But the rules of the law grant an exception for hospitals as well as for other civilian structures. When a hospital is used for certain military operations, it can become a legitimate target. MSF said this month that „the conduct of hostilities in Syria could violate the basic rules of war.“ The UN Security Council, a group of 15 countries at the United Nations responsible for maintaining international peace and security, can also impose sanctions — such as a travel ban or arms embargo — to induce warring parties to abide by the rules of war. The basic rules of international humanitarian law in armed conflict are as follows: In addition, the ICRC helps inform the public about the rules of war through videos and social media posts. The 2-minute film, titled „Why We Can`t Save His Life,“ won a Grand Prix at the Cannes Lions Film Festival in France this month. The film reminds us that hospitals are not a target. The first two conventions developed the principle of neutrality of the sick and wounded. The Prisoners of War Convention expanded on the 1929 Convention by requiring humane treatment, adequate food and the delivery of relief supplies, and by prohibiting any pressure on prisoners to provide more than a minimum of information. The Fourth Convention does not contain much that had not been enshrined in international law before the Second World War. Although the convention was not original, the disregard for humanitarian principles during the war made the reformulation of its principles particularly important and timely. The Convention prohibited, inter alia, the expulsion of individuals or groups, hostage-taking, torture, collective punishment, offences constituting „outrages upon personal dignity“, the imposition of judicial penalties (including executions) without due process guarantees, and discriminatory treatment on the basis of race, religion, nationality or political opinion.
In January, a British MP wrote a commentary in The Guardian calling for the prosecution of Yemeni armed forces, led by Saudi Arabia and the United Arab Emirates, „for violations against civilians and violations of the rules of war.“ This month, coalition forces attacked the port city of Hodeidah, Yemen`s lifeline, to get life-saving aid, food and fuel. Representatives of humanitarian organizations say these rules are increasingly flouted in conflict zones around the world. „It has become striking that respect for international humanitarian law is declining,“ said Scott Paul, head of humanitarian policy at Oxfam America, a global humanitarian organization. Over the next 85 years, diplomats debated and passed additional amendments and treaties to regulate the treatment of combatants at sea and prisoners of war, not just combatants on the battlefield. In 1949, after the horrors of World War II, diplomats met again in Geneva to adopt four treaties that reaffirmed and updated previous treaties and expanded rules to protect civilians. They are now collectively known as the Geneva Conventions of 1949 and contain the main rules of war. While conventions contain many rules, here are six crucial principles that are relevant to ongoing conflicts. Since the rules themselves often use legal terms, we have paraphrased the language. To read the original language, click here: The 1864 Convention was ratified in three years by all the major European powers as well as by many other states.
It was amended and expanded in 1906 by the Second Geneva Convention, and its provisions were applied to naval warfare by the Hague Conventions of 1899 and 1907. The Third Geneva Convention, the Convention on the Treatment of Prisoners of War (1929), required warring parties to treat prisoners of war humanely, provide information about them, and allow official visits by representatives of neutral States to prison camps. The signatory countries agreed on new restrictions on the treatment of „protected persons“ under the original conventions, and clarifications were made to the terms used in the conventions. Finally, new rules were created for the treatment of the dead, cultural artifacts and dangerous targets (such as dams and nuclear facilities). The Geneva Conventions comprise four treaties and three additional protocols that set international standards for humanitarian treatment in time of war. The singular term Geneva Convention generally refers to the 1949 agreements negotiated after World War II (1939-1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions defined in detail the fundamental rights of prisoners of war (civilian and military), established the protection of the wounded and sick, and established the protection of civilians in and around a war zone. The 1949 treaties have been ratified in full or with reservations by 196 countries. [1] In addition, the Geneva Convention also defines the rights and protection of non-combatants.
The Geneva Conventions concern soldiers in time of war; they do not deal with war per se – the use of weapons of war – which is the subject of the Hague Conventions[a] and the Geneva Protocol on Biochemical Warfare. [b] More than 180 States have become parties to the 1949 Conventions. Some 150 States are parties to Protocol I; more than 145 States are parties to Protocol II, but not the United States. In addition, more than 50 States have issued statements recognizing the competence of international commissions of inquiry to investigate allegations of serious or other serious breaches of the Conventions or Protocol I. The Geneva Conventions are rules that apply only in times of armed conflict and are intended to protect persons who are not or no longer taking part in hostilities; These include the sick and wounded of the armed forces in the field, the wounded, the sick and shipwrecked of the armed forces at sea, prisoners of war and civilians. The first convention dealt with the treatment of the wounded and sick in the field. [21] The second convention dealt with the sick, wounded and shipwrecked of armed forces at sea. [22] [23] The third convention dealt with the treatment of prisoners of war in time of conflict. [24] The fourth convention dealt with the treatment and protection of civilians in time of war. [25] The rules of war are part of the Geneva Convention and were first established in the 19th century. The 1949 conventions were amended with three amending protocols: Although our modern rules of war date back to ancient civilizations and religions, it was Henri Dunant, the founder of the Red Cross, who initiated the process of codifying these customs into international humanitarian law.
In 1864, he participated in the founding of the first Geneva Convention, an international treaty that obliged armies to treat the sick and wounded on the battlefield. It has been adopted by 12 European countries. On October 20, 1868, the first unsuccessful attempt was made to extend the 1864 treaty. The „Additional Articles on the Status of the War-Wounded“ attempted to clarify some of the rules of the 1864 Convention and extend them to naval warfare. The articles have been signed but ratified only by the Netherlands and the United States of America. [7] The Netherlands subsequently withdrew its ratification. [8] The protection of victims of naval warfare was then achieved by the Third Hague Convention of 1899 and the Tenth Hague Convention of 1907. [9] The Geneva Conventions of 1949 have been ratified by all UN member states, while the Additional Protocols and other international treaties on humanitarian law have not yet reached the same level of acceptance.
However, many of the rules contained in these treaties have been considered common law and, as such, are binding on all states (and other parties to the conflict), whether or not the states themselves have ratified the treaties.
