GENEVA CONVENTION COVERING IMPORTANT ASPECTS

GENEVA CONVENTION

1. Human Rights And Citizenship Course code: ENG-360 Submitted to: ma’am Aqdas Submitted by: group 10 GENEVA CONVENTION

2. International humanitarian law (IHL) is a set of rules that seek for humanitarian reasons to limit the effects of armed conflict . IHL protects persons who are not or who are no longer participating in hostilities and it restricts the means and methods of warfare. IHL is also known as the law of war and the law of armed conflict . A major part of international humanitarian law is contained in the four Geneva Conventions of 1949 that have been adopted by all nations in the world. International Humanitarian Law

3. Geneva Convention The Geneva Conventions extensively define the basic rights of wartime prisoners,  civilians and   military personnel, established protections for the wounded and sick, and provided  protections for the civilians in and around a war-zone . [ The  Geneva Conventions  are  international humanitarian law consisting of four  treaties and three additional  protocols that establish international legal standards for humanitarian treatment in  war.

4. Geneva convention & Protocols First Geneva Convention, 1864 Second Geneva Convention, 1906 Fourth Geneva Convention, 1949 Protocol I additional to the Geneva Conventions, 1977 Protocol II additional to the Geneva Conventions, 1977 Protocol III additional to the Geneva Conventions, 2005 Third Geneva Convention, 1929

5. Origin The development of modern international humanitarian law is credited to the efforts of 19th century Swiss businessman Henry Dunant. In 1859, Dunant witnessed the aftermath of a bloody battle between French and Austrian armies in Solferino , Italy. The departing armies left a battlefield littered with wounded and dying men. Despite Dunant’s valiant efforts to mobilize aid for the soldiers, thousands died . His humanitarian efforts won him the first Nobel Peace Prize in 1901 .

6. A Memory Of Solferino In “A Memory of Solferino ,” his book about the experience, Dunant proposed that trained volunteer relief groups be granted protection during war in order to care for the wounded. A group known as the Committee of Five, which later became the International Committee of the Red Cross , formed in Geneva in 1863 to act on Dunant’s suggestion. Dunant also suggested a formal agreement between nations “for the relief of the wounded.”

7. 16 nations, assisted by this committee, as well as representatives of military medical services and humanitarian societies , negotiated a convention (treaty) containing 10 articles specifying that: Ambulances, military hospitals, and the personnel serving with them are to be recognized as neutral and protected during conflict; Citizens who assist the wounded are to be protected; .

8. Wounded or sick combatants are to be collected and cared for by either side in a conflict; The symbol of a red cross on a white background (the reverse of the Swiss flag in honor of the origin of this initiative) will serve as a protective emblem to identify medical personnel, equipment, and facilities.

9. Geneva Convention 1

10. Geneva Convention 1 The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. The First Geneva Convention protects soldiers who are hors de combat (out of the battle). The 10 articles of the original 1864 version of the Convention have been expanded in the First Geneva Convention of 1949 to 64 articles that protect the following :

11. Geneva Convention 1 Wounded and sick soldiers Medical personnel, facilities and equipment Wounded and sick civilian support personnel accompanying the armed forces Military chaplains Civilians who spontaneously take up arms to repel an invasion

12. Geneva Convention 2

13. Geneva Convention 2 The Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 The Second Geneva Convention adapts the protections of the First Geneva Convention to reflect conditions at sea. It protects wounded and sick combatants while on board ship or at sea.

14. Protocol I (102 Articles) Protocol additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts Protocol I expands protection for the civilian population as well as military and civilian medical workers in international armed conflicts Protocol 1 (1977)

15. Protocol II (28 Articles) Protocol additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts Protocol II elaborates on protections for victims caught up in high-intensity internal conflicts such as civil wars. It does not apply to such internal disturbances as riots, demonstrations and isolated acts of violence. Protocol II expands and complements the non-international protections contained in Article 3 common to all four Geneva Conventions of 1949. Protocol 2 (1977)

16. Geneva Convention 3

17. Geneva Convention 3 The Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949 The Third Geneva Convention sets out specific rules for the treatment of prisoners of war (POWs). The Convention’s 143 articles require that POWs be treated humanely, adequately housed and receive sufficient food, clothing and medical care. Its provisions also establish guidelines on labor, discipline, recreation and criminal trial.

18. Geneva Convention 3 Note that prisoners of war may include the following: Members of the armed forces Volunteer militia, including resistance movements Civilians accompanying the armed forces.

19. Geneva Convention 4

20. Geneva Convention 4 The Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949 Civilians in areas of armed conflict and occupied territories are protected by the 159 articles of the Fourth Geneva Convention.

21. In 2005, a third Additional Protocol was adopted creating an additional emblem, the Red Crystal along with existing Red Cross and Red Crescent emblems.- The International Committee for the Red Cross (ICRC), an international humanitarian organisation , has the mandate to monitor that signatories follow the rules in situations of conflict. Protocol 3 (2005)

22. Common Article 3 All four Geneva Conventions contain an identical Article 3, extending general coverage to “conflicts not of an international character.” In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions : 1. Persons taking no active part in the hostilities, including members of the armed forces who have laid down their arms and those placed hors de combat (out of the fight) by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria.

23. Common Article 3 To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: ( a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; ( b) Taking of hostages; ( c) Outrages upon personal dignity, in particular, humiliating and degrading treatment; ( d) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

24. Common Article 3 2. The wounded, sick and shipwrecked shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavor to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

25. Ancient International humanitarian law is founded on the principles of humanity, partiality and neutrality. Its roots extend to such historic concepts of justice as Babylon’s Hammurabic Code (1775-1750) T he Code of Justinian from the Byzantine Empire T he Lieber Code used during the United States Civil War . History of POWs

26. During the Civil War in 1863, Abraham Lincolnhad brought in a code which was known as " Lieber Code"It was a set of instructions given by the US military department to its officials to ensure no citizen, wounded combatants, etc. Lieber Code forbade any kind of forceful labour by the victorious government. It also prohibited unnecessary violence against "rival civilians"

27. Hiduism The set of ethical rules for conflict and war times have always been in existence The great Epic Mahabharata contains several ethical principles for war time. For eg : Attacking enemy after the sunset was not allowed in Mahabhara Ethics of war of different religions

28. Ethics of war in islam F or the treatment of POWs, Islamic law requires that they be respected and treated humanely. They must be fed and given water to drink, clothed if necessary, and protected from the heat and the cold and from cruel treatment. Torturing POWs to obtain military information is prohibited

29. 2American soldiers killed 73 unarmed Italian and German prisoners of War in the Biscari Massacre of 1943, the British had an interrogation centre that was accused of harsh treatment of POWs* and stories of German, Soviet and Japanese brutality to prisoners are commonplace. Also holocaust and genocide. HORROR STORIES FROM WORLD WAR

30. It is worth mentioning here that till World War-1, the head of states enjoyed absolute immunity of war crimes According to the Geneva conventions, the signatory parties are the authority to persecute such war criminals. However, since 1990s, International Tribunals have started implementing them And later ICC is to presecute individuals who have committed war crimes or crimes against humanity

31. The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court. It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of November 2019, 123 states are party to the statute .   Start date:  July 17, 1998 Location :  Rome Condition:  60 ratifications Depositary:  UN Secretary-General Effective:  1 July 2002 Signed:  17 July 1998 Signatories:  137 ICC

32. Success full trails

33. H olocaust

34. 2006

35. Caused death of tens of thousand people

36. S helling of Zagreb ( Okran rockets) & Operation flashlight  

37. ICC several cases of war crimes: Jean-Pierre Bemba Former Congolese vice-president and militia leader was  convicted by the ICC in 2016 for war crimes and crimes against humanity,  Bemba's conviction only encompassed one murder, twenty acts of rape, and five acts of pillage in the Central African Republic. Sentenced to 18 years' imprisonment in 2016 and acquitted in 2018.

38. Ntaganda case: ICC found the members of Congolese Armed group were involved in mass sexual crime. He  was sentenced by the ICC to a total of 30 years of imprisonment on Nov 2019

39. Recent cases

40. The International Committee of the Red Cross (ICRC) holds that the establishment of Israeli settlements violate Fourth Geneva Convention . The ICRC also holds that the displacement of Palestinians that may occur due to the settlements also violates Article 49 of the Fourth Geneva Convention. Israel- Plasentine war

41. Israel and USA both are not parties of the ICC. Israel has consistently rejected the jurisdiction of ICC on such issue

42. US. Vice President Kamala Harris has already called for an investigation into allegations of Russia committing war crimes in Ukraine, citing as example the bombing of a maternity hospital in the southern city of Mariupol . Similarly , there has been photographic and video evidence of lethal firing on civilians trying to escape across a damaged bridge in Irpin , near Kyiv; Russia- Ukrain war

43. and hours of cell phone videos of bombed-out schools, houses, and apartment buildings across Ukraine. On February 28 2022, the ICC opened a war crimes investigation under its prosecutor, Karim Khan.

44. There are over 700,000 Indian soldiers occupying Kashmir, making it the world’s most densely militarised zone. Life there has always resembled living in an open air prison, similar to Gaza. Article 32 of the Geneva IV prohibits torture against civilians in the occupied territory Kashmir issue

45. Article 27 of the Geneva IV states that, “Protected persons are entitled, in all circumstances, to respect for their persons, their honour , their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.” India denied locals access to the Jamia Masjid, the main masjid in Srinagar, for Eid prayers.

46. Article 49 of the Geneva IV says, “The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.” After revoking Article 370 of the Indian Constitution, India has not only stripped the Kashmiris of their autonomy, but also paved the way for Indians to buy property and make investments in Kashmir. Mukesh Ambani announced that his group will invest in the region soon

47. Neither the Indian MEA nor its Pakistani counterpart has identified the Wing Commander as a PoW . However, as per the third Geneva Convention , "The convention applies to all cases of declared war or of any other armed conflict which may arise between two or more of the signatories, even if the state of war is not recognized by one of them." Abhinandan Case

48. The ICC was severely criticized by African leaders for its sole focus against African countries governments and failure to take actions against powerful countries . It is true that punishing war crimes perpetrators is difficult but some successful cases have also happened Critics claim that war crimes are mainly brought in against only those countries which are either defeated or weak The lack of initiative for war crimes against powerful countries clearly reflect in Isarel -Palestine, Armenia-Azerbaijan case and in cases related to the US and China C riticism

49. The eases in Iraq, Syria, Yemen & now Ukraine underscore the grim fact that the Geneva Conventions, even when backed by rulings of the ICC, have not been able to be enforced. However , they have in the past proved effective at raising global awareness of human rights violations across conflict zones, and in some cases have even led to sanctions or trade embargoes against the belligerent parties. Are these conventions effective?

50. Group # 10 Mussafa Zainab - Roll # 9 Saman Qayyum - Roll # 11 Shafqat Batool - Roll # 14 Waffa Shahzad - Roll # 21 Ayesha Ashraf- Roll # 44 Edited by Waffa Shahzad THANK YOU!