Misplaced Pages

#978021

122-795: Among its numerous provisions, the Fourth Geneva Convention explicitly prohibits the transfer of the population of an occupying power into the territory it occupies. The Fourth Geneva Convention only concerns protected civilians in occupied territory rather than the effects of hostilities, such as the strategic bombing during World War II . The 1977 Additional Protocol 1 to the Geneva Conventions (AP-1) prohibits all intentional attacks on "the civilian population and civilian objects." It also prohibits and defines " indiscriminate attacks " as "incidental loss of civilian life, injury to civilians, damage to civilian objects, or

244-516: A Commission of Experts which concluded that the Geneva Conventions had passed into the body of customary international humanitarian law , thus making them binding on non-signatories to the Conventions whenever they engage in armed conflicts. This broader application underscores the importance of the Fourth Geneva Convention in ongoing conflicts where allegations of violations frequently surface, emphasising its role in international efforts to ensure

366-683: A Sub-committee charged with the preparation of a Memorandum on these matters for submission to the Welfare Congress to be held in Berlin in September 1863. The members of this Sub-committee, aside from Dunant himself, were Gustave Moynier , lawyer and chairman of the Geneva Society for Public Welfare; physician Louis Appia , who had significant experience working as a field surgeon; Appia's friend and colleague Théodore Maunoir , from

488-602: A belligerent ( co-belligerent ) are not protected as long as “their State of nationality maintains normal diplomatic representation with the State in which they find themselves”. Another definition is given by the Article 50 of the Additional Protocol I, but in a negative way – everybody, who does not belong to the armed forces or prisoners of war belongs to civilian population. Thus, persons that were not covered by

610-405: A belligerent power or nationals of a co-belligerent state (i.e., allied nation) if that state has normal diplomatic relations "within the State in whose hands they are." Dr. Ola Engdahl wrote "[t]he purpose of excluding [these] nationals from the category of protected persons was that they could rely on diplomatic protection of the state of nationality. Persons are either protected persons under

732-657: A book, A Memory of Solferino , describing his experience of the horrors of war during the Battle of Solferino . It increased the desire to improve the conditions of the wounded in armies in the field. Following the diplomatic conference inspired by his ideas and attended by the governments of Europe and several American states, the 1st Geneva Convention was held in 1864 by twelve European countries. The article 6 of this Convention already stipulated: “ Wounded or sick combatants, to whatever nation they may belong, shall be collected and cared for.” This Convention have been replaced by

854-576: A combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated." This rule is referred to by scholars as the principle of proportionality . Until well after World War II ended in 1945, the norm of reciprocity provided a justification for conduct in armed conflict. In 1993, the United Nations Security Council adopted a report from the Secretary-General and

976-462: A committee consisting of amiable but somewhat ineffective Geneva gentlemen. That which calls itself "international" has grown rather provincial… New blood, new methods, a new and more comprehensive outlook, these things are necessary. The League was established in 1919 with Davison as its chairman. However, "Swiss aloofness or unilateralism was hard to overcome", and the relationship between the ICRC and

1098-399: A detailed manner the protection granted to the prisoner of war and obligations incumbent upon the belligerents: The term of protected civilian persons is described in the Article 4 of the Fourth Geneva Convention. It does not protect all civilian persons in general, but only those who are "in the hands of" the adverse party during an international armed conflict. In case of doubts, the person

1220-679: A lack of respect for the rules of the Geneva Conventions and their protection symbols. Among the slain delegates were: In 2011, ICRC launched the Health Care In Danger campaign to highlight risks to humanitarian healthcare workers. The original motto of the International Committee of the Red Cross was Inter Arma Caritas ("Amidst War, Charity"). It has preserved this motto while other Red Cross organizations have adopted others. Due to Geneva's location in

1342-471: A mandate from the Geneva Conventions, the ICRC tried to ameliorate the suffering of civil populations. In territories that were officially designated as "occupied territories," the ICRC could assist the civilian population on the basis of the Hague Convention 's "Laws and Customs of War on Land" of 1907. This convention was also the legal basis for the ICRC's work for prisoners of war. In addition to

SECTION 10

#1732766017979

1464-698: A mark in the history of the committee as its longest-serving President ever. In 1906, the 1864 Geneva Convention was revised for the first time. One year later, the Hague Convention X , adopted at the Second International Peace Conference in The Hague , extended the scope of the Geneva Convention to naval warfare. Shortly before the beginning of the First World War in 1914, 50 years after the foundation of

1586-566: A military or semi-military character. Article 53. Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. In The Geneva Conventions of 12 August 1949. Commentary , Jean Pictet writes: To dissipate any misconception in regard to

1708-605: A national relief society by the International Committee: Directly following the establishment of the Geneva Convention, the first national societies were founded in Belgium, Denmark, France, Oldenburg , Prussia, Spain, and Württemberg. Also in 1864, Louis Appia and Charles van de Velde , a captain of the Dutch Army , became the first independent and neutral delegates to work under the symbol of

1830-561: A new Convention "relative to the Protection of Civilian Persons in Time of War," was established. Also, the additional protocols of 8 June 1977 were intended to make the conventions apply to internal conflicts such as civil wars. Today, the four conventions and their added protocols contain more than 600 articles, a remarkable expansion when compared to the mere 10 articles in the first 1864 convention. In celebration of its centennial in 1963,

1952-480: A rather short period of time, the Red Cross gained huge momentum as an internationally respected movement, and the national societies became increasingly popular as a venue for volunteer work. When the first Nobel Peace Prize was awarded in 1901, the Norwegian Nobel Committee opted to give it jointly to Henry Dunant and Frédéric Passy , a leading international pacifist. More significant than

2074-546: A result of the war and who cannot be adequately cared for by a near relative or friend. A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available. The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against

2196-492: A single day, about 40,000 soldiers on both sides died or were left wounded on the field. Henry Dunant was shocked by the terrible aftermath of the battle, the suffering of the wounded soldiers, and the near-total lack of medical attendance and basic care. He completely abandoned the original intent of his trip and for several days he devoted himself to helping with the treatment and care for the wounded. He succeeded in organizing an overwhelming level of relief assistance by motivating

2318-413: A total defeat or by real peace. However, under all circumstances, protected persons remain protected by the minimum guarantees and by international human rights law. Penal sanctions are foreseen in the Geneva Conventions for persons who committed or ordered to commit grave breaches against protected persons. The grave breaches are qualified as a sub-type of war crimes . International Committee of

2440-472: Is protected person : Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals. It explicitly excludes "Nationals of a State which is not bound by the Convention" and the citizens of a neutral state in the territory of

2562-669: Is about the protection of victims of non-international armed conflicts explicitly forbidding collective punishment. But as fewer states have ratified this protocol than GCIV, GCIV Article 33 is the one more commonly quoted. Articles 47–78 impose substantial obligations on occupying powers. As well as numerous provisions for the general welfare of the inhabitants of an occupied territory, an occupier may not forcibly deport protected persons, or deport or transfer parts of its own civilian population into occupied territory (Art.49). Article 49. Individual or mass forcible transfers , as well as deportations of protected persons from occupied territory to

SECTION 20

#1732766017979

2684-471: Is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased. The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of

2806-423: Is limited to individuals "definitely suspected of" or "engaged in activities hostile to the security of the State." In paragraph two of the article, "spy or saboteur" is mentioned. The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race , nationality , religion or political opinion , and are intended to alleviate

2928-437: Is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure

3050-411: Is not a conflict of international character, the parties must as a minimum adhere to minimal protections described as: non-combatants , members of armed forces who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds , detention , or any other cause shall in all circumstances be treated humanely , with the following prohibitions: Article 4 defines who

3172-419: Is placed in the section entitled "hostilities", it covers all property in the territory involved in a war; its scope is therefore much wider than that of the provision under discussion, which is only concerned with property situated in occupied territory. Protected persons Protected persons is a legal term under international humanitarian law and refers to persons who are under specific protection of

3294-448: Is presumed to be a civilian. In other words, civilians under their own national authority and nationals of the countries not party to the Fourth Geneva Convention are not protected by these texts (the latter's limitation is no longer of practical reference, given that the ratification is now universal and the role of the customary international humanitarian law). Neutral persons who are in the belligerent territory and nationals of an ally of

3416-461: Is to protect the lives and dignity of victims of war and internal violence and to provide them with assistance." It also conducts and coordinates international relief and works to promote and strengthen international humanitarian law and universal humanitarian principles. The core tasks of the committee, which are derived from the Geneva Conventions and its own statutes are: The ICRC drew up seven fundamental principles in 1965 that were adopted by

3538-679: The 1907 Hague Convention X . The 1929 Geneva convention "relative to the Treatment of Prisoners of War" may have been the second Geneva Convention from a historical point of view (because it was actually formulated in Geneva), but after 1949 it came to be called the third Convention because it came later chronologically than the Hague Convention. Reacting to the experience of World War II, the Fourth Geneva Convention ,

3660-531: The Geneva Hygiene and Health Commission ; and Guillaume-Henri Dufour , a Swiss Army general of great renown. Eight days later, on 17 February 1863, the five men held the first meeting of the Sub-committee and decided the Sub-committee should declare itself constituted a "Permanent International Committee", which would thus continue to exist as an "International Committee for Relief of Wounded in

3782-646: The League of Red Cross Societies was founded on 15 May 1919, by the societies of Great Britain , France , Japan , Italy , and the United States . Davison, wanted the League of Red Cross Societies to supersede the ICRC in controlling the Red Cross action in international affairs. He argued that: It should be in reality, and not merely in name an International Committee, a Committee on which there will be representatives from all countries, instead of, as at present,

Fourth Geneva Convention - Misplaced Pages Continue

3904-668: The Red Crystal . The Red Crescent was adopted by the Ottoman Empire during the Russo-Turkish war and the Red Crystal by the governments in 2005, as an additional emblem devoid of any national, political or religious connotation. The official mission statement says that: "The International Committee of the Red Cross (ICRC) is an impartial, neutral, and independent organization whose exclusively humanitarian mission

4026-408: The armed conflict (international or not international) as well as on the category of protected persons in terms of their age (adult/child), sex (man/woman), participation in the armed conflict ( combatant / prisoner of war /civil person) and personal situation (e.g. shipwrecked, sick, wounded, etc.). Minimum rights and fundamental guarantees are granted by the 1977 Additional Protocols I and II to

4148-432: The jurisdiction of the state. Definition of military victim is given by the Article 13 of the 1st Geneva Convention 1949 and by the Article 4 of the 2nd Geneva Convention 1949 for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea. There are several sub-categories of military victims: There are two types of obligations incumbent to the signatory nations under Article 12 of

4270-410: The 1949 Geneva Conventions , their 1977 Additional Protocols, and customary international humanitarian law during an armed conflict . The legal definition of different categories of protected persons in armed conflicts is found in each 1949 Geneva Conventions and also in 1977 Additional Protocols. The extent of protection and obligations of belligerent states and parties depends on the type of

4392-454: The 1990s. It broke its customary media silence when it denounced the Rwandan genocide in 1994. It struggled to prevent the crimes that happened in and around Srebrenica in 1995 but admitted, "We must acknowledge that despite our efforts to help thousands of civilians forcibly expelled from the town and despite the dedication of our colleagues on the spot, the ICRC's impact on the unfolding of

4514-404: The 1st Geneva Convention: In addition to that, the Additional Protocol I of the Geneva Convention establishes a unitary protection for all sick, wounded and shipwrecked independently of their military or civil status. In return, sick and wounded persons shall refrain from any hostile behaviour to benefit from this protection. In case of necessity, belligerent powers can appeal to the charity of

4636-709: The Agency accumulated about 7 million records from 1914 to 1923, each card representing an individual prisoner or missing person. The card index led to the identification of about 2 million POWs and the ability to contact their families, as part of the Restoring Family Links effort of the organization. The complete index is on loan today from the ICRC to the International Red Cross and Red Crescent Museum in Geneva. The right to access

4758-740: The Amelioration of the Condition of the Wounded in Armies in the Field". Representatives of 12 states and kingdoms signed the convention: The convention contained ten articles, establishing for the first time legally binding rules guaranteeing neutrality and protection for wounded soldiers, field medical personnel, and specific humanitarian institutions in an armed conflict. Furthermore, the convention defined two specific requirements for recognition of

4880-576: The Committee published a report reviewing its war-era activities from 1 September 1939 to 30 June 1947. Since January 1996, the ICRC archive for this period has been open to academic and public research. In December 1948 the ICRC was invited, along with the IFRC and AFSC , by the United Nations to take part in a $ 32 million emergency relief programme working with Palestinian refugees. The ICRC

5002-416: The Fourth Geneva Convention is applicable, protected persons can leave the territory, unless it will be contrary to the interests of the belligerent state (i.e. men of fighting age). Protected person shall have the possibility to appeal against the refusal of permission to leave the territory. The proceedings shall be carried in accordance with the fair trial canons. Several limitations could be applied to

Fourth Geneva Convention - Misplaced Pages Continue

5124-535: The French-speaking part of Switzerland, the ICRC is also known under its initial French name Comité international de la Croix-Rouge (CICR). However, the ICRC has three official languages (English, French and Spanish). The official symbol of the ICRC is the Red Cross on white background (the inverse of the Swiss flag ) with the words "COMITE INTERNATIONAL GENEVE" circling the cross. Under the Geneva Convention,

5246-418: The Geneva Conventions grant a special protection to the children under fifteen. Children are protected as victims of the armed conflicts. They can benefit from special hospital and safety zones in time of peace and the outbreak of hostilities, evacuation from besieged of encircled areas. Necessary measures shall be taken in order to ensure their maintenance, exercise of the religion, education, if possible, by

5368-637: The Geneva Conventions of 1906, 1929 and 1949, based on new elements occurred during the subsequent wars.   In the area of international humanitarian law , four 1949 Geneva Conventions, the 1977 Additional Protocols and customary international humanitarian law are the source of the rights and protections for various categories of persons in the context of international armed conflicts, and also non international armed conflicts. These texts are focused on protection of victims of armed conflicts and they are based on one general principle: obligation of human treatment of protected persons, without discrimination on

5490-417: The Geneva Conventions, have minimum protection. In fact, the protection of civilians was extended to the cases of war of national liberation. The legal effect of the status depends on the category of civilian persons and their location (on the territory of adversary Party or on the occupied territory). The civilians can lose the protection against the attacks, if they participate in the hostilities against

5612-515: The Geneva statutes including blatant violations such as the deportation of Jews from Germany and the mass murders conducted in the concentration camps run by the German government. Moreover, two other main parties to the conflict, the Soviet Union and Japan , were not party to the 1929 Geneva Conventions and were not legally required to follow the rules of the conventions. During the war,

5734-613: The ICRC observer status for its assembly sessions and sub-committee meetings, the first observer status given to a private organization. The resolution was jointly proposed by 138 member states and introduced by the Italian ambassador, Vieri Traxler , in memory of the organization's origins in the Battle of Solferino. An agreement with the Swiss government signed on 19 March 1993, affirmed the already long-standing policy of full independence of

5856-476: The ICRC a mandate to protect victims of international and internal armed conflicts . Such victims include war wounded persons, prisoners , refugees , civilians , and other non-combatants . The ICRC is part of the International Red Cross and Red Crescent Movement , along with the International Federation of Red Cross and Red Crescent Societies (IFRC) and 191 National Societies . It is

5978-475: The ICRC and the adoption of the first Geneva Convention, there were already 45 national relief societies throughout the world. The movement had extended itself beyond Europe and North America to Central and South America (Argentina, Brazil, Chile, Cuba, Mexico, Peru, El Salvador, Uruguay, Venezuela), Asia (the Republic of China, Japan, Korea, Siam ), and Africa (South Africa). With the outbreak of World War I ,

6100-578: The ICRC because they were deemed as acting unduly on his own authority and risking the ICRC's neutrality. Only in 1990 was his reputation finally rehabilitated by ICRC President Cornelio Sommaruga . In 1944, the ICRC received its second Nobel Peace Prize. As in World War I, it received the only Peace Prize awarded during the main period of war, 1939 to 1945. At the end of the war, the ICRC worked with national Red Cross societies to organize relief assistance to those countries most severely affected. In 1948,

6222-423: The ICRC failed to obtain an agreement with Nazi Germany about the treatment of detainees in concentration camps, and it eventually abandoned applying pressure to avoid disrupting its work with POWs. There was no public condemnation of treatment in concentration camps, and a proposed 1942 appeal on the conduct of hostilities was abandoned. In addition, the ICRC failed to develop a response to reliable information about

SECTION 50

#1732766017979

6344-627: The ICRC found itself confronted with enormous challenges which it could only handle by working closely with the national Red Cross societies. Red Cross nurses from around the world, including the United States and Japan, came to support the medical services of the armed forces of the European countries involved in the war. On 15 October 1914, immediately after the start of the war, the ICRC set up its International Prisoners-of-War ( POW ) Agency, which had about 1,200 mostly volunteer staff members by

6466-526: The ICRC was to provide the families of the prisoners with some hope and solace and to alleviate their uncertainties about the fate of their loved ones. After the end of the war, the ICRC organized the return of about 420,000 prisoners to their home countries. In 1920, the task of repatriation was handed over to the newly founded League of Nations , which appointed the Norwegian diplomat and scientist Fridtjof Nansen as its "High Commissioner for Repatriation of

6588-476: The ICRC, together with the League of Red Cross Societies , received its third Nobel Peace Prize. Since 1993, non-Swiss individuals have been allowed to serve as Committee delegates abroad, a task which was previously restricted to Swiss citizens. Indeed, since then, the share of staff without Swiss citizenship has increased to about 35%. On 16 October 1990, the UN General Assembly decided to grant

6710-425: The League became, and remained, a problem for years to come. The untimely death of Davison in 1922 after an operation will undoubtedly have had an adverse impact on the league’s ability to counter what he saw as Swiss intransigence. In 1923, the Committee adopted a change in its policy regarding the selection of new members. Until then, only citizens from the city of Geneva could serve in the committee. This limitation

6832-472: The Nazis. For the rest of the war, the Red Cross took its cues from Switzerland in avoiding acts of opposition or confrontation with the Nazis. On 12 March 1945, ICRC President Jacob Burckhardt received a message from SS General Ernst Kaltenbrunner accepting the ICRC's demand to allow delegates to visit the concentration camps. This agreement was bound by the condition that these delegates would have to stay in

6954-675: The Red Cross The International Committee of the Red Cross ( ICRC ) is a humanitarian organization based in Geneva , Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of rules of war and promoting humanitarian norms . State parties (signatories) to the Geneva Convention of 1949 and its Additional Protocols of 1977 ( Protocol I , Protocol II ) and 2005 have given

7076-621: The Red Cross in an armed conflict. Three years later in 1867, the first International Conference of National Aid Societies for the Nursing of the War Wounded was convened. Also in 1867, Henry Dunant was forced to declare bankruptcy due to business failures in Algeria, partly because he had neglected his business interests during his tireless activities for the International Committee. The controversy surrounding Dunant's business dealings and

7198-583: The War Prisoners". His legal mandate was later extended to support and care for war refugees and displaced persons when his office became that of the League of Nations " High Commissioner for Refugees ". Nansen, who invented the Nansen passport for stateless refugees and was awarded the Nobel Peace Prize in 1922, appointed two delegates from the ICRC as his deputies. A year before the end of

7320-557: The army, prisoners of war) shall be treated taking in consideration their sex. During captivity, they should be housed in separated dormitories from men, have separate facilities, and be under supervision of the women. “Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault”. Pregnant women, women in childbirth, women who are breast-feeding or who have small children less than 7 years old are considered as sick and wounded. Several provisions of

7442-511: The battlefield. In June 1859, the Swiss businessman Henry Dunant travelled to Italy to meet French emperor Napoléon III with the intention of discussing difficulties in conducting business in Algeria, at that time occupied by France. When he arrived in the small Italian town of Solferino on the evening of 24 June, he witnessed the aftermath of the Battle of Solferino , an engagement in the Second Italian War of Independence . In

SECTION 60

#1732766017979

7564-411: The camps until the end of the war. Ten delegates, among them Louis Haefliger ( Mauthausen Camp ), Paul Dunant ( Theresienstadt Camp ) and Victor Maurer ( Dachau Camp ), accepted the assignment and visited the camps. Louis Haefliger prevented the forceful eviction or blasting of Mauthausen-Gusen by alerting American troops, thereby saving the lives of about 60,000 inmates. His actions were condemned by

7686-530: The case of war. In addition, he called for the development of international treaties to guarantee the neutrality and protection of those wounded on the battlefield as well as medics and field hospitals. On 9 February 1863, the Geneva Society for Public Welfare held a meeting where it was decided to give serious consideration to the suggestions made in Dunant's book and appointed five of its members to form

7808-414: The civilian population. That being said, the civilian population shall only “respect these wounded and sick, and in particular abstain from offering them violence”, but at the same time can not be prosecuted and convicted “for having nursed wounded or sick”. Legal definition of prisoners of war is given in the Article 4 of the 3rd Geneva Convention and apply to the following persons, who "have fallen into

7930-510: The commentary to the article Jean Pictet writes: They [conventions] are coming to be regarded less and less as contracts concluded on a basis of reciprocity in the national interests of the parties and more and more as a solemn affirmation of principles respected for their own sake, a series of unconditional engagements on the part of each of the Contracting Parties ' vis-à-vis ' the others. Article 3 states that even where there

8052-600: The committee from any possible interference by Switzerland. The agreement protects the full sanctity of all ICRC property in Switzerland including its headquarters and archive, grants members and staff legal immunity, exempts the ICRC from all taxes and fees, guarantees the protected and duty-free transfer of goods, services, and money, provides the ICRC with secure communication privileges at the same level as foreign embassies, and simplifies Committee travel in and out of Switzerland. The ICRC continued its activities throughout

8174-502: The concentration camps and delivered about 1.1 million parcels, primarily to the camps Dachau , Buchenwald , Ravensbrück , and Sachsenhausen . Swiss historian Jean-Claude Favez, who conducted an 8-year review of the Red Cross records, says that even though the Red Cross knew by November 1942 about the Nazi's annihilation plans for the Jews – and even discussed it with U.S. officials –

8296-401: The conditions of the detainees. The most reliable primary source on the role of the Red Cross during World War II are the three volumes of the "Report of the International Committee of the Red Cross on its activities during the second world war (September 1, 1939 – June 30, 1947)" written by the International Committee of the Red Cross itself. The report can be read online. The legal basis of

8418-473: The conflict shall avoid to use them in hostilities. In case of their participation, children continue to benefit from the special protection. Death penalties shall not be executed for persons under 18 years old. Increasing number of non-international armed conflicts have been noticed after the Second World War. Theses conflicts are characterised by two factors: As a consequence, the main goal of

8540-439: The conflict. Hospitals, medical transport, ships, units, and establishments are also protected and shall bear the distinctive emblems and marks. Retained permanent personnel is not considered as a prisoners of war, but should benefit from at least the same protection. Auxiliary personnel shall be prisoners of war. The Geneva Conventions grants special protection to women in all circumstances. Wounded and sick women (members of

8662-447: The convention or can benefit from the diplomatic protection of their state of nationality." A number of articles specify how protecting powers , ICRC and other humanitarian organizations may aid protected persons . The definition of protected person in this article is arguably the most important article in this section because many of the articles in the rest of GCIV only apply to protected persons . Article 5 provides for

8784-468: The courageous acts of individual ICRC delegates at the time. On 4 October 2023 the committee issued a set of rules for civilian hackers to abide by . At the end of the Cold War , the ICRC's work actually became more dangerous. In the 1990s, more delegates lost their lives than at any point in its history, especially when working in local and internal armed conflicts. These incidents often demonstrated

8906-634: The drafters of the Geneva Conventions had in mind the reprisal killings of World War I and World War II . In the First World War, the Germans executed Belgian villagers in mass retribution for resistance activity during the Rape of Belgium . In World War II, both German and Japanese forces carried out a form of collective punishment to suppress resistance. Entire villages or towns or districts were held responsible for any resistance activity that occurred at those places. The conventions, to counter this, reiterated

9028-486: The effects of war which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven. The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted. The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which

9150-447: The end of 1914. By the end of the war, the Agency had transferred about 20 million letters and messages, 1.9 million parcels, and about 18 million Swiss francs in monetary donations to POWs of all affected countries. Furthermore, due to the intervention of the Agency, about 200,000 prisoners were exchanged between the warring parties, released from captivity and returned to their home country. The organizational card index of

9272-483: The end of the war, 179 delegates had conducted 12,750 visits to POW camps in 41 countries. The Central Information Agency on Prisoners-of-War ( Zentralauskunftsstelle für Kriegsgefangene ) had a staff of 3,000, the card index tracking prisoners contained 45 million cards, and 120 million messages were exchanged by the Agency. One major obstacle was that the Nazi -controlled German Red Cross refused to cooperate with

9394-511: The enemy. According to the Fourth Geneva Convention, the rights of protected civilian persons are absolute and inalienable. As a consequence, The Additional Protocol I prohibits indiscriminate attacks or reprisals against the civilian persons, their objects, and objects necessary to their survival. There is a number of basic rights covering the civilian persons: In case of non international armed conflict, Article 3 of Third Geneva Convention grants basic rights to civilian persons. In case

9516-537: The event of War" after its mandate from the Geneva Society for Public Welfare had expired. Among other activities, the Committee organized an international conference in Geneva in October (26–29) 1863 to develop possible measures to improve medical services on the battlefield. The conference was attended by 36 individuals: eighteen official delegates from national governments, six delegates from other non-governmental organizations, seven non-official foreign delegates, and

9638-428: The extermination camps and the mass killing of European Jews. This is still considered the greatest failure of the ICRC in its history. After November 1943, the ICRC achieved permission to send parcels to concentration camp detainees with known names and locations. Because the notices of receipt for these parcels were often signed by other inmates, the ICRC managed to register the identities of about 105,000 detainees in

9760-519: The five members of the committee. The states and kingdoms represented by official delegates were Grand Duchy of Baden , Kingdom of Bavaria , Second French Empire , United Kingdom of Great Britain and Ireland , Kingdom of Hanover , Grand Duchy of Hesse , Kingdom of Italy , Kingdom of the Netherlands , Austrian Empire , Kingdom of Prussia , Russian Empire , Kingdom of Saxony , United Kingdoms of Sweden and Norway , and Spanish Empire . Among

9882-505: The grounds of race, sex, nationality, language, or religion. The Hague Conventions of 1899 and 1907 are also in force, fully applicable and constitute a part of customary international law. Even before the Geneva Conventions, they already contained a number of important provisions regarding the protection of prisoners of war (forbidden actions) and civil persons (e.g. during the occupation). In addition, human rights law also applies to armed conflicts and protects all individuals within

10004-429: The group did nothing to inform the public, maintaining silence even in the face of pleas by Jewish groups. Because the Red Cross was based in Geneva and largely funded by the Swiss government, it was very sensitive to Swiss wartime attitudes and policies. In October 1942, the Swiss government and the Red Cross' board of members vetoed a proposal by several Red Cross board members to condemn the persecution of civilians by

10126-402: The honour of the prize itself, the official congratulation from the International Committee of the Red Cross marked the overdue rehabilitation of Henry Dunant and represented a tribute to his key role in the formation of the Red Cross. Dunant died nine years later in the small Swiss health resort of Heiden . Only two months earlier his long-standing adversary Gustave Moynier had also died, leaving

10248-470: The identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it. Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as

10370-402: The index is still strictly restricted to the ICRC. During the entire war, the ICRC monitored warring parties' compliance with the Geneva Conventions of the 1907 revision and forwarded complaints about violations to the respective country. When chemical weapons were used in this war for the first time in history, the ICRC vigorously protested against this new type of warfare. Even without having

10492-419: The international humanitarian law is not the protection of civilians, but the protection of all non-participants of the conflict (independently of the nature of the detaining power). Humane treatment is granted by the common article 3 of the Geneva Conventions. It forbids: The Additional Protocol II completes the article 3 of the Geneva Conventions adds several forbidden actions and grants to protected persons

10614-533: The local population to aid without discrimination. Back in his home in Geneva , he decided to write a book titled A Memory of Solferino which he published with his own money in 1862. He sent copies of the book to leading political and military figures throughout Europe. In addition to penning a vivid description of his experiences in Solferino in 1859, he explicitly advocated the formation of national voluntary relief organizations to help nurse wounded soldiers in

10736-454: The medical treatment. While popular debate remains on what constitutes a legal definition of torture, the ban on corporal punishment simplifies the matter; even the most mundane physical abuse is thereby forbidden by Article 32, as a precaution against alternate definitions of torture. The prohibition on scientific experiments was added, in part, in response to experiments by German and Japanese doctors during World War II of whom Josef Mengele

10858-426: The nationals of adversary party (assigned residence, internment, registration etc.), but they should be able to receive medical assistance, practice their religion, move from danger or military zone and find paid employment. Occupying powers shall respect at least the following rights: Medical personnel benefits from the protection of all four Geneva Conventions. In fact, this category of protected persons implement

10980-413: The occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article. In no case shall requisition of labour lead to a mobilization of workers in an organization of

11102-411: The oldest and most honoured organization within the movement and one of the most widely recognized organizations in the world, having won three Nobel Peace Prizes (in 1917, 1944, and 1963). Up until the middle of the 19th century , there were no organized and well-established army nursing systems for casualties and no safe and protected institutions to accommodate and treat those who were wounded on

11224-427: The opinion, "that international humanitarian law prohibits the establishment of settlements, as these are a form of population transfer into occupied territory". Article 50. The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children. The Occupying Power shall take all necessary steps to facilitate

11346-400: The organization has learned from the failure: In an official statement made on 27 January 2005, the 60th anniversary of the liberation of Auschwitz, the ICRC stated: Auschwitz also represents the greatest failure in the history of the ICRC, aggravated by its lack of decisiveness in taking steps to aid the victims of Nazi persecution. This failure will remain part of the ICRC's memory, as will

11468-475: The persons not covered by the 1949 Geneva Conventions, independently of the character of the conflict (international or national). Moreover, the Additional Protocol II extended the protection of existing protected persons in non-international armed conflicts (persons deprived of liberty, wounded and sick, medical and religious personnel, civilian population). In 1862 Henri Dunant published

11590-409: The persons with the same nationality. They shall benefit from the same preferential treatment as the nationals of the adversary part. During the internment, they shall be housed separately from the adults, unless with their parents and family members. Additional food shall be given taking in consideration their physiological needs. Also, children are protected as children-combatants. The parties of

11712-443: The power of the enemy": Several type of persons has right to the treatment equal to the prisoners of war, without holding this status (parliamentarians, children-combatants). In case of doubt, the concerned person has a right to the presumption of status of prisoner of war, until the exact status is established by the competent court. Four categories of persons need an additional attention: The 3rd Geneva Convention describes in

11834-564: The present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The scope of Article 2 is broad: Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. In

11956-431: The principle of individual responsibility. The International Committee of the Red Cross (ICRC) Commentary to the conventions states that parties to a conflict often would resort to "intimidatory measures to terrorize the population" in hopes of preventing hostile acts, but such practices "strike at guilty and innocent alike. They are opposed to all principles based on humanity and justice". Additional Protocol II of 1977

12078-432: The proposals written in the final resolutions of the conference, adopted on 29 October 1863, were: Only one year later, the Swiss government invited 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

12200-420: The protection of civilians, as illustrated by the ongoing debates and legal interpretations in modern conflicts. This sets out the overall parameters for GCIV: Article 2 states that signatories are bound by the convention both in war, armed conflicts where war has not been declared , and in an occupation of another country's territory. In addition to the provisions which shall be implemented in peacetime,

12322-517: The protection of protected persons established by international humanitarian law, especially wounded and sick combatants. They should not be attacked, but in contrary respected, kept out of danger and be free to pursue their medical or spiritual duties, unless they are used to commit the acts harmful to the enemy. This protection covers permanent, auxiliary medical personnel, chaplains, staff of National Red Cross Societies and other Voluntary Aid Societies, neutral state society if agreed with Parties to

12444-464: The red cross, red crescent and red crystal emblems provide protection for military medical services and relief workers in armed conflicts and is to be placed on humanitarian and medical vehicles and buildings. The original emblem that has a red cross on a white background is the exact reverse of the flag of neutral Switzerland. It was later supplemented by two others which are the Red Crescent , and

12566-561: The respective activities of the ICRC significantly increased the reputation and authority of the Committee among the international community and led to an extension of its competencies. As early as in 1934, a draft proposal for an additional convention for the protection of the civil population during an armed conflict was adopted by the International Red Cross Conference. Unfortunately, most governments had little interest in implementing this convention, and it

12688-534: The resulting negative public opinion, combined with an ongoing conflict with Gustave Moynier, led to Dunant's expulsion from his position as a member and secretary. He was charged with fraudulent bankruptcy and a warrant for his arrest was issued. Thus, he was forced to leave Geneva and never returned to his home city. In the following years, national societies were founded in nearly every country in Europe. The project resonated well with patriotic sentiments that were on

12810-488: The rights to "respect for their person, honour and convictions and religious practices". Children continue to benefit from special protection. Additional Protocol II also prohibits the forced movements of civilians. It becomes more difficult to determine the end of the armed conflict in the contemporary world, and as a consequence, the application of international humanitarian law in general and to protected persons in particular. Wars in contemporary world rarely end with

12932-547: The rise in the late-nineteenth-century, and national societies were often encouraged as signifiers of national moral superiority. In 1876, the committee adopted the name "International Committee of the Red Cross" (ICRC), which is still its official designation today. Five years later, the American Red Cross was founded through the efforts of Clara Barton . More and more countries signed the Geneva Convention and began to respect it in practice during armed conflicts. In

13054-426: The same family are not separated. The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place. The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand. The Occupying Power shall not deport or transfer parts of its own civilian population into

13176-505: The scope of Article 53, it must be pointed out that the property referred to is not accorded general protection; the Convention merely provides here for its protection in occupied territory. The scope of the Article is therefore limited to destruction resulting from action by the Occupying Power. It will be remembered that Article 23 (g) of the Hague Regulations forbids the unnecessary destruction of enemy property; since that rule

13298-435: The security of the installations where they are performing compulsory labour. The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in

13420-581: The sufferings caused by war. The list of basis on which distinction might be drawn is not exhaustive. Rule 113 Treatment of the dead. The obligation to take all possible measures to prevent the dead from being despoiled (or pillaged) A protected person may not have anything done "of such a character as to cause physical suffering or extermination ... the physical suffering or extermination of protected persons in their hands. This prohibition applies to murder, torture , corporal punishments , mutilation and medical or scientific experiments not necessitated by

13542-415: The suspension of persons' rights under the convention for the duration of time that this is "prejudicial to the security of such State", although "such persons shall nevertheless be treated with humanity and, in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention." The common interpretation of article 5 is that its scope is very limited. Derogation

13664-446: The territory it occupies. The reference in the last paragraph to " deportation ", is commonly understood as the expulsion of foreign nationals, whereas the expulsion of nationals would be called extradition, banishment or exile . If ethnic groups are affected by deportation , it may also be referred to as population transfer . Transfer in this case literally means to move or pass from one place to another. The ICRC has expressed

13786-452: The territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it

13908-522: The tragedy was extremely limited." It went public once again in 2007 to decry "major human rights abuses" by Burma's military government including forced labour, starvation, and murder of men, women, and children. By taking part in the 1995 ceremony to commemorate the liberation of the Auschwitz concentration camp , the President of the ICRC, Cornelio Sommaruga , sought to show that the organization

14030-497: The war, the ICRC received the 1917 Nobel Peace Prize for its outstanding wartime work. It was the only Nobel Peace Prize awarded in the period from 1914 to 1918. After the war ended, Henry Pomeroy Davison , who had been Chairman of the War Council of the American Red Cross pressed for the creation of an international organization to coordinate the work of the different national Red Cross societies. Based on his recommendation,

14152-634: The work of the ICRC during World War II was the Geneva Conventions (1929) revision, as well as the Convention relating to the International Status of Refugees , of 28 October 1933. The activities of the committee were similar to those during World War I: visiting and monitoring POW camps, organizing relief assistance for civilian populations, and administering the exchange of messages regarding prisoners and missing persons. By

14274-592: The work of the International Prisoner-of-War Agency as described above this included inspection visits to POW camps . A total of 524 camps throughout Europe were visited by 41 delegates from the ICRC until the end of the war. Between 1916 and 1918, the ICRC published a number of postcards with scenes from the POW camps. The pictures showed the prisoners in day-to-day activities such as the distribution of letters from home. The intention of

14396-420: Was expanded to include Swiss citizens. As a direct consequence of World War I, an additional protocol to the Geneva Convention was adopted in 1925 which outlawed the use of suffocating or poisonous gases and biological agents as weapons. Four years later, the original Convention was revised and the second Geneva Convention "relative to the Treatment of Prisoners of War" was established. The events of World War I and

14518-402: Was fully aware of the gravity of The Holocaust and the need to keep the memory of it alive, so as to prevent any repetition of it. He paid tribute to all those who had suffered or lost their lives during the war and publicly regretted the past mistakes and shortcomings of the Red Cross with regard to the victims of the concentration camps. In 2002, an ICRC official outlined some of the lessons

14640-469: Was given responsibility for the areas that are now the West Bank and Israel . On 12 August 1949, further revisions to the existing two Geneva Conventions were adopted. An additional convention "for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea", now called the second Geneva Convention, was brought under the Geneva Convention umbrella as a successor to

14762-424: Was the most infamous. No protected person may be punished for any offense he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property is prohibited. Under the 1949 Geneva Conventions, collective punishment is a war crime . By collective punishment,

14884-553: Was thus prevented from entering into force before the beginning of World War II. In the Interwar period , Bolivia and Paraguay were disputing possession of the Gran Chaco - a desert region between the two countries. The dispute escalated into a full-scale conflict in 1932. During the war the ICRC visited 18,000 Bolivian prisoners of war and 2,500 Paraguayan detainees. With the help of the ICRC both countries made improvements to

#978021