The Geneva Conventions and Human Rights during Wartime

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The Geneva Conventions and Human Rights during
Wartime

• Jeffrey Spike, Ph.D.
• Florida State University College of Medicine
• jeffrey.spike_at_med.fsu.edu

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The Geneva Convention

• First proposed in 1859 by Henry Dunant after
  seeing the Battle of Solferino, in which 40,000
  men died in battle and another 40,000 died of
  their wounds
• He was inspired by nurses Florence Nightingale in
  Europe and Clara Barton in the US
• First drafted and ratified in Europe in 1864,
  modern version with four Conventions drafted in
  1949 and ratified by 191 countries
• Led to the establishment of the Red Cross in 1877
  
• The modern Conventions guarantee human rights to
  four groups the sick and wounded, shipwrecked
  sailors, prisoners of war, and civilians in
  territory occupied by an army

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Geneva Conventions I II

• The human dignity of all individuals must be
  respected at all times
• Everything possible must be done, without any
  kind of discrimination, to reduce the suffering
  of people who have
• been put out of action by sickness, wounds or
  captivity
• If a member of the armed forces is wounded or
  sick, and therefore in no condition to take an
  active part in the hostilities, he is no longer
  part of the fighting force and becomes a
  vulnerable person in need of protection and care.
• Belligerents must treat members of enemy forces
  who are wounded, sick or shipwrecked as carefully
  their own
• Medical equipment must not be intentionally
  destroyed and medical establishments and vehicles
  must not be attacked, damaged or prevented from
  operating

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Geneva Convention III

• Prisoners of War Must be
• -Allowed to inform next of kin and
  International Red Cross of their capture
• - Allowed to correspond regularly with relatives
  and to receive relief parcels
• - Allowed to keep their clothes, feeding
  utensils and personal effects- Supplied with
  adequate food and clothing- Provided with
  quarters not inferior to those of their captor's
  troops- Given the medical care their state of
  health demands- Paid for any work they do-
  Repatriated if certified seriously ill or wounded
  
• (but they must not resume active military
  duties afterwards)
• - Quickly released and repatriated when
  hostilities cease.
• Prisoners of war must NOT be-Compelled to give
  any information other than their name, age, rank
  and service number.
• Torture or inhumane treatment of prisoners-of-war
  (Geneva III, arts. 17 87) or protected persons
  (Geneva IV, art. 32) are grave breaches of the
  Geneva Conventions, and are considered war crimes

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Geneva Convention IV

• Detained civilians must at all times be humanely
  treated (Geneva III, art. 13, Geneva IV, art.
  27).  Protected civilians MUST be- Protected
  against acts or threats of violence, insults and
  public curiosity
• - Entitled to respect for their honor, family
  rights, religious convictions and practices, and
  their manners and customs- Specially protected,
  for example in safety zones, if wounded, sick,
  old, children under 15, expectant mothers or
  mothers of children under 7.- Enabled to
  exchange family news of a personal kind
• - Helped to secure news of family members
  dispersed by the conflict- Allowed to practice
  their religion with ministers of their own faith
• Detainees may be questioned, but any form of
  physical or mental coercion is prohibited
  (Geneva III, art. 17 Geneva IV, art. 31)
• Women shall be protected from indecent assault,
  prostitution, and rape (Geneva IV, art. 27)

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Two protocols added in 1977(ratified by over 160
nations)

• Protocol I adds explicit protections to outlaw
  attacks on civilians and civilian targets.
  Prohibits
• -attacking dams, houses of worship, food and
  water supplies
• -recruiting children under 15 into armed forces
• -bombing nuclear power stations and weapons
  which cause long term and severe environmental
  damage
• -use of weapons that cause superfluous injury
  or unnecessary suffering.
• Protocol II adds explicit protections to
  civilians during a civil war. Prohibits
• -collective punishment, pillage, terrorism, and
  hostage-taking -attacks on basic needs for
  civilian survival such as crops, drinking water
  supplies and irrigation systems

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Uniform Code of Military Justice

• Military personnel who mistreat prisoners can be
  prosecuted by a court-martial under various
  provisions of the UCMJ, arts. 77-134.
• Military contractors working for the Department
  of Defense might also be prosecuted under the
  Military Extraterritorial Jurisdiction Act of
  2000 (Public Law 106-778), known as MEJA