Legal Definitions - Geneva Conventions of 1949

The Geneva Conventions of 1949 are a set of four international treaties that establish fundamental standards for humanitarian treatment during armed conflicts. Their primary purpose is to protect individuals who are not, or are no longer, participating in hostilities.

These conventions specifically address:

• The protection of wounded and sick members of armed forces on land.
• The protection of wounded, sick, and shipwrecked members of armed forces at sea.
• The humane treatment of prisoners of war.
• The protection of civilians in times of war, particularly those living under occupation.

While primarily designed for international armed conflicts (wars between states), a crucial provision known as Common Article 3 extends basic humanitarian protections to individuals involved in non-international armed conflicts (such as civil wars). These foundational agreements were later supplemented by two Additional Protocols in 1977, which further strengthened protections for victims of armed conflict. Although there are four distinct agreements, people often refer to them collectively as "the Geneva Convention" in everyday conversation.

Examples:

• Treatment of Prisoners of War: During an international conflict, soldiers from Country A capture several combatants from Country B. Under the Geneva Conventions, Country A is legally obligated to treat these captured soldiers humanely. This means providing them with adequate food, shelter, and medical care, and protecting them from torture, humiliation, or any form of violence. They must also allow the International Committee of the Red Cross (ICRC) to visit the prisoners to monitor their conditions.

  This illustrates the Convention's provisions regarding the humane treatment and protection of prisoners of war, ensuring their basic rights are upheld even in captivity.

• Protection of Civilians in Occupied Territory: In a conflict zone, a military force occupies a town where civilians reside. The Geneva Conventions mandate that the occupying force must respect the lives, dignity, and religious practices of the civilian population. They cannot arbitrarily seize private property, deport civilians, or use them as human shields. Furthermore, they must allow humanitarian organizations to deliver aid, such as food and medicine, to the civilian population.

  This demonstrates the Convention's commitment to safeguarding non-combatant civilians from the direct effects of war and ensuring their fundamental rights are respected by occupying powers.

• Care for Wounded Combatants in a Civil War: A non-international armed conflict (civil war) is ongoing within a country, and fighters from both sides are wounded in battle. Even though it's not a war between two states, Common Article 3 of the Geneva Conventions requires that all wounded combatants, regardless of which side they fought for, must be collected and cared for. Acts such as torture, cruel treatment, or summary executions of captured or wounded fighters are strictly prohibited. Medical personnel and facilities must also be respected and protected.

  This highlights how the Conventions, through Common Article 3, extend essential humanitarian standards to internal conflicts, ensuring basic humane treatment for those affected, even when formal state-on-state warfare is not present.