks, after which the German army would transfer to the East and defeat the Russians. The plan was substantially modified by his successor, Helmuth von Moltke
12191-486: The Germans bled heavily as well, with anywhere from 700,000 to 975,000 casualties between the two combatants. Verdun became a symbol of French determination and self-sacrifice. The Battle of the Somme was an Anglo-French offensive from July to November 1916. The opening day on 1 July 1916 was the bloodiest single day in the history of the British Army , which suffered 57,500 casualties, including 19,200 dead. As
12358-420: The ICRC as a norm of customary international law, applicable in both international and non-international armed conflicts. The principle of non-discrimination is a core principle of IHL. Adverse distinction based on race, sex, nationality, religious belief or political opinion is prohibited in the treatment of prisoners of war, civilians, and persons hors de combat . All protected persons shall be treated with
12525-907: The ICTY ruled that grave breaches apply not only to international conflicts, but also to internal armed conflict. Further, those provisions are considered customary international law . Controversy has arisen over the US designation of irregular opponents as "unlawful enemy combatants " (see also unlawful combatant ), especially in the Supreme Court of the United States judgments over the Guantanamo Bay detention camp brig facility Hamdi v. Rumsfeld , Hamdan v. Rumsfeld and Rasul v. Bush , and later Boumediene v. Bush . President George W. Bush , aided by Attorneys-General John Ashcroft and Alberto Gonzales and General Keith B. Alexander , claimed
12692-462: The Law of The Hague and the Law of Geneva, but also important human rights provisions. Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a red cross . It is also prohibited to fire at a person or vehicle bearing a white flag, since that, being considered the flag of truce, indicates an intent to surrender or a desire to communicate. In either case,
12859-688: The Middle East. In all, 140,000 soldiers served on the Western Front and nearly 700,000 in the Middle East, with 47,746 killed and 65,126 wounded. The suffering engendered by the war, as well as the failure of the British government to grant self-government to India afterward, bred disillusionment, resulting in the campaign for full independence led by Mahatma Gandhi . Pre-war military tactics that had emphasised open warfare and individual riflemen proved obsolete when confronted with conditions prevailing in 1914. Technological advances allowed
13026-467: The Netherlands and the United States of America. The Netherlands later withdrew their ratification. The protection of the victims of maritime warfare would later be realized by the third Hague Convention of 1899 and the tenth Hague Convention of 1907 . In 1906 thirty-five states attended a conference convened by the Swiss government. On 6 July 1906 it resulted in the adoption of the "Convention for
13193-784: The Ottomans joined the Central Powers in November. Germany's strategy in 1914 was to quickly defeat France, then to transfer its forces to the east, but its advance was halted in September , and by the end of the year the Western Front consisted of a continuous line of trenches stretching from the English Channel to Switzerland. The Eastern Front was more dynamic, but neither side gained a decisive advantage, despite costly offensives. Italy , Bulgaria , Romania , Greece and others joined in from 1915 onward. In April 1917,
13360-613: The Ottomans' territory in the Balkans during the 1912–1913 First Balkan War , much to the surprise of outside observers. The Serbian capture of ports on the Adriatic resulted in partial Austrian mobilisation, starting on 21 November 1912, including units along the Russian border in Galicia . The Russian government decided not to mobilise in response, unprepared to precipitate a war. The Great Powers sought to re-assert control through
13527-613: The Russian Stavka agreed with the French to attack Germany within fifteen days of mobilisation, ten days before the Germans had anticipated, although it meant the two Russian armies that entered East Prussia on 17 August did so without many of their support elements. By the end of 1914, German troops held strong defensive positions inside France, controlled the bulk of France's domestic coalfields, and inflicted 230,000 more casualties than it lost itself. However, communications problems and questionable command decisions cost Germany
13694-650: The Serbian retreat toward the Adriatic coast in the Battle of Mojkovac on 6–7 January 1916, but ultimately the Austrians also conquered Montenegro. The surviving Serbian soldiers were evacuated to Greece. After the conquest, Serbia was divided between Austro-Hungary and Bulgaria. In late 1915, a Franco-British force landed at Salonica in Greece to offer assistance and to pressure its government to declare war against
13861-683: The Syrian civil war became both an IAC with Syria and a NIAC with the Islamic State because the U.S. intervened in Syrian territory without the former's consent. On the other hand, Russia intervened in Syrian territory against the Free Syrian Army upon invitation by Syria, making Russia's participation subject only to Common Article 3 and therefore Protocol II (which Russia ratified on September 29, 1989). The U.S.-led NATO invasion of Afghanistan from October 7 to December 17, 2001
14028-506: The US since 2000. Some scholars hold that Common Article 3 deals with these situations, supplemented by Protocol II (1977). These set out minimum legal standards that must be followed for internal conflicts. International tribunals, particularly the International Criminal Tribunal for the former Yugoslavia (ICTY), have clarified international law in this area. In the 1999 Prosecutor v. Dusko Tadic judgement,
14195-651: The West was very successful. By the end of August, the Allied left, which included the British Expeditionary Force (BEF), was in full retreat , and the French offensive in Alsace-Lorraine was a disastrous failure, with casualties exceeding 260,000. German planning provided broad strategic instructions while allowing army commanders considerable freedom in carrying them out at the front, but von Kluck used this freedom to disobey orders, opening
14362-485: The Younger . Under Schlieffen, 85% of German forces in the west were assigned to the right wing, with the remainder holding along the frontier. By keeping his left-wing deliberately weak, he hoped to lure the French into an offensive into the "lost provinces" of Alsace-Lorraine , which was the strategy envisaged by their Plan XVII . However, Moltke grew concerned that the French might push too hard on his left flank and as
14529-613: The above-mentioned persons: During the negotiation of the Geneva Conventions, France and Britain were initially staunchly opposed to Common Article 3. However, to save face during negotiations and make strategic concessions, France and Britain deliberately introduced ambiguous language in the text of Common Article 3 that made it easy for states to avoid the obligations of the rule. As a consequence, Common Article 3 only concerns with humane treatment and does not deal with methods and means of hostilities, such as bombings committed by non-state armed groups or state forces against civilian targets in
14696-490: The adoption of the 1977 Additional Protocols to the Geneva Conventions , the two strains of law began to converge, although provisions focusing on humanity could already be found in the Hague law (i.e. the protection of certain prisoners of war and civilians in occupied territories). The 1977 Additional Protocols, relating to the protection of victims in both international and internal conflict, not only incorporated aspects of both
14863-446: The age of eighteen must not be permitted to take part in hostilities, cannot be evacuated to a foreign country by a country other than theirs, except temporarily due to a compelling threat to their health and safety, and if orphaned or separated from their families, must be maintained and receive an education. The European Union has made significant changes to its sanctions policy to better safeguard humanitarian efforts, in response to
15030-446: The aggressor, German Chancellor Bethmann Hollweg delayed the commencement of war preparations until 31 July. That afternoon, the Russian government were handed a note requiring them to "cease all war measures against Germany and Austria-Hungary" within 12 hours. A further German demand for neutrality was refused by the French who ordered general mobilization but delayed declaring war. The German General Staff had long assumed they faced
15197-474: The attack by the Austro-Hungarian army under Mackensen's army of 250,000 that was already underway. Serbia was conquered in a little more than a month, as the Central Powers, now including Bulgaria, sent in 600,000 troops in total. The Serbian army, fighting on two fronts and facing certain defeat, retreated into northern Albania . The Serbs suffered defeat in the Battle of Kosovo . Montenegro covered
15364-556: The basic rights of wartime prisoners , civilians and military personnel ; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone. The Geneva Conventions define the rights and protections afforded to those non-combatants who fulfill the criteria of being protected persons . The treaties of 1949 were ratified, in their entirety or with reservations , by 196 countries . The Geneva Conventions concern only protected non-combatants in war. The use of wartime conventional weapons
15531-543: The best way of achieving this. However, the Foreign Ministry had no solid proof of Serbian involvement. On 23 July, Austria delivered an ultimatum to Serbia, listing ten demands made intentionally unacceptable to provide an excuse for starting hostilities. Serbia ordered general mobilization on 25 July, but accepted all the terms, except for those empowering Austrian representatives to suppress "subversive elements" inside Serbia, and take part in
15698-483: The border and pre-empt such a move. To avoid violating Belgian neutrality, he was told any advance could come only after a German invasion. Instead, the French cabinet ordered its Army to withdraw 10 km behind the German frontier, to avoid provoking war. On 2 August, Germany occupied Luxembourg and exchanged fire with French units when German patrols entered French territory; on 3 August, they declared war on France and demanded free passage across Belgium, which
15865-486: The campaign saw the first use of anti-aircraft warfare after an Austrian plane was shot down with ground-to-air fire, as well as the first medical evacuation by the Serbian army. Upon mobilisation, in accordance with the Schlieffen Plan , 80% of the German Army was located on the Western Front, with the remainder acting as a screening force in the East. Rather than a direct attack across their shared frontier,
16032-649: The capital of the recently annexed Bosnia and Herzegovina . Cvjetko Popović , Gavrilo Princip , Nedeljko Čabrinović , Trifko Grabež , Vaso Čubrilović ( Bosnian Serbs ) and Muhamed Mehmedbašić (from the Bosniaks community), from the movement known as Young Bosnia , took up positions along the Archduke's motorcade route, to assassinate him. Supplied with arms by extremists within the Serbian Black Hand intelligence organisation, they hoped his death would free Bosnia from Austrian rule. Čabrinović threw
16199-447: The cessation of the conflict. Human rights law applies to any incarcerated individual, including the right to a fair trial. Charges may only be brought against an enemy POW after a fair trial, but the initial crime being accused must be an explicit violation of the accords, more severe than simply fighting against the captor in battle. No trial will otherwise be afforded to a captured soldier, as deemed by human rights law. This element of
16366-466: The chance of a decisive outcome, while it had failed to achieve the primary objective of avoiding a long, two-front war. As was apparent to several German leaders, this amounted to a strategic defeat; shortly after the First Battle of the Marne , Crown Prince Wilhelm told an American reporter "We have lost the war. It will go on for a long time but lost it is already." On 30 August 1914, New Zealand occupied German Samoa (now Samoa ). On 11 September,
16533-415: The characteristics of war, whether carried out within the confines of one country or not. There are two criteria to distinguish non-international armed conflicts from lower forms of violence. The level of violence has to be of certain intensity, for example when the state cannot contain the situation with regular police forces. Also, involved non-state groups need to have a certain level of organization, like
16700-487: The civilian population. The two additional protocols adopted in 1977 extend and strengthen civilian protection in international (AP I) and non-international (AP II) armed conflict: for example, by introducing the prohibition of direct attacks against civilians. A "civilian" is defined as "any person not belonging to the armed forces", including non-nationals and refugees. However, it is accepted that operations may cause civilian casualties. Luis Moreno Ocampo, chief prosecutor of
16867-503: The conduct and responsibilities of belligerent nations, neutral nations , and individuals engaged in warfare, in relation to each other and to protected persons , usually meaning non-combatants . It is designed to balance humanitarian concerns and military necessity , and subjects warfare to the rule of law by limiting its destructive effect and alleviating human suffering. Serious violations of international humanitarian law are called war crimes . While IHL ( jus in bello ) concerns
17034-548: The conflict, as well as to military personnel hors de combat . It provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations such as the ICRC. This focus can be found in the Geneva Conventions . The Geneva Conventions are the result of a process that developed in a number of stages between 1864 and 1949. It focused on the protection of civilians and those who can no longer fight in an armed conflict. As
17201-413: The convention has been confused during past incidents of detainment of US soldiers by North Vietnam, where the regime attempted to try all imprisoned soldiers in court for committing grave breaches, on the incorrect assumption that their sole existence as enemies of the state violated international law. Although warfare has changed dramatically since the Geneva Conventions of 1949, they are still considered
17368-622: The convention: For both of these accomplishments, Henry Dunant became co recipient of the first Nobel Peace Prize in 1901. On 20 October 1868 the first unsuccessful attempt to expand the 1864 treaty was undertaken. With the 'Additional Articles relating to the Condition of the Wounded in War' an attempt was initiated to clarify some rules of the 1864 convention and to extend them to maritime warfare. The Articles were signed but were only ratified by
17535-715: The cornerstone of contemporary international humanitarian law . They protect combatants who find themselves hors de combat , and they protect civilians caught up in the zone of war. These treaties came into play for all recent non-international armed conflicts, including the War in Afghanistan , the Iraq War , the invasion of Chechnya (1994–2017) , and the Russo-Georgian War . The Geneva Conventions also protect those affected by non-international armed conflicts such as
17702-520: The cost of 199 submarines. World War I also saw the first use of aircraft carriers in combat, with HMS Furious launching Sopwith Camels in a successful raid against the Zeppelin hangars at Tondern in July 1918, as well as blimps for antisubmarine patrol. Faced with Russia in the east, Austria-Hungary could spare only one-third of its army to attack Serbia. After suffering heavy losses,
17869-522: The creation of new independent states, including Poland , Finland , the Baltic states , Czechoslovakia , and Yugoslavia . The League of Nations was established to maintain world peace, but its failure to manage instability during the interwar period contributed to the outbreak of World War II in 1939. Before World War II , the events of 1914–1918 were generally known as the Great War or simply
18036-449: The creation of strong defensive systems largely impervious to massed infantry advances, such as barbed wire , machine guns and above all far more powerful artillery , which dominated the battlefield and made crossing open ground extremely difficult. Both sides struggled to develop tactics for breaching entrenched positions without heavy casualties. In time, technology enabled the production of new offensive weapons, such as gas warfare and
18203-522: The creation, interpretation and application of the laws of armed conflict. The complexity of these new challenges, as well as the speed in which they are developed, complicates the application of the Conventions, which have not been updated in a long time. Adding to this challenge is the very slow speed of the procedure of developing new treaties to deal with new forms of warfare, and determining agreed-upon interpretations to existing ones, meaning that by
18370-965: The crowds listened to music and drank wine, as if nothing had happened." Nevertheless, the impact of the murder of the heir to the throne was significant, and has been described by historian Christopher Clark as a "9/11 effect, a terrorist event charged with historic meaning, transforming the political chemistry in Vienna". Austro-Hungarian authorities encouraged subsequent anti-Serb riots in Sarajevo . Violent actions against ethnic Serbs were also organised outside Sarajevo, in other cities in Austro-Hungarian-controlled Bosnia and Herzegovina, Croatia and Slovenia. Austro-Hungarian authorities in Bosnia and Herzegovina imprisoned approximately 5,500 prominent Serbs, 700 to 2,200 of whom died in prison. A further 460 Serbs were sentenced to death. A predominantly Bosniak special militia known as
18537-493: The enforcement of grave breaches when the United Nations Security Council asserts its authority and jurisdiction from the UN Charter to apply universal jurisdiction. The UNSC did this when they established the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia to investigate and/or prosecute alleged violations. Soldiers, as prisoners of war, will not receive
18704-470: The execution of POWs . At the same time, the involvement during the Crimean War of a number of such individuals as Florence Nightingale and Henry Dunant , a Genevese businessman who had worked with wounded soldiers at the Battle of Solferino , led to more systematic efforts to prevent the suffering of war victims. Dunant wrote a book, which he titled A Memory of Solferino , in which he described
18871-695: The expansion of the French colonial empire . In 1873, Bismarck negotiated the League of the Three Emperors , which included Austria-Hungary , Russia and Germany. After the 1877–1878 Russo-Turkish War , the League was dissolved due to Austrian concerns over the expansion of Russian influence in the Balkans , an area they considered to be of vital strategic interest. Germany and Austria-Hungary then formed
19038-634: The first of its kind in the West. It was not until the second half of the 19th century, however, that a more systematic approach was initiated. In the United States, a German immigrant, Francis Lieber , drew up a code of conduct in 1863, which came to be known as the Lieber Code , for the Union Army during the American Civil War . The Lieber Code included the humane treatment of civilian populations in areas of conflict, and also forbade
19205-400: The first time on the Western Front. Several types of gas soon became widely used by both sides and though it never proved a decisive, battle-winning weapon, it became one of the most feared and best-remembered horrors of the war. In February 1916, the Germans attacked French defensive positions at the Battle of Verdun , lasting until December 1916. Casualties were greater for the French, but
19372-431: The following: Nations that are party to these treaties must enact and enforce legislation penalizing any of these crimes. Nations are also obligated to search for persons alleged to commit these crimes, or persons having ordered them to be committed , and to bring them to trial regardless of their nationality and regardless of the place where the crimes took place. The principle of universal jurisdiction also applies to
19539-440: The four Geneva Conventions. The series was edited by Jean Pictet who was the vice-president of the International Committee of the Red Cross . The Commentaries are often relied upon to provide authoritative interpretation of the articles. The Geneva Conventions are rules that apply only in times of armed conflict and seek to protect people who are not or are no longer taking part in hostilities. The first convention dealt with
19706-595: The front. Serbian and French troops finally made a breakthrough in September 1918 in the Vardar offensive , after most German and Austro-Hungarian troops had been withdrawn. The Bulgarians were defeated at the Battle of Dobro Pole , and by 25 September British and French troops had crossed the border into Bulgaria proper as the Bulgarian army collapsed. Bulgaria capitulated four days later, on 29 September 1918. The German high command responded by despatching troops to hold
19873-511: The full protections of the Conventions are considered to apply. This article states that the certain minimum rules of war apply to armed conflicts "not of an international character." The International Committee of the Red Cross has explained that this language describes non-international armed conflict (NIAC) "where at least one Party is not a State." For example, it would apply to conflicts between state forces and non-state actors (NSAs), or between two NSAs, or to other conflicts that have all
20040-496: The gender limitations of IHL. Feminist critics have challenged IHL's focus on male combatants and its relegation of women to the status of victims, and its granting them legitimacy almost exclusively as child-rearers. A study of the 42 provisions relating to women within the Geneva Conventions and the Additional Protocols found that almost half address women who are expectant or nursing mothers. Others have argued that
20207-724: The global level as early as the 1907 Second Hague Conference, and have continued to do so since. ICRC studies on the Middle East, Somalia, Latin America, and the Pacific, for example have found that there are traditional and long-standing practices in various cultures that preceded, but are generally consistent with, modern IHL. It is important to respect local and cultural practices that are in line with IHL. Relying on these links and on local practices can help to promote awareness of and adherence to IHL principles among local groups and communities. Durham cautions that, although traditional practices and IHL legal norms are largely compatible, it
20374-542: The globe, some of which were subsequently used to attack Allied merchant shipping . These were systematically hunted down by the Royal Navy, though not before causing considerable damage. One of the most successful was the SMS ; Emden , part of the German East Asia Squadron stationed at Qingdao , which seized or sank 15 merchantmen, a Russian cruiser and a French destroyer. Most of the squadron
20541-567: The governments of all European countries, as well as the United States, Brazil, and Mexico, to attend an official diplomatic conference. Sixteen countries sent a total of twenty-six delegates to Geneva. On 22 August 1864, the conference adopted the first Geneva Convention "for the Amelioration of the Condition of the Wounded in Armies in the Field". Representatives of 12 states and kingdoms signed
20708-549: The high ground, while their trenches tended to be better built; those constructed by the French and English were initially considered "temporary", only needed until an offensive would destroy the German defences. Both sides tried to break the stalemate using scientific and technological advances. On 22 April 1915, at the Second Battle of Ypres , the Germans (violating the Hague Convention ) used chlorine gas for
20875-566: The horrors he had witnessed. His reports were so shocking that they led to the founding of the International Committee of the Red Cross (ICRC) in 1863, and the convening of a conference in Geneva in 1864, which drew up the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field . The Law of Geneva is directly inspired by the principle of humanity . It relates to those who are not participating in
21042-468: The international criminal court, wrote in 2006: "International humanitarian law and the Rome statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur. A crime occurs if there is an intentional attack directed against civilians (principle of distinction) ... or an attack is launched on a military objective in
21209-470: The investigation and trial of Serbians linked to the assassination. Claiming this amounted to rejection, Austria broke off diplomatic relations and ordered partial mobilisation the next day; on 28 July, they declared war on Serbia and began shelling Belgrade . Russia ordered general mobilization in support of Serbia on 30 July. Anxious to ensure backing from the SPD political opposition by presenting Russia as
21376-408: The invocation of the Geneva Conventions "as a basis for a private right of action." "... Common Article 3 continues the conventional practice (reflected in both the 'Lieber' and 'The Hague' provisions) of according humanitarian protections only to 'belligerents' who defer to the laws and customs of war : not to 'insurrectionists' who defy these norms from the very outset of hostilities. Observance of
21543-591: The issue of sexual violence against men in conflict has not yet received the attention it deserves. Soft-law instruments have been relied on to supplement the protection of women in armed conflict: Read together with other legal mechanisms, in particular the UN Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), these can enhance interpretation and implementation of IHL. In addition, international criminal tribunals (like
21710-508: The knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality)." The provisions and principles of IHL which seek to protect civilians are: The principle of distinction protects civilian population and civilian objects from the effects of military operations. It requires parties to an armed conflict to distinguish at all times, and under all circumstances, between combatants and military objectives on
21877-429: The laws of war may consist of a specific, deliberate and limited violation of the laws of war in reprisal . Combatants who break specific provisions of the laws of war lose the protections and status afforded to them as prisoners of war , but only after facing a "competent tribunal". At that point, they become unlawful combatants , but must still be "treated with humanity and, in case of trial, shall not be deprived of
22044-785: The long-standing balance of power in Europe, as well as economic competition between nations triggered by industrialisation and imperialism . Growing tensions between the great powers and in the Balkans reached a breaking point on 28 June 1914, when a Bosnian Serb named Gavrilo Princip assassinated Archduke Franz Ferdinand , heir to the Austro-Hungarian throne. Austria-Hungary held Serbia responsible, and declared war on 28 July. After Russia mobilised in Serbia's defence, Germany declared war on Russia and France , who had an alliance . The United Kingdom entered after Germany invaded Belgium , whose neutrality it guaranteed, and
22211-630: The means and methods of warfare available to combatants . International humanitarian law is inspired by considerations of humanity and the mitigation of human suffering. It comprises a set of rules, which is established by treaty or custom and that seeks to protect persons and property/objects that are or may be affected by armed conflict, and it limits the rights of parties to a conflict to use methods and means of warfare of their choice. Sources of international law include international agreements (the Geneva Conventions ), customary international law , general principles of nations, and case law . It defines
22378-536: The mechanisms of international courts like the ICC, has reinforced the notion that victims of war crimes and other serious breaches of International Humanitarian Law have a recognized right to seek reparations. These reparations can take various forms, including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition, aimed at addressing the physical, psychological, and material damage suffered by victims. The Fourth Geneva Convention focuses on
22545-465: The ocean, even to neutral ships. Since there was limited response to this tactic, Germany expected a similar response to its unrestricted submarine warfare. The Battle of Jutland in May/June 1916 was the only full-scale clash of battleships during the war, and one of the largest in history. The clash was indecisive, though the Germans inflicted more damage than they received; thereafter the bulk of
22712-512: The one hand, and civilians and civilian objects on the other; and only to target the former. It also provides that civilians lose such protection should they take a direct part in hostilities. The principle of distinction has also been found by the ICRC to be reflected in state practice; it is therefore an established norm of customary international law in both international and non-international armed conflicts. Necessity and proportionality are established principles in humanitarian law. Under IHL,
22879-411: The persons protected by the Red Cross or the white flag are expected to maintain neutrality, and may not engage in warlike acts themselves; engaging in war activities under a white flag or a red cross is itself a violation of the laws of war. These examples of the laws of war address: It is a violation of the laws of war to engage in combat without meeting certain requirements, among them the wearing of
23046-568: The power, as Commander in Chief of the Armed Forces, to determine that any person, including an American citizen, who is suspected of being a member, agent, or associate of Al Qaeda , the Taliban , or possibly any other terrorist organization, is an "enemy combatant" who can be detained in U.S. military custody until hostilities end, pursuant to the international law of war. The application of
23213-738: The protection of the " cruiser rules ", which demanded warning and movement of crews to "a place of safety" (a standard that lifeboats did not meet). Finally, in early 1917, Germany adopted a policy of unrestricted submarine warfare , realising the Americans would eventually enter the war. Germany sought to strangle Allied sea lanes before the United States could transport a large army overseas, but, after initial successes, eventually failed to do so. The U-boat threat lessened in 1917, when merchant ships began travelling in convoys , escorted by destroyers . This tactic made it difficult for U-boats to find targets, which significantly lessened losses; after
23380-773: The protection of the victims of armed conflicts: the wounded, the sick and the shipwrecked. These date back to ancient times. In the Old Testament, the King of Israel prevents the slaying of the captured, following the prophet Elisha's admonition to spare enemy prisoners. In answer to a question from the King, Elisha said, "You shall not slay them. Would you slay those whom you have taken captive with your sword and with your bow? Set bread and water before them, that they may eat and drink and go to their master." In ancient India there are records (the Laws of Manu , for example) describing
23547-501: The rules and principles governing the conduct of warfare once armed conflict has begun, jus ad bellum pertains to the justification for resorting to war and includes the crime of aggression . Together the jus in bello and jus ad bellum comprise the two strands of the laws of war governing all aspects of international armed conflicts. The law is mandatory for nations bound by the appropriate treaties. There are also other customary unwritten rules of war, many of which were explored at
23714-412: The rules of warfare is what elevates an 'insurrectionist' to the legally cognizable status of 'belligerent' under the 'International law of war'; nothing short of such an 'observance' suffices to effect this transformation from the infra legal to legal ." Whether the conflict is an IAC or a NIAC or both depends on the nature and circumstances of the situation. Since there is a general prohibition against
23881-538: The same consideration by parties to the conflict, without distinction based on race, religion, sex or political opinion. Each and every person affected by armed conflict is entitled to his fundamental rights and guarantees, without discrimination. The prohibition against adverse distinction is also considered by the ICRC to form part of customary international law in international and non-international armed conflict. Women must be protected from rape, forced prostitution and from any form of indecent assault. Children under
24048-420: The same debates and criticisms of " cultural relativism " as have international human rights . Although the modern codification of IHL in the Geneva Conventions and the Additional Protocols is relatively new, and European in name, the core concepts are not new, and laws relating to warfare can be found in all cultures. Indeed, non-Western participants played important roles in the development of this area of law at
24215-469: The term First World War was in September 1914 by German biologist and philosopher Ernst Haeckel who stated, "There is no doubt that the course and character of the feared 'European War' ... will become the first world war in the full sense of the word." For much of the 19th century, the major European powers maintained a tenuous balance of power , known as the Concert of Europe . After 1848, this
24382-559: The terms of the 1949 Conventions with additional protections. In 2005, a third brief Protocol was added establishing an additional protective sign for medical services, the Red Crystal , as an alternative to the ubiquitous Red Cross and Red Crescent emblems, for those countries that find them objectionable. The Geneva Conventions of 12 August 1949. Commentary ( The Commentaries ) is a series of four volumes of books published between 1952 and 1958 and containing commentaries to each of
24549-691: The threat posed by the closing of this gap was more important than competing with the Royal Navy. After Germany expanded its standing army by 170,000 troops in 1913, France extended compulsory military service from two to three years; similar measures were taken by the Balkan powers and Italy, which led to increased expenditure by the Ottomans and Austria-Hungary. Absolute figures are difficult to calculate due to differences in categorising expenditure since they often omit civilian infrastructure projects like railways which had logistical importance and military use. It
24716-531: The threshold of an IAC. The 2020 ICRC commentary on the Third Geneva Convention requires two elements for this classification: "the group must in fact fight on behalf of that Party" and "that Party must accept both the fighting role of the group and the fact that the fighting is done on its behalf." It further states that "[w]here a Party to a conflict has overall control over the militia , volunteer corps or organized resistance movement that has
24883-504: The time a decision can be made, armed conflict may have already evolved in a way that makes the changes obsolete. International humanitarian law International humanitarian law ( IHL ), also referred to as the laws of armed conflict , is the law that regulates the conduct of war ( jus in bello ). It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating
25050-468: The treatment of wounded and sick armed forces in the field. The second convention dealt with the sick, wounded, and shipwrecked members of armed forces at sea. The third convention dealt with the treatment of prisoners of war during times of conflict. The fourth convention dealt with the treatment of civilians and their protection during wartime. Individuals who fulfill the criteria of protected persons in international armed conflicts are protected by
25217-408: The types of weapons that should not be used: "When he fights with his foes in battle, let him not strike with weapons concealed (in wood), nor with (such as are) barbed, poisoned, or the points of which are blazing with fire." There is also the command not to strike a eunuch nor the enemy "who folds his hands in supplication ... Nor one who sleeps, nor one who has lost his coat of mail, nor one who
25384-597: The use of fire in such cases. The most important antecedent of IHL is the current Armistice Agreement and Regularization of War, signed and ratified in 1820 between the authorities of the then Government of Great Colombia and the Chief of the Expeditionary Forces of the Spanish Crown, in the Venezuelan city of Santa Ana de Trujillo. This treaty was signed under the conflict of Independence, being
25551-409: The use of force between States (as is reflected within article 2(4) of the United Nations Charter ) with respect to Common Article 2, it is generally presumed that any use of such military force which is governed by international humanitarian law (IHL) is attributable to deliberate belligerent intent. Regarding Common Article 3, the ICRC in its 2016 commentary stated the provision includes not just
25718-429: The war ended with the Armistice of 11 November 1918 . The Paris Peace Conference of 1919–1920 imposed settlements on the defeated powers, most notably the Treaty of Versailles , by which Germany lost significant territories, was disarmed, and was required to pay large war reparations to the Allies. The dissolution of the Russian, German, Austro-Hungarian, and Ottoman Empires redrew national boundaries and resulted in
25885-413: The war involved British, French, and German colonial forces in Africa. On 6–7 August, French and British troops invaded the German protectorates of Togoland and Kamerun . On 10 August, German forces in South-West Africa attacked South Africa; sporadic and fierce fighting continued for the rest of the war. The German colonial forces in German East Africa , led by Colonel Paul von Lettow-Vorbeck , fought
26052-418: The west , which despite initial successes left the German Army exhausted and demoralised. A successful Allied counter-offensive from August 1918 caused a collapse of the German front line. By early November, Bulgaria, the Ottoman Empire and Austria-Hungary had each signed armistices with the Allies, leaving Germany isolated. Facing a revolution at home , Kaiser Wilhelm II abdicated on 9 November, and
26219-585: The whole is referred to as the "Geneva Conventions of 1949" or simply the "Geneva Conventions". Usually only the Geneva Conventions of 1949 are referred to as First, Second, Third or Fourth Geneva Conventions. The treaties of 1949 were ratified, in whole or with reservations , by 196 countries . The 1949 conventions have been modified with three amendment protocols : The Geneva Conventions apply at times of war and armed conflict to governments who have ratified its terms. The details of applicability are spelled out in Common Articles 2 and 3. This article states that
26386-411: The wounded, and civilians. Not all violations of the treaty are treated equally. The most serious crimes are termed grave breaches and provide a legal definition of a war crime . Grave breaches of the Third and Fourth Geneva Conventions include the following acts if committed against a person specifically protected by the conventions: Also considered grave breaches of the Fourth Geneva Convention are
26553-403: Was challenged by Britain's withdrawal into so-called splendid isolation , the decline of the Ottoman Empire , New Imperialism , and the rise of Prussia under Otto von Bismarck . Victory in the 1870–1871 Franco-Prussian War allowed Bismarck to consolidate a German Empire . Post-1871, the primary aim of French policy was to avenge this defeat, but by the early 1890s, this had switched to
26720-402: Was considerable debate over whether the Geneva Convention should prohibit indiscriminate forms of warfare, such as aerial bombings, nuclear bombings and starvation, but no agreement was reached on those forms of violence. Inspired by the wave of humanitarian and pacifistic enthusiasm following World War II and the outrage towards the war crimes disclosed by the Nuremberg and Tokyo trials ,
26887-421: Was destroyed or looted." In the 17th century, the Dutch jurist Hugo Grotius , widely regarded as the founder or father of public international law, wrote that "wars, for the attainment of their objects, it cannot be denied, must employ force and terror as their most proper agents". Even in the midst of the carnage of history, however, there have been frequent expressions and invocation of humanitarian norms for
27054-465: Was initially an IAC because it waged war against the Islamic Emirate of Afghanistan under Taliban rule. Once the new Karzai administration was established and recognized internationally, the conflict changed from an IAC to a NIAC, with NATO troops under International Security Assistance Force (ISAF) and Resolute Support Mission (RSM) auspices assisting the Islamic Republic of Afghanistan with its consent in battling Taliban insurgents. In contrast,
27221-415: Was one of the deadliest conflicts in history , resulting in an estimated 10 million military dead and more than 20 million wounded , plus some 10 million civilian dead from causes including genocide . The movement of large numbers of people was a major factor in the deadly Spanish flu pandemic. The causes of World War I included the rise of Germany and decline of the Ottoman Empire , which disturbed
27388-654: Was refused. Early on the morning of 4 August, the Germans invaded, and Albert I of Belgium called for assistance under the Treaty of London . Britain sent Germany an ultimatum demanding they withdraw from Belgium; when this expired at midnight, without a response, the two empires were at war. Germany promised to support Austria-Hungary's invasion of Serbia, but interpretations of what this meant differed. Previously tested deployment plans had been replaced early in 1914, but those had never been tested in exercises. Austro-Hungarian leaders believed Germany would cover its northern flank against Russia. Beginning on 12 August,
27555-600: Was returning to Germany when it sank two British armoured cruisers at the Battle of Coronel in November 1914, before being virtually destroyed at the Battle of the Falkland Islands in December. The SMS Dresden escaped with a few auxiliaries, but after the Battle of Más a Tierra , these too were either destroyed or interned. Soon after the outbreak of hostilities, Britain began a naval blockade of Germany . This proved effective in cutting off vital supplies, though it violated accepted international law. Britain also mined international waters which closed off entire sections of
27722-586: Was the foundation of German foreign policy but in 1890, he was forced to retire by Wilhelm II . The latter was persuaded not to renew the Reinsurance Treaty by his new Chancellor , Leo von Caprivi . This gave France an opening to agree the Franco-Russian Alliance in 1894, which was then followed by the 1904 Entente Cordiale with Britain. The Triple Entente was completed by the 1907 Anglo-Russian Convention . While not formal alliances, by settling long-standing colonial disputes in Asia and Africa, British support for France or Russia in any future conflict became
27889-541: Was to overcome the enemy state, which could be done by disabling the enemy combatants. Thus, "the distinction between combatants and civilians, the requirement that wounded and captured enemy combatants must be treated humanely, and that quarter must be given, some of the pillars of modern humanitarian law, all follow from this principle". Fritz Munch sums up historical military practice before 1800: "The essential points seem to be these: In battle and in towns taken by force, combatants and non-combatants were killed and property
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